Nagpagawa ulit ngf deed of sale para maiwasan BIR tax

Gigi  Villegas
is in the Philippines

Nagpagawa kami ng deed of sale between me and my parents nung 2013. Wala pa akong utang sa bangko nun. Nagkaproblema ako dahil niloko ako ng estafa ng kakilala ko hanggang di ko na nabayaran ang mga bangko. Kaya lang nagpagawa kami uli ng deed of sale para maiwasan ang laki ng tax sa BIR, para mai-transfer na sa name ng magulang ko ang lupa dahil sila naman talaga ang may-ari nito. Pwede bang kwestiyunin ng korte yun dahil may pinadala na sa aking summon?

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Naku, Ate, you definitely have to consult a lawyer. If you have properties in your name, then those properties will be the first thing that the banks will run after. You cannot say that it really was not a sale, as it was only simulated to avoid having to pay taxes to the BIR -- that is against the law as well.

And then, if you suddenly re-sell the lot to your parents, would it not be suspicious also? Because it is clear that you are only selling it to avoid having to pay your indebtedness? Did you use the lot as your collateral for the loan? Then, any sale of it now would be in fraud of creditors.

Please do consult a lawyer before you do anything that might cause you to dig a deeper legal hole for yourself.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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