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Biyernes, Hunyo 22, 2012

BIR Ruling 145-98


Facts:
A lot was registered in the name of the Posadas spouses (jointly titled in their names). Juan Posadas (husband) died in an aircraft accident and an agreement was executed by Maria Elena Posadas (wife) that the designated lots shall be exclusively registered in the name of one party only in exchange for the exclusive co-ownership of other lots by the other co-owner. Maria Elena, who was assigned the property, sold the lot to Noel Espina where title to the property should be transferred in his name upon payment of the appropriate taxes.

Issue:
Whether the transaction of Elena and Noel is exempt from capital gains tax.

Held:
The agreement executed by Elena and the administratrix of Juan Posadas in effect partitioned the properties transferring the co-ownership by designating the said properties to each of the said owners. Also, the transfer of title from the co-owners is not a barter, exchange or disposition of realty that would warrant the imposition of capital gains tax.
The dissolution of the co-ownership is not subject to capital gains tax however, that portion of the properties belonging to the deceased owner (in this case Juan) shall be subject to estate tax.

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