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SECTION 1.       Scope. — Pursuant to Section 245 of the National Internal Revenue Code (NIRC), as amended, in relation to Sections 19 and 20, Article V and Sections 31 and 32, Article VIII of Republic Act No. 7279, these regulations are hereby promulgated prescribing the guidelines and procedures for the availment of the tax incentives by government-owned and controlled corporations, local government units, and private sector participating in socialized housing and Community Mortgage Program.

SECTION 2.       Definition of Terms. — For purposes of these Regulations:

(a)       Act — refers to the Urban Development and Housing Act of 1992.

(b)       Affordable Cost — refers to the most reasonable price of land and shelter based on the needs and financial capability of program beneficiaries and appropriate financing schemes.

(c)        Areas for priority development — refer to those areas declared as such by existing statutes and pertinent executive issuances.

(d)       Blighted lands — refer to those areas where the structures are dilapidated, obsolete, and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area.

(e)       Community Mortgage Program (CMP) — is a mortgage financing program of the National Home Mortgage Finance Corporation (NHMFC) which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. The primary objective of the program is to assist residents of blighted areas to own the lots they occupy, or where they choose to relocate to and eventually improve their neighborhood and homes to the extent of their affordability.

(f)         Idle lands — refer to non-agricultural lands in urban and urbanizable areas on which no improvements, as herein defined, have been made by the owner, as certified by the city, municipality, or provincial assessor.

(g)       Improvements — refer to all types of buildings and residential units, walls, fences, structures, or constructions of all kinds of a fixed character or which are adhered to the soil, but shall not include trees, plants, and growing fruits, and other fixtures that are mere superimpositions on the land, and the value of improvements shall not be less than fifty percent (50%) of the assessed value of the property.

(h)        Joint Venture — refers to the commitment or agreement by two (2) or more persons to carry out a specific or single business enterprise for their mutual benefit, for which purpose they combine their funds, land resources, facilities, and services.

(i)         Land assembly or consolidation — refers to the acquisition of lots of varying ownership through purchase or expropriation for the purpose of planned and rational development and socialized housing programs without individual property boundary restrictions.

(j)         Land banking — refers to the acquisition of land at values based on existing use in advance of actual need to promote planned development and socialized housing program.

(k)        Land swapping — refers to the process of land acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a government or quasi-government corporation whose book value is of equal value to the land being exchanged, for the purpose of planned and rational development and provision for socialized housing where land values are determined based on land classification, market value, and assessed value taken from existing tax declarations: Provided, That more valuable lands owned by private persons may be exchanged with less valuable lands to carry out the objectives of the Act.

(l)         On-site development — refers to the process of upgrading and rehabilitation of blighted and slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services as provided for in Section 21 of the Act.

(m)      Private sector/project contractor — shall refer to persons, natural or juridical participating in socialized housing or Community Mortgage Program as provided for in the Act; or are engaging in the services of the developing sites, slums improvement, or resettlement areas, and/or construction and sale of socialized housing units.

(n)        Professional squatters — refer to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased, or transferred the same to settle illegally in the same place or in another urban area, and non bonafide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.

(o)       Raw lands — refer to any alienable public or private land that is undeveloped or unimproved and that is suitable for socialized housing.

(p)       Socialized housing — refers to housing programs and projects covering houses and lots or homelots only undertaken by the government or other private sector for the underprivileged and homeless citizens, which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of this Act.

A socialized housing unit shall not exceed P150,000 for a house and lot package, subject to periodic adjustment or increase as the Housing and Land Use Regulatory Board (HLURB) may effect from time to time: Provided, that in the case of sale of homelot only, the price thereof shall not exceed forty percent (40%) of the maximum limit prescribed for the house and lot package.

(q)       Squatting syndicates — refer to groups of persons engaged in the business of squatter housing for profit or gain.

(r)        Underprivileged and homeless citizens — refer to the beneficiaries of the Act and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic Development Authority (NEDA) and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure.

(s)        Urban areas — refer to all cities regardless of their population density and to municipalities with a population density of at least five hundred (500) persons per square kilometer.

(t)         Urbanizable areas — refer to sites and lands which, considering present characteristics and prevailing conditions, display marked and great potential of becoming urban areas within the period of five (5) years.

