Oct 5, 2026 · by BalayHub Admin · 6 min read

Capital Gains Tax on Property Sale Philippines: 6% Guide

Capital gains tax on property sale in the Philippines: 6% of price or zonal value, the 30 day deadline, and the principal residence exemption with escrow.

Capital Gains Tax on Property Sale Philippines: 6% Guide

Capital gains tax on property sale in the Philippines is 6%, and it is charged whether or not the seller made any gain. The law presumes a gain on every sale of land, a house or a condominium unit held as a personal asset, and taxes the whole price, or the government's own valuation if that is higher. It is usually the largest single cost of selling a home, it has a 30 day deadline, and it comes with one exemption worth knowing before you sign anything: the sale of a principal residence. This guide covers the base, the deadline, the exemption and its paperwork, with the arithmetic.

What the 6% is charged on

Section 24(D)(1) of the Tax Code imposes a final tax of 6% on the gross selling price or the current fair market value, whichever is higher, on the sale, exchange or other disposition of real property in the Philippines classified as a capital asset. Conditional sales and pacto de retro sales are included. The fair market value is itself the higher of two official figures: the BIR zonal value and the market value in the schedule of the provincial or city assessor. Our guide to zonal value vs market value vs assessed value explains where each one comes from.

So the examiner compares three numbers and taxes the largest. Sell a lot for ₱4,000,000 (about $63,800 / €57,000) where the zonal value works out to ₱4,500,000 (about $71,800 / €64,100), and the tax is 6% of ₱4,500,000 (about $71,800 / €64,100), which is ₱270,000 (about $4,310 / €3,850), not the ₱240,000 (about $3,830 / €3,420) the deed suggests. Sell at a loss and the tax is the same: what you paid for the property years ago does not enter the computation.

A capital asset, in practice, is property you hold personally and do not use in a business. Property sold by a developer or by someone in the real estate business is an ordinary asset and follows different rules, income tax and possibly VAT, which is why this guide speaks to individual owners. A transfer by inheritance or donation is not a sale: it falls under estate tax or donor's tax, as our comparison of donation, sale and inheritance sets out.

The 30 day deadline, and who pays

The seller files the Capital Gains Tax Return, BIR Form 1706, and pays within 30 days from the date of the sale. The return goes to the BIR office that covers the property's location, with the notarized deed and the supporting documents. Miss the deadline and a surcharge and interest are added, and nothing else in the transfer can move: the BIR's certificate authorizing registration, which the Registry of Deeds needs before it will issue a title to the buyer, is released only after the taxes are paid. The sequence is laid out in our guide on how to transfer a land title.

By custom the seller pays capital gains tax and the buyer pays documentary stamp tax at 1.5%, the local transfer tax and registration. Custom is not law, and sellers often quote a price "net of taxes" that shifts the 6% to the buyer, so settle the split in the contract. The full list of who usually pays what is in our guide to closing costs.

The principal residence exemption

Section 24(D)(2) exempts a natural person who sells a principal residence and fully uses the proceeds to buy or build a new principal residence within 18 calendar months from the sale. The details are in Revenue Regulations 13-99, issued on July 26, 1999, as amended by Revenue Regulations 14-2000, and they are stricter than the one line summary sellers usually hear.

The principal residence is the dwelling house, with the land it stands on, where the owner actually lives and intends to return. The address on the seller's latest income tax return is treated as the proof of residence, with a barangay certification as backup. Where a home is co-owned, only the co-owners who actually live in it can claim the exemption, each for their share.

The seller still files Form 1706 within 30 days, together with a sworn declaration of the intention to use the proceeds for a new principal residence. The 6% is not simply waived at that point. It is deposited in an interest bearing escrow account with an authorized agent bank, and it is released to the seller only when the revenue district office certifies that the proceeds were used as declared. Within 30 days after the 18 months, the seller submits the proof: the deed for the new home, or the building permit and the architect's or engineer's certification for a house under construction.

Two limits apply. The exemption can be used only once every ten years. And the historical cost of the old home carries over as the cost basis of the new one.

When only part of the money is reinvested

If the seller spends less than the full proceeds on the new residence, the unused portion is taxed. The regulations give the formula: the unutilized amount divided by the gross selling price, multiplied by the tax base, multiplied by 6%.

Take a house sold for ₱5,000,000 (about $79,800 / €71,200), a price above its official values. The seller buys a smaller home for ₱4,000,000 (about $63,800 / €57,000). The unused ₱1,000,000 (about $16,000 / €14,200) is one fifth of the price, so one fifth of the tax is due: ₱5,000,000 (about $79,800 / €71,200) times 6% is ₱300,000 (about $4,790 / €4,270), and one fifth of that is ₱60,000 (about $957 / €854). The rest of the escrow comes back. If the seller buys nothing within 18 months, the whole ₱300,000 (about $4,790 / €4,270) is due, with a surcharge and interest on top.

Before you set the price

Check the zonal value and the tax declaration first, since either can raise the base above your price. Our property valuation tool gives a market range to compare against. Decide who pays the 6% and write it into the deed. Never understate the price in the deed: the tax follows the higher official value anyway, and the buyer is left with a document that misstates what was paid. If the home is your principal residence and you plan to buy another, prepare the sworn declaration and the escrow before the sale, not after, because the 30 days start on the date of the sale.

The 6% is the largest part of what selling costs, which our seller's guide to costs and process puts at 9% to 11% of the price once a broker's commission is included, so price accordingly. When you are ready, you can list the property directly.

This article is general information, not tax advice. Rates and procedures are those in the Tax Code and the cited regulations as we read them in October 2026; confirm your case with the BIR district office or a tax professional before you sell.

Dollar and euro figures are approximate conversions at ₱62.7 per US dollar and ₱70.2 per euro (ECB reference rates, 2026-10-05).

Frequently asked questions

How much is capital gains tax on the sale of property in the Philippines?

It is a final tax of 6% on the gross selling price or the fair market value, whichever is higher, and the fair market value is the higher of the BIR zonal value and the assessor's market value. On a lot sold for ₱4,000,000 (about $63,800 / €57,000) with a zonal value of ₱4,500,000 (about $71,800 / €64,100), the tax is 6% of ₱4,500,000 (about $71,800 / €64,100), or ₱270,000 (about $4,310 / €3,850). It applies to property held as a capital asset, meaning not used in business.

Do I pay capital gains tax if I sell my property at a loss?

Yes. Despite its name, the tax is not computed on profit. The law presumes a gain on every sale of real property classified as a capital asset and charges 6% on the selling price or the official value, whichever is higher. What you originally paid for the property, and what you spent improving it, are not deducted.

When is capital gains tax due and who pays it?

The seller files BIR Form 1706 and pays within 30 days from the date of the sale. By custom the seller pays capital gains tax and the buyer pays documentary stamp tax, transfer tax and registration, but the parties can agree otherwise in the contract. The BIR will not release the certificate needed to transfer the title until the tax is paid.

How does the principal residence exemption from capital gains tax work?

A person who sells a principal residence is exempt if the full proceeds are used to buy or build a new principal residence within 18 calendar months. The seller files Form 1706 with a sworn declaration within 30 days, deposits the 6% in escrow with an authorized agent bank, and gets it back once the BIR certifies the proceeds were used as declared. It can be used once every ten years, and any unused part of the proceeds is taxed in proportion.

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