Maybe Someone here can give me some information on capital gains in the Philippines. So my wife and I paid 10 million pesos initially for our 3 bedroom ocean front house in Argao (S Cebu). That was five years ago. Two years ago, we spent 3 million pesos to repair the damage caused by hurricane Odette. We also spent another 2 million pesos in upgrades, 1 million pesos in furnishings and 1 million pesos for a solar system including upgrades to the roof. We plan on selling the house in another 5 to 10 years and anticipate getting anywhere from 17 to 21,000,000 pesos for it at that time. When we sell it, can we deduct the money we spent on damages and upgrades including the solar package from any capital gains? - @Morgacj200424
As we have understood it, "capital gains" here for real estate for tax purposes is totally different than it is in the US. Here it is very strange; at least in Negros Oriental and Siquijor provinces, the attorney will draft and notarize 2 different deeds of sale. There will be the real one for say, 20M and then there will be one for tax purposes, usually about half or 10M. This apparently is customary, not illegal. Your capital gains tax in this case has nothing to do with a cost basis of what you paid initially and for improvements and losses against selling price like they do in the US. It is simply 6% of the selling price, period, in this case .06*10M pesos or 600K php. Also, it is customary to negotiate which party pays the CG tax, either buyer or seller. In one of our experiences there was a slight deviation to this. For our lot, BIR apparently thought that, based on the lot location, 50% of the selling price was still too low to be used as a base for taxes and they gave us a higher tax bill than 6% of the 50%, I guess basing it on recent sales. I cannot say for sure if this same CG procedure is used in Cebu province; do you remember how it was computed when you initially bought the Argao property?
Importantly, when you sell, in addition to Phils "capital gains" you will have US capital gains. Everything will have to be computed manually for IRS as you will not receive the various irs forms that occur in the US during real estate sales. In that case I had to closely follow instructions and figure my US CG from formulas that included pension income, taxable SS income, cost basis (amount paid for land), amount sold, currency conversion to dollars at buying and selling rates (treasury has a publication for this) and when the final bill is computed, you subtract what you paid to Phils BIR.
Now, in the event of a tax audit, good luck in explaining to the IRS auditor how you have 2 notarized deeds of sale with different selling prices, especially when you research on Google it and it only mentions the 6% *of what was paid* no 50% anywhere. I just kept all official records knowing that they should be happy knowing that the 50% deed of sale actually reduces the foreign tax credit you are deducting from the US CG tax amount.
I gave a little more info than you asked for haha but hope you can see the complexities.