(u)        Zonal Improvement Program (ZIP) — refers to the program of the National Housing Authority (NHA) of upgrading and improving blighted squatter areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances.

SECTION 3.       A. Coverage. — Land Areas — The Urban Development and Housing Program referred to as the PROGRAM shall cover all lands in the urban and urbanizable areas, including existing areas for priority development, zonal improvement sites, slum improvement and resettlement sites and in other areas that may be identified by the local government units as suitable for socialized housing.

B. EXCLUSIONS. — The following lands shall be exempt/excluded from the coverage of the Act:

(a)       Those included in the coverage of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law;

(b)       Those actually used for national defense and security of the State;

(c)        Those used, reserved, or otherwise set aside for government offices, facilities, and other installations, whether owned by the National Government, its agencies and instrumentalities, including government-owned or controlled corporations (GOCC's), or by the Local Government Units (LGUs): Provided, however, That the lands herein mentioned, or portions thereof which have not been used for the purpose for which they have been reserved or set aside for the last ten (10) years from the effectivity of the Act, shall be covered by said Act;

(d)       Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection, as determined and certified to by the proper government agency; and

(e)       Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.

The exemptions herein provided shall not apply when the use or purpose of the above-mentioned lands has ceased to exist.

SECTION 4.       Tax Incentives.

A.        NATIONAL HOUSING AUTHORITY (NHA). — The NHA being the primary government agency in charge of providing housing for the underprivileged and homeless citizens shall be exempted from the payment of all fees and charges of any kind, whether local or national, such as income and realty taxes. All documents or contracts executed by and in favor of the NHA shall be exempt from documentary stamp tax and registration fees, including fees required for the issuance of transfer certificates of titles.

1.         The exemption of the NHA from national taxes shall refer to the following:

(a)     Ordinary corporate income tax and creditable expanded withholding tax on the gain realized from the sale, exchange or other disposition of real properties under the socialized housing program as provided in the Act; and

(b)     Documentary stamp tax on sales transactions executed by and in favor of the NHA in connection with socialized housing project.

PROVIDED, however, that in the case of foreclosure sale of real properly mortgaged to NHA by qualified beneficiaries of socialized housing, NHA, as statutory seller shall be liable to the payment of capital gains tax and documentary stamp tax otherwise due from the mortgagor-debtor: Provided further, that if the latter redeems the property within the one-year redemption period, the amount of tax paid by NHA may be collected from the mortgagor-debtor.

2.         NHA shall not be exempt from the following:

(a)     20% final withholding tax on interest from Philippine currency bank deposits, yield, or any other monetary benefits from deposit substitutes, trust funds, and similar arrangements and royalties derived from sources within the Philippines;

(b)     Income tax on gains derived from dealings in property and shares of stock and such other income not directly related to socialized housing; and

(c)     As another employer and withholding agent of the Government, it shall deduct and withhold the corresponding income tax from the compensation income of its employees; or if it makes income payment to individuals or corporations subject to the expanded withholding tax provided for in Section 50 (b) of the National Internal Revenue Code (NIRC) as amended, and as implemented by Revenue Regulations No. 6-85, as amended.

B.        Private Sector Participating in Socialized Housing. — To encourage greater private sector participation in socialized housing and further reduce the cost of housing units for the benefit of the underprivileged and homeless citizens, the private sector shall be exempt from payment of the following national internal revenue taxes:

(a)     Project-related corporate or individual income taxes on income directly realized from the development and/or improvement of socialized housing sites, slum areas, resettlement areas, and/or construction and sale of socialized housing units to qualified beneficiaries as approved by the HLURB or LGU concerned: Provided, that the sale or any disposition of lot-and/or house and lot packages beyond the maximum amount prescribed in these regulations due to corner and irregular lots shall not affect the nature of the project as a socialized housing project in its totality; Provided, further, That the sale of a unit above the maximum amount shall be subject to the corresponding internal revenue taxes.

A buyer of a socialized housing unit shall be required by the developer/owner/seller to execute a sworn statement that he is eligible as a socialized housing beneficiary under the Act.

