REVENUE REGULATIONS NO. 3-2012 issued on February 20, 2012 prescribes the effectivity
of threshold amounts for sale of residential lot, sale of house and lot, lease of residential unit and
sale or lease of goods or properties or performance of services covered by Section 109 (P), (Q) and
(V) of the Tax Code of 1997, as amended.
The new threshold amounts specified in Revenue Regulations (RR) No. 16-2011 shall be
made effective for instrument of sale (whether the instrument is nominated as a deed of absolute
sale, deed of conditional sale or otherwise) is executed and notarized on or after January 1, 2012.
Thus, pertinent portions of Section 4.106-3 of RR No. 16-2005, as amended by RR No. 16-
2011 should properly be worded as follows:
“Section 4.106-3 Sale of Real Properties. — Sale of real properties held primarily
for sale to customers or held for lease in the ordinary course of trade or business of
the seller shall be subject to VAT.
Sale of residential lot with gross selling price exceeding P 1,919,500.00, residential
house and lot or other residential dwellings with gross selling price exceeding
P 3,199,200.00, where the instrument of sale (whether the instrument is nominated
as a deed of absolute sale, deed of conditional sale or otherwise) is executed and
notarized on or after January 1, 2012 and shall be subject to twelve percent
(12%) output VAT.
However, for instruments of sale executed and notarized on or after Nov. 1,
2005 but prior to January 1, 2012, the threshold amounts should appropriately
be P 1,500,000 and P 2,500,000 respectively, and excess thereof shall be subject
to ten percent (10%) output VAT, and starting Feb. 1, 2006, to twelve percent
(12%) output VAT.
x x x x x x x x x ”
Moreover, Sections 4.109.-1 (B)(1), (p)(4) of RR No. 16-2005, as amended by RR No. 16-
2011 should properly be worded as follows:
“(p) The following sales of real properties are exempt from VAT, namely:
(4) Sale of residential lot valued at One Million Nine Hundred Nineteen
Thousand Five Hundred Pesos (P 1,919,500.00) and below, or house & lot
and other residential dwellings valued at Three Million One Hundred NinetyNine Thousand Two Hundred Pesos (P 3,199,200.00) and below where the
instrument of sale/transfer/ disposition was executed and notarized on or
after January 1, 2012;
However, for instruments executed and notarized on or after Nov. 1,
2005 but prior to January 1, 2012, the threshold amounts should
appropriately be P 1,500,000 and P 2,500,000 respectively.
Provided, That every three (3) years thereafter, the amounts stated herein
shall be adjusted to its present value using the Consumer Price Index, as
published by the National Statistics Office (NSO); Provided, further, that
such adjustment shall be published through revenue regulations to be issued
not later than March 31 of each year;
x x x x x x x x x ”
This Revenue Regulations shall take effect starting January 1, 2012.