By: Tax and Accounting Center Philippines
Bureau of Internal Revenue issued Revenue Memorandum Circular No. 40-2014 dated 12 May 2014 entitled “Prescribing the Use of Electronic Certificate Authorizing Registration (BIR Form No. 2313-R For Transactions Involving Transfer of Real Properties and BIR Form No. 2313-P for Transactions Involving Transfers of Personal Properties”.
Under BIR Revenue Memorandum Circular No. 40-2014 (RMC 40-14), manual issuance of Certificate Authorizing Registration (CAR) in the Philippines shall be discontinued upon the rollout of Electronic Certificate Authoring Registration (eCAR) System in the Revenue District Offices (RDOs) / Large Taxpayers (LTs) / Audit Division. Hereunder are the features of the new CAR:
eCAR Philippines an accountable form
eCARs in the Philippines for BIR Form No. 2313-R For Transactions Involving Transfer of Real Properties and BIR Form No. 2313-P for Transactions Involving Transfers of Personal Properties is now treated as an accountable form of the Bureau of Internal Revenue as such its issuance is strictly monitored.
eCAR Philippines with security features
eCAR in the Philippines will be printed in security paper with enhanced security features and bar code. Contents of the eCAR would be the same information in the manual CAR in the Philippines. As clarified in RMC No. 42-2014 dated 19 May 2014, details on the body or contents may vary depending on the nature and circumstances surrounding the transactions and the applicable taxes.
eCAR Philippines for each property
Under the eCAR System in the Philippines , one eCAR covering one real property shall be issued and as such, there would be as many eCAR as there are real properties to be transferred. Each of such eCAR shall then be used by the Registry of Deeds in the Philippines for the transfer of title to such properties such as transfer certificate of title (TCT), condominium certificate of title (CCT), or original certificate of title (OCT).
With respect to eCAR for personal properties like shares of stock, one eCAR in the Philippines may be issued covering the transfer of more than one (1) personal properties. Accordingly, this shall be used by the Corporate Secretary or transfer agent of the issuing corporations share as the basis for the transfer of shares in the stock and transfer book of such issuing corporation.
Manual CAR Philippines validity
Manually issued Certificate of Registration (CAR) in the Philippines issued within one (1) year from the roll out of the eCAR in the Philippines shall remain to be valid and binding for presentation of the taxpayer to the Registry of Deeds. For the purpose, the RDO shall furnish the Registry of Deeds Philippines with a list of manually issued CAR.
eCAR Initial implementation in RR No. 1
Initially, the eCAR was rolled out last 19 May 2014 in Revenue District Offices (RDOs) under Revenue Region no. 1 – Calasio, Pangasinan. The BIR shall further announce the roll out of eCAR in the Philippines in other BIR offices and such other BIR offices will continue to issue manual CAR.
Summary
Please be guided with the above new automated system of the BIR aimed towards strengthening internal control toward data integrity. With the security features, extra effort should be exerted to see to it that the eCAR you have received is genuine to see to it that it is valid and binding for the transfer of real property with the Registry of Deeds or for transfer of shares for the Corporate Secretary or transfer agent.
References:
Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances.
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