Exemption from project-related income tax of a contractor/developer/owner or seller of socialized housing shall be issued by the BIR on a per project basis. Separate books of account shall be kept by the contractor/developer/owner or seller of socialized housing units at the maximum selling price of P150,000.00 or such adjusted amount as may later on be determined by the HLURB.

(b)     Capital gains tax on sale of raw lands for use in socialized housing project;

(c)     Value-added tax for the project contractor/developer/seller or owner of socialized housing;

(d)     Donor's tax for lands certified by the proper LGU to have been donated for socialized housing purposes: Provided, that upon application for exemption from the donor's tax, an annotation at the back of the TCT that the land shall be used for socialized housing shall be made by the Register of Deeds concerned.

C.        Participants in Community Mortgage Program (CMP) shall be granted the following privileges or incentives:

(a)     Government-owned or controlled corporations and local government units may dispose of their idle lands suitable for socialized housing under the CMP through negotiated sale at prices based on acquisition cost plus financial carrying costs;

(b)     Properties sold under the CMP shall be exempt from the capital gains tax and expanded withholding tax if sold by an individual, estate, or trust, or the ordinary corporate income tax and expanded withholding tax if sold by a corporation.  However, the documentary stamp tax shall be paid on every sale of property under the CMP based on the actual consideration of sale stated in the document.

D.        Occupants of areas for priority development, zonal improvement program sites, and slum improvement and resettlement program sites, shall be entitled to priority in all government projects initiated pursuant to the Act. They shall be exempt from the payment of documentary stamp tax, registration fees, and other fees for the issuance of transfer certificate of titles.

SECTION 5.       Requirements/Conditions for the Availment of Tax Incentives/Exemptions.

A.        To qualify for socialized housing program, a beneficiary

(a)     must be a Filipino citizen;

(b)     must be an underprivileged and homeless citizen, as defined in Section 3(t) of the Act and Section 2(r) of these Regulations;

(c)     must not own any real property, whether in the urban or rural areas; and

(d)     must not be a professional squatter or a member of squatting syndicates.

B.        A developer of a proposed subdivision project shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total subdivision area or total subdivision project cost at the option of the developer, within the same city or municipality whenever feasible and in accordance with the standards set by the HLURB under existing laws. The balanced housing development required under Section 18 of the Act may also be complied with by the developers concerned in any of the following manner:

(a)     Development of new settlement;

(b)     Slum upgrading or renewal of areas for priority development either through zonal improvement programs or slum improvement and resettlement programs;

(c)     Joint venture projects with either the local government units or any of the housing agencies; or

(d)     Participation in the community mortgage program.

C.        A written application for exemption from capital gains tax on the sale of raw land to be used for socialized housing project shall be filed with the Law Division, BIR, together with the following documents:

(a)     Duplicate original or certified true copy of the Deed of Sale;

(b)     Certified true copy of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) and/or TAX DECLARATION;

(c)     Evidence of payment of documentary stamp tax based on the actual consideration of sale stated in the document of sale;

(d)     Sworn declaration of the buyer that the raw land shall be used for socialized housing; and

(e)     Taxpayer Identification Number (TIN) of the seller and the buyer.

(f)      Within six (6) month after the issuance of tax exemption from capital gains tax or creditable expanded withholding tax, the buyer/developer of raw land shall apply with the HLURB or LGU concerned for a permit to develop the property and shall start the development of the socialized housing project within one (1) year after the approval of the development plan and issuance of permit. Otherwise, the exemption from capital gains tax or creditable expanded withholding tax becomes automatically null and void, and the buyer/developer shall be held liable for the payment of taxes that should otherwise have been paid, plus the penalties incident to late payment Provided, further, that in case of misrepresentation, an additional penalty equivalent to one hundred percent (100%) of the capital gains tax or creditable expanded withholding tax due shall be imposed and paid by the buyer/developer.

D.        A project contractor whose services are engaged for the development of a socialized housing project shall:

(a)     apply for VAT exemption with the Law Division, for every socialized housing project to be undertaken, together with a copy of the Service Contract;

(b)     be entitled to exemption from VAT for which he is directly liable;

(c)     only issue non-VAT official receipts on gross receipts from the contract of socialized housing development;

(d)     shall be liable to VAT on purchases of goods and services passed on to him as part of cost even if they are to be used for socialized housing projects.

