Wednesday, September 12, 2012
In real estate practice, one must familiarize himself of the forms that are being used. Here are some, but not limited to the following A) For the Assessor's Office AFFIDAVIT OF TOTAL LANDHOLDINGS-TO GET CERTIFICATE OF TOTAL LANDHOLDINGS 1. Affidavit of total landholdings-This form is usually a requirement when one files returns with the BIR for the estate of the deceased persons. This form shows also the extent of total landholdings for "agricultural properties" which is also a requirement to be secured by the Seller and the Buyer to determine that their respective agricultural landhondings is not more than 5 hectares AFFIDAVIT OF NO IMPROVEMENTS-TO GET CERTIFICATE OF NO IMPROVEMENTS 2. Affidavit of No IMPROVEMENTS-THIS IS A REQUIREMENT BY THE BIR FOR THE PURPOSE OF ASCERTAINING THAT THE PROPERTY SUBJECT OF TRANSFER, EXCHANGE,ETC HAS NO IMPROVEMENT. BEFORE THE IMPROVEMENTS (BUILDING) AND LAND ARE ASSESSED UNDER ONE TAX DECLARATION. That land is located infront of the tax declaration form and the improvement, building, etc. at the other side. However,the form was now changed. Buildings are now assessed separately, from "Land" which makes it mandatory for the BIR to require the the Assessor's Office, a certification attesting that the land that is subject to disposal has no building or other improvement over it over it. B) For the DAR The affidavit of Total landholdings above discussed can also be used, but, it must contain the following informations: 1. (For the Seller) Affidavit of total LANDHOLDINGS, attesting to the fact that the land subject of disposal is the retention area or part of the retention area of the Seller. It also includes information that this property subject of Sale is not tenanted. 2. Buyer-That his total agricultural land (already titled in his name) and including the property that the Buyer is intending to buy, is not more than 5 hectares.