Sep 18, 2026 · by BalayHub Admin · 7 min read

Deed of Donation vs Sale vs Inheritance: Passing On Property

Deed of donation vs sale vs inheritance: donor's tax 6% above ₱250,000, capital gains 6%, estate tax with a ₱5M deduction, on the same ₱3M lot.

Deed of Donation vs Sale vs Inheritance: Passing On Property

Parents who own a house or a lot in the Philippines eventually face the same decision, and OFW families face it from a distance: hand the property to the children now, sell it to them, or let it pass through the estate. The choice between a deed of donation vs sale vs inheritance is mostly a tax question with a family question hiding inside it. All three routes are taxed at a headline 6%, but on different bases, with different exemptions and at different moments, and the cheapest one on paper is not always the one that keeps the peace. This guide sets out what each route costs on the same property, what the law requires for each, and the traps that undo them.

Donation: a gift with formal requirements

A donation of real property is valid only if it is made in a public instrument, meaning a notarized deed that describes the property and any conditions attached, and only if the recipient accepts it, in the same deed or in a separate notarized document of which the donor is notified while still alive. This is Article 749 of the Civil Code, and courts apply it strictly: a handwritten note or a verbal promise to give the house to a child transfers nothing.

The tax is the donor's tax. Under the TRAIN law, Republic Act 10963, it is a flat 6% of the total gifts made in a calendar year in excess of ₱250,000 (about $3,980 / €3,470), with no discount for giving to your own children. The base is the fair market value of the property, taken as the higher of the BIR zonal value and the assessor's value, not whatever number the family writes in the deed. The return is due within 30 days of the donation. Donations are not subject to capital gains tax, since nothing is sold, but documentary stamp tax of 1.5% applies, along with the local transfer tax of about 0.5% to 0.75% and the registration fees, and the Registry of Deeds will not issue the new title without the BIR's Certificate Authorizing Registration.

A donor can keep living in the house. The deed can reserve the usufruct, the right to use and enjoy the property for life, while the children receive the bare ownership now. That single clause is what makes donation workable for most parents.

Sale: the same 6%, on a different logic

A sale to a child is a sale like any other. The seller pays capital gains tax of 6% on the selling price or the fair market value, whichever is higher, and the transaction carries documentary stamp tax of 1.5%, the local transfer tax and registration, exactly as laid out in our guide to closing costs and who pays them. There is no ₱250,000 (about $3,980 / €3,470) exemption.

Families sometimes choose a sale at a token price to avoid the word donation. It does not work. The tax is computed on fair market value regardless of the price in the deed, and the tax code treats a transfer for less than adequate consideration as a gift for the difference, so an underpriced sale can attract both taxes' attention and saves neither. A genuine sale, where the child actually pays, makes sense when the parents need the money or when one child is buying out the others' future shares. As a tax device it has nothing to offer.

Inheritance: often the cheapest, always the slowest

If the parents do nothing, the property passes on death and the estate pays estate tax of 6% of the net estate. The word net matters. The law allows a standard deduction of ₱5 million (about $79,600 / €69,500), and a further deduction for the family home up to ₱10 million (about $159,000 / €139,000) of its fair market value. For a family whose main asset is a house worth a few million pesos, the taxable net estate can be zero.

What inheritance costs is time and coordination. The heirs have to settle the estate, usually through an extrajudicial settlement that every heir signs, publish it, file the estate tax return, obtain the BIR's clearance and only then transfer the title, a process our guide to inheriting property and settling an estate walks through. One heir abroad who cannot be reached, one sibling who refuses to sign, and the title stays in a dead person's name for a decade. Much of the untransferable property on the market, the kind we describe in selling inherited property, is the result.

The three routes on the same ₱3 million lot

Take a titled lot with a fair market value of ₱3 million (about $47,800 / €41,700), owned by parents who want it to end up with their children.

Donated now, the donor's tax is 6% of ₱2.75 million (about $43,800 / €38,200), the value above the ₱250,000 (about $3,980 / €3,470) exemption, or ₱165,000 (about $2,630 / €2,290). Documentary stamp tax adds ₱45,000 (about $717 / €625) and the local transfer tax ₱15,000 to ₱22,500 (about $239 to $358 / €208 to €313). Total: about ₱225,000 to ₱232,500 (about $3,580 to $3,700 / €3,130 to €3,230), plus notarial and registration fees. If the lot is conjugal property, each spouse is a donor of his or her half and each has a ₱250,000 (about $3,980 / €3,470) exemption, which brings the donor's tax down to ₱150,000 (about $2,390 / €2,080).

