How to Transfer a Land Title to a Family Member (Philippines)
- DP Law
- 6 days ago
- 3 min read
Updated: 4 days ago
Transferring a land title to a family member in the Philippines is often done as part of estate planning, property gifting, or preparing for inheritance.
Whether you’re transferring property to a child, sibling, or spouse, understanding the legal process helps avoid future complications. Here’s a step-by-step guide to help you navigate the transfer of land title to a family member in the Philippines.
1. Understand the Legal Basis of Donation
In Philippine law, a property can be transferred to a relative without payment through a donation, as governed by the Civil Code of the Philippines. When the transfer happens during the lifetime of the donor, it's called an inter vivos donation.
This type of transfer is formalized with a notarized deed of donation and is subject to donor’s tax, depending on the relationship between donor and donee.
2. Prepare the Notarized Deed of Donation
The deed of donation is the key legal document for this process.
It must contain:
Full names and addresses of both donor (giver) and donee (recipient)
A full description of the property (with lot/block info)
Clear declaration of intent to donate
Acceptance clause by the donee
Notarization by a licensed notary public
Tip: If the donee is a minor, the donation should be accepted by the child’s legal guardian.
3. Secure Certified True Copies of Property Documents
You’ll need to gather and prepare the following:
Certified True Copy of the land title (from the Registry of Deeds)
Tax Declaration (from the Assessor’s Office)
Valid government IDs of both donor and donee
Proof of family relationship (e.g., birth certificates)
This documentation supports the legitimacy of the family transfer of ownership.
4. Pay the Donor’s Tax
Under the TRAIN Law, which took effect on January 1, 2018, the donor’s tax system was simplified to a single-tier structure:
Exemption Threshold: Donations worth ₱250,000 or less per calendar year are exempt from donor’s tax.
Flat Tax Rate for Excess: The amount exceeding ₱250,000 is subject to a flat 6% donor’s tax, regardless of the relationship between donor and donee.
• The donor’s tax must be filed and paid within 30 days from the execution or notarization of the Deed of Donation.
• Late payment results in surcharges, interest, and compromise penalties.
Pro Tip: Avoid notarizing donation documents at the end of the month, as this may shorten your time to comply with the BIR deadline due to monthly filing cutoffs.
5. Pay the Transfer Tax at the Local Treasurer’s Office
Bring the CAR and Deed of Donation to the City or Municipal Treasurer’s Office. Pay the transfer tax, which is a small percentage of the property’s zonal value or assessed value.
Get the Transfer Tax Receipt, which you’ll need for title registration.
6. Submit Documents to the Registry of Deeds
With the tax clearances and notarized deed in hand, proceed to the Registry of Deeds.
Submit:
CAR from BIR
Transfer Tax Receipt
Notarized Deed of Donation
Certified True Copy of Title
Valid IDs
Proof of relationship
After verification, the Registry will issue a new land title under the donee’s name.
7. Update the Tax Declaration
Once the new title is released, go to the Assessor’s Office to update the Tax Declaration to reflect the name of the new owner.
This ensures that future real property taxes are billed correctly and the new ownership is recognized in local government records.
Why Use a Deed of Donation (vs. a Sale)?
Tax savings
No need for buyer-seller transaction
Faster and simpler process
Preserves family relationships (especially for inheritance planning)
Final Reminders to transfer a land title to a family member
Donations must be made freely and voluntarily
A notarized deed is mandatory
File all BIR paperwork within 30 days of execution
Consider professional help if the land is untitled or under dispute
Work with DP Law for a Smooth Donation Process
Transferring property to a family member is a thoughtful and generous act—but one that still involves critical legal steps. At DP Law, we help families with donation drafting, BIR compliance, and full title transfer services.
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