Tuesday, August 28, 2012

Section 197 of RA 7160

BASIC FUNDAMENTALS OF REAL PROPERTY VALUATION AND TAXATIONS This is for everybody who wish to learn the fundamentals of real property valuation and taxation. Readers and visitors of this group are hereby advised to post issues and concerns that are of interest to the reading public about real estate. As we go along, and probably visiting regularly this Webpage we can get something out from it.I can assure you that in my own little way, I will be able to share what I have and give you the desired answer you wish to know. However, for some questions the answer of which is not within my capability to give, I will consult the best and available persons, with some quotes that such answer came from them Chapter 1-General Provision CHAPTER 1 - GENERAL PROVISIONS SEC. 197. Scope. - This Title shall govern the administration, appraisal, assessment, levy and collection of real property tax. This is self-explanatory-contributor SEC. 198. Fundamental Principles. - The appraisal, assessment, levy and collection of real property tax shall be guided by the following fundamental principles: (a) Real property shall be appraised at its current and fair market value; Fair market value-the highest price estimate in terms of money in which the property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser, who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. (b) Real property shall be classified for assessment purposes on the basis of its actual use; Meaning, an agricultural land bought for residential purpose should be assessed as agricultural, which is the present and actual use of the property. Under no circumstances will the assessor declare it as residential, for purposes of using said property for a loan, in order to develop the land. If there is no physical development of the agricultural property, the assessment of that property will remain as is. (c) Real property shall be assessed on the basis of a uniform classification within each local government unit; (d) The appraisal, assessment, levy and collection of real property tax shall not be let to any private person; and (e) The appraisal and assessment of real property shall be equitable.

7 comments:

  1. FAQ Reference No. 1 of July 27, 2012 With reference to a, b and c, above. Would it be possible that two lots with the same area of 600 sqm owned by taxpayer Juan De la Cruz, located in one high end subdivision in Davao City would have different: 1. Market Value 2. Assessed Value 3. Annual Property taxes 4. Loanable Value Please offer your wild guess and I will discuss after. Finding the following: Let us assume the following: 1. Schedule of Market Value(SMV) for that subdivision is Php 1,000 per sqm 2. Assessment level(AL) for Residential land is 20% 3 Tax Rate(TR) of the place where the lots are located .025 or 2 1/2 percent To compute the following: A) Market Value Formula MV= Area x SMV Computations of Regular lot 600 sqm 1,000 Php 600,000.00 For Corner lot Add 10% of MV for Regular lot or 660,000.00 B) Assessed Value Formula: AV= MV x AL (Assessment Level For Reg. Lot 600,000 times 20%=120,000 For Corner lot 660,000 times 20%=132,000.00 Annual Tax Due Formula: Tax due= AV x TR For Regular lot 120,000 times 0.025=3,000.00 For Corner lot 132,000 times 025.00=3,300.00 1. Being a corner lot, it has an edge compared to the regular lot because of the volume of traffic that is common in corner lot. 2. Even if the area of two adjacent lots are the same 600 sqm, yet the frontage are different, investment wise, the lot with a wider opening will command a higher price Your question please-I will appreciate it will be posted here, so that others will be able to share of what you are asking.

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  2. For a healthy discussion in this blog, visitors are requested to post comments/question involving issues and concerns about real estate to share with others.

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