Long Term Lease Of House And Lot To Foreigner

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RBM
Posted
Posted

 

but I know BIR demand TENNANTS to handle paying of the LANDLORD'S Tax to BIR for renting !!!  

 

Has anyone on this forum who has rented a place to live in the Philippines ever had to pay the LANDORD'S Tax to BIR???

 

I for one have not and I highly doubt anyone else had to either.

 

 

 

Normally these situations will plod along without problems.

 

How ever if the proverbial S....H the fan later down the line trouble eventuates. In other words if the relationship turns sour for what ever reason all sorts of laws can suddenly pop up from different attorneys having different interpretation. At the least this will cause a lot of expensive headaches.

 

The attorneys which gave me this advice are respected and according to other expats are reputable. I decided to heed this advice.

 

I agree with DH going to the department would get one no where, just another interpretation. perhaps if one was able to speak to a head guy there one may get an opinion. 

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earthdome
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Posted

 

 

but I know BIR demand TENNANTS to handle paying of the LANDLORD'S Tax to BIR for renting !!!  

 

Has anyone on this forum who has rented a place to live in the Philippines ever had to pay the LANDORD'S Tax to BIR???

 

I for one have not and I highly doubt anyone else had to either.

 

 

 

Normally these situations will plod along without problems.

 

How ever if the proverbial S....H the fan later down the line trouble eventuates. In other words if the relationship turns sour for what ever reason all sorts of laws can suddenly pop up from different attorneys having different interpretation. At the least this will cause a lot of expensive headaches.

 

The attorneys which gave me this advice are respected and according to other expats are reputable. I decided to heed this advice.

 

I agree with DH going to the department would get one no where, just another interpretation. perhaps if one was able to speak to a head guy there one may get an opinion. 

 

 

Your original post was regarding a lease, where there very well may be a requirement as part of the lease to pay the tax. What I was quoting was Thomas saying that renter's have to pay the landlords BIR tax.

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Dave Hounddriver
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Has anyone on this forum who has rented a place to live in the Philippines ever had to pay the LANDORD'S Tax to BIR???

 

I agree with you in regards to residential tenants.

 

I am not as sure with commercial tenants as Mr Google shows some instances where commercial tenants are required to get an approved BIR receipt.  The commercial tenants may be the ones that Thomas 'knows' about.  

 

Example: ftp://ftp.bir.gov.ph/webadmin1/pdf/75601RR%2016-2013.pdf

Section 3 A 2 requires a commercial leaser to deduct and withhold 5% and send it to the BIR.

 

I just give this as an example of how complicated this can get.  A tax and real estate attorney would be the best option for anyone spending a lot of money on a long term lease, IMHO

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Thomas
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but I know BIR demand TENNANTS to handle paying of the LANDLORD'S Tax to BIR for renting !!!  

 

Has anyone on this forum who has rented a place to live in the Philippines ever had to pay the LANDORD'S Tax to BIR???

 

I for one have not and I highly doubt anyone else had to either.

As usual I'm talking about what the LAWS say.

If the laws are FOLLOWED is an OTHER question...  :lol:   

(Of course it's no problem not following this law IF the landlord pay the tax anyway, or IF BIR don't notice/don't bother.)

 

((Some of you have said I'm wrong in some other topics even when what I told are SURE corect!!! Concerning THIS topic I'm only 77.3 % sure :mocking:    because this will not concern me any much, so I did read it just roughly, while some other things will have much biger effect at my situation so I did read THEM proper. E g the Anti-Dummy law concerning which I claim several lawyers bill for a common ILLEGAL "solution" they make using Dummies to get around the Anti-Dummy law!!!))

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earthdome
Posted
Posted

 

 

but I know BIR demand TENNANTS to handle paying of the LANDLORD'S Tax to BIR for renting !!!  

 

Has anyone on this forum who has rented a place to live in the Philippines ever had to pay the LANDORD'S Tax to BIR???

 

I for one have not and I highly doubt anyone else had to either.

As usual I'm talking about what the LAWS say.

If the laws are FOLLOWED is an OTHER question...  :lol:   

(Of course it's no problem not following this law IF the landlord pay the tax anyway, or IF BIR don't notice/don't bother.)

 

((Some of you have said I'm wrong in some other topics even when what I told are SURE corect!!! Concerning THIS topic I'm only 77.3 % sure :mocking:    because this will not concern me any much, so I did read it just roughly, while some other things will have much biger effect at my situation so I did read THEM proper. E g the Anti-Dummy law concerning which I claim several lawyers bill for a common ILLEGAL "solution" they make using Dummies to get around the Anti-Dummy law!!!))