E.        If raw lands are donated to the government or to a community association for socialized housing purposes, the donor shall apply for donor's tax exemption with the Law Division, and submit a copy of the Deed of Donation, the TCT/OCT and/or Tax Declaration, and the fair market value/zonal value of the property, subject to the following conditions:

(a)     Upon application for donor's tax exemption, the donor and the donee shall submit a joint undertaking that the donated land shall be used for socialized housing. An annotation at the back of the TCT/OCT/Tax Declaration of the land shall be caused to be made by the Register of Deeds or Municipal or City Assessor concerned, as the case may be, that the property shall be used for socialized housing; and

(b)     Within six (6) months after the issuance of the donor's tax exemption, the donee shall apply with the HLURB/LGU concerned for a permit to develop the property, and shall start the development of the socialized housing project within one (1) year from approval of the development plan and issuance of the permit. Otherwise, the donor's tax exemption becomes automatically null and void, and the donee shall be held liable for the payment of the donor's tax that should otherwise have been paid, plus the penalties incident to late payment; Provided, that in case of misrepresentation, an additional penalty equivalent to one hundred percent (100%) of the donor's tax due shall be imposed and paid by the donee.

F.         Participants in CMP shall file their written application for tax exemption with the Law Division of the BIR, together with the following documents:

(a)     Duplicate original or certified true copy of the Deed of Sale to the community association;

(b)     Certification from the National Home Mortgage Finance Corporation (NHMFC) that the said transaction is under the CMP;

(c)     Certificate of guaranty by the Home Insurance Guaranty Corporation (HIGC)/NHMFC;

(d)     Certified true copy of the Articles of Incorporation of the community association and list of members who are determined by the LGU as qualified beneficiaries of socialized housing;

(e)     Certified true copy of the TCT/OCT and/or Tax Declaration of the property sold under CMP; and

(f)      Location plan of the lot sold to the association.

An ocular inspection of the property and verification of who are the actual occupants and qualified beneficiaries under the CMP shall be conducted by the Revenue District Officer concerned and a report thereon to the Law Division, for tax exemption purposes.

Applications may be filed directly with the Revenue District Officer having jurisdiction of the place where the property is located: Provided, that after the ocular inspection of the property, the entire papers shall be forwarded to the Law Division for review and processing for tax exemption purposes.

G.        For purposes of registration of properties under the socialized housing program, the certificate of tax exemption issued by the Commissioner or his duly authorized representative shall be sufficient for purposes of securing a Certificate Authorizing Registration (CAR) or Tax Clearance Certificate (TCL) from the Revenue District Officer concerned, for presentation to the Register of Deeds concerned: Provided, that evidence of payment of documentary stamp tax due, if any, shall also be presented to the said Revenue District Officer before any transfer of title could be made to the parties concerned.

H.        The Local Government Units shall, within one (1) year from the effectivity of the Act, identify and register all qualified beneficiaries of socialized housing within their respective localities.

SECTION 6.       Bookkeeping and Reportorial Requirements. — All government units/agencies and the private sector, including project contractors participating in socialized housing and the Community Mortgage Program under the Act shall keep regular books of accounts and maintain separate and accurate records of their transactions involving development/improvement of sites, slums and resettlement areas, and services in connection with the construction and sale of socialized housing units, whether of house and lot package or homelot only, in accordance with the bookkeeping law, rules and regulations. They shall file the annual information return for transactions covered by the Socialized Housing Program, together with the duly audited financial statements on or before April 15 of the following calendar year, or on or before the fifteenth (15th) day of the fourth month following the end of the fiscal year, as the case may be.

The annual information return, and books of accounts shall be subject to verification by the Revenue District Officer concerned in accordance with existing rules and regulations, to determine compliance with the conditions set forth in these Regulations, and to collect any tax liability due thereon.

SECTION 7.       Penalty Clause. — Any violation of the provisions of these Regulations shall be subject to the applicable provisions of the Tax Code, as amended.

SECTION 8.       Repealing Clause. — The provisions of existing rules and regulations inconsistent with these Regulations are hereby amended, modified, repealed or revoked accordingly.

SECTION 9.       Effectivity. — These Regulations shall take effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation, whichever comes first.

Adopted: 4 July 1997