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Publication Detail
TRJ 2005 Vol XVII No 4: Study on the Tax Avoidance and Evasion Schemes on the Transfer of Real Properties

The study presents the different modes of transferring real properties and their respective tax treatment and identifies tax avoidance and evasion schemes employed by taxpayers and recommends measures to address these problems and possible ways to make the system more equitable. The study enumerates various tax avoidance and evasion schemes taxpayers employ to minimize the internal revenue taxes imposed on the transfer of real properties. Tax avoidance schemes involve splitting of gifts, simulation of transactions, donation to a foundation, creation of irrevocable trusts, application of lower creditable withholding tax, formation of a joint venture and transfer to a corporation. On the other hand, tax evasion schemes involve reduction of the tax base, non-filing of tax returns, bribery or connivance with concerned officials and other fraudulent means. Also, several factors give rise to tax evasion schemes such as the differences in the tax rates, bases, and structures of the capital gains tax, donor�s tax, and estate tax. In this regard, the study recommends the implementation of the following measures: ■ Application of a National Transfer Tax in lieu of the capital gains tax, donor�s tax, and estate tax. ■ Adoption of a single tax base in the computation of all taxes relating to the transfer of real properties. ■ Implementation of an effective audit of tax returns, and the stricter and speedier prosecution of offenses under the National Internal Revenue Code by the BIR in coordination with other concerned government agencies.

National Tax Research Center
Authors Keywords
National Tax Research Center; real property tax; tax evasion;
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