 

 

Thomas,

 

The issue I have is that your constant quoting of law misleads people of what the situation really is. What the law says and what life really is like in the Philippines are two totally different things.

 

This is not a forum for Philippines Expat Lawyers to debate arcane area's of Philippine laws that are rarely if ever enforced. It is a forum for mostly older retired expats living in (mostly not working) or planning to move to the Philippines.

 

Your statement that renters have to go pay the BIR taxes for the landlord is one of those. No basis in reality on the ground in the Philippines but could lead some newbie reading this forum in the Philippines to waste their time going down to the BIR office.

 

Have fun quoting the laws to filipino's once you start living in the Philippines.

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Dave Hounddriver
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The issue I have is that your constant quoting of law misleads people of what the situation really is.

 

I have the same issue.  I have noticed 2 distinct types of expats who visit or live here.  First are the kind who say "I know my rights and I know the laws" and spend their lives fighting the system (and sometimes winning) and second are the kind who say "Its better to go a long to get along" and that latter kind seem to live happier lives here.

 

Thus I have to trust that new readers to the forum will figure out which personality type is making the post and consider that source before following any advice.

 

Its great that we have both kinds here and yet we can (usually  :hystery:  ) all get along.

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Thomas
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The issue I have is that your constant quoting of law misleads people of what the situation really is. What the law says and what life really is like in the Philippines are two totally different things.
Which is most missleading:

1. Me telling what's legal UNDEPENDING of anyone bother to catch you if you break it?

2. Them who say I'm wrong, although I'm right...?  :mocking:

I have the same issue. I have noticed 2 distinct types of expats who visit or live here. First are the kind who say "I know my rights and I know the laws" and spend their lives fighting the system (and sometimes winning) and second are the kind who say "Its better to go a long to get along" and that latter kind seem to live happier lives here.
That's NOT same as some of the situations some have said I'm wrong, when I say something is ILlegal for the FOREIGNER to do, and by that giving scamers EXTRA weapons...

How come you and some others don't understand it's extra STUPID for foreigners to BREAK laws?  

As well as making it UNNECSARY EASY for scamers to just TAKE your assets LEGALY by the foreigner have put assets in girlfriend's/wife's/business parter's name?

 

But it's ok for me if you want to be stupid if you want...  :mocking:      

but I will go on telling when someone tell wrong about the laws, because otherwice READERS can be fooled by your WRONG telling...

 

Your pink text is FALSE. at least in many cases. Them, who have been UNNECESARY EASY SCAMED at their assets by doing OTHER than I recomend, don't seem happy...  :mocking:     

But we don't hear them as much in Phil forums, I guess because many of them LEAVE Phils and Phil forums much disapointed. And e g a Brit became so much scamed by his wife, he has problem affording surviving living in a shed, so I guess he has problem affording Internet...

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Dave Hounddriver
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READERS can be fooled by your WRONG telling...

 

We shall leave that up to the readers.  As I said before:

 

readers to the forum will figure out which personality type is making the post
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Jack Peterson
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Them, who have been UNNECESARY EASY SCAMED at their assets by doing OTHER than I recomend, don't seem happy..

 

Well my friend, I sit and Wonder why, you would even entertain coming to live in the Philippines & taking a Filipina as your wife if you Honestly think every one from the Government, down to the man on the Street is out to scam You.

 

Jack :tiphat:

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Thomas
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Them, who have been UNNECESARY EASY SCAMED at their assets by doing OTHER than I recomend, don't seem happy..

 

Well my friend, I sit and Wonder why, you would even entertain coming to live in the Philippines & taking a Filipina as your wife if you Honestly think every one from the Government, down to the man on the Street is out to scam You.

More crap writing...

When do you mean I have said something like that?

I know a bunch of honest Filipinos. But I know there are a lot of scammers too in Phils. Don't you know that?   :mocking:

 

But as I said - if you who write against me want to be STUPID and make it UNNECESARY easy to scam YOU, that's ok  :lol: 

but I DON'T find it ok you guys tell WRONG about Laws which can FOOL Readers to take UNNECESARY risks..

 

 

READERS can be fooled by your WRONG telling...

 

We shall leave that up to the readers. 

How would they know who is right, without reading the laws themselves

/you guys, who tell FALSE   :mocking:

/or I, who tell CORECT

about what's ILlegal?

By you live there it's biger risk they believe YOU  = You FOOL them to take UNNECESARY risks...   :bash:

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