Sold to the children at ₱3 million (about $47,800 / €41,700), the capital gains tax is ₱180,000 (about $2,870 / €2,500), the stamp tax ₱45,000 (about $717 / €625) and the transfer tax the same ₱15,000 to ₱22,500 (about $239 to $358 / €208 to €313). Total: about ₱240,000 to ₱247,500 (about $3,820 to $3,940 / €3,330 to €3,440), and the children also need ₱3 million (about $47,800 / €41,700), or the sale is not real.

Inherited, with the lot as the main asset of an estate below the ₱5 million (about $79,600 / €69,500) standard deduction, the estate tax is zero, and the heirs pay the settlement costs, publication, the transfer tax and registration. The saving over donation is real, roughly ₱150,000 to ₱165,000 (about $2,390 to $2,630 / €2,080 to €2,290) on this example, and it is the price of the certainty that donation buys.

The limits the law puts on giving

A parent cannot give everything to one child. Compulsory heirs, the children and the surviving spouse first among them, are entitled to a reserved share of the estate called the legitime, and a donation that eats into it is inofficious: after the donor's death the other heirs can ask the court to reduce it. Donations to children are also brought back into the computation of the estate when it is divided, which lawyers call collation, so a gift made today is usually an advance on the inheritance, not an addition to it.

Donations can also be revoked, by court action, on a few grounds the Civil Code lists: the recipient's ingratitude, failure to comply with conditions in the deed, and the later birth of a child to a donor who had none. And a donation to a minor is accepted through the parents or a guardian. None of this argues against donating. It argues for a deed drafted by a lawyer who knows the whole family picture, including the siblings who are not in the room.

Which route for which family

Donate when certainty matters more than tax: a blended family, heirs who do not get along, a child who has built a house on the lot, or parents abroad who want the papers finished while they can still sign. Reserve the usufruct, and check the title first; our guide on how to check a TCT online shows how to get the Registry's copy. Let it pass by inheritance when the estate is small enough to fall under the deductions and the heirs are few, cooperative and reachable. Sell only when money really changes hands. For OFW parents, any of the three can be executed through a Special Power of Attorney, though a deed of donation signed abroad needs consular acknowledgment or an apostille.

Whatever the route, the title has to move afterwards, and the steps at the BIR, the treasurer's office and the Registry of Deeds are the ones in our guide on how to transfer a land title. To put a current number on the property before you compute any of these taxes, the property valuation tool gives a market estimate, and the zonal value comes from the BIR.

This article is general information, not legal or tax advice. Tax rates and deductions are those of the National Internal Revenue Code as amended by RA 10963; consult a lawyer and the BIR before executing any deed.

Dollar and euro figures are approximate conversions at ₱62.8 per US dollar and ₱72.0 per euro (ECB reference rates, 2026-09-18).

Frequently asked questions

How much is the tax on donating property to my children in the Philippines?

Donor's tax is a flat 6% of the total gifts in a calendar year above ₱250,000 (about $3,980 / €3,470), computed on the property's fair market value, the higher of the BIR zonal value and the assessor's value. Add documentary stamp tax of 1.5%, a local transfer tax of about 0.5% to 0.75% and registration fees. On a ₱3 million (about $47,800 / €41,700) lot that is about ₱225,000 to ₱232,500 (about $3,580 to $3,700 / €3,130 to €3,230) in all. The return is due within 30 days.

Is it cheaper to donate, sell or leave property as inheritance?

On tax alone, inheritance is often cheapest, because the estate gets a ₱5 million (about $79,600 / €69,500) standard deduction and up to ₱10 million (about $159,000 / €139,000) for the family home before the 6% estate tax applies. Donation costs 6% above ₱250,000 (about $3,980 / €3,470) and a sale 6% capital gains tax with no exemption. Inheritance is also the slowest and needs every heir's signature, so many families pay the donor's tax to settle matters while the parents are alive.

Can I sell my house to my child for ₱1 to avoid donor's tax?

No. Capital gains tax and stamp tax are computed on the fair market value whatever price the deed states, and the tax code treats a transfer for less than adequate consideration as a gift for the difference. An underpriced sale therefore saves nothing and invites questions from the BIR. Sell only when the child really pays; otherwise use a deed of donation.

Can parents keep living in a house they have donated?

Yes. The deed of donation can reserve the usufruct, the right to use and enjoy the property for life, while the children receive the bare ownership immediately. The reservation is written into the deed and annotated on the new title. It is the clause that makes donation practical for most parents, and a lawyer should draft it.

Can I donate all my property to just one child?

Not safely. The other children and the surviving spouse are compulsory heirs with a reserved share called the legitime, and a donation that cuts into it is inofficious: after your death they can ask a court to reduce it. Donations to children are also counted back into the estate when it is divided, so a gift is usually an advance on that child's inheritance.

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