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    Kho, Roa & Partners: Ma. Consuelo G. Paras

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    embouy
    This letter summarizes a real estate transaction between Dahilayan Forest Park Inc. and Patria Aurora B. Roa involving the sale of a condominium unit. It notes that while the deed of sale stipulated the capital gains tax would be paid by the vendor, the vendor's representative instead filed a withholding tax form. This may have legal repercussions. The letter also provides an itemized billing for legal services from Kho, Roa & Partners relating to a partition case, totaling 11,000 pesos.

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    Kho, Roa & Partners: Ma. Consuelo G. Paras

    Uploaded by

    embouy
    84 views2 pages
    This letter summarizes a real estate transaction between Dahilayan Forest Park Inc. and Patria Aurora B. Roa involving the sale of a condominium unit. It notes that while the deed of sale stipulated the capital gains tax would be paid by the vendor, the vendor's representative instead filed a withholding tax form. This may have legal repercussions. The letter also provides an itemized billing for legal services from Kho, Roa & Partners relating to a partition case, totaling 11,000 pesos.

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    This letter summarizes a real estate transaction between Dahilayan Forest Park Inc. and Patria Aurora B. Roa involving the sale of a condominium unit. It notes that while the deed of sale stipulated the capital gains tax would be paid by the vendor, the vendor's representative instead filed a withholding tax form. This may have legal repercussions. The letter also provides an itemized billing for legal services from Kho, Roa & Partners relating to a partition case, totaling 11,000 pesos.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    84 views2 pages

    Kho, Roa & Partners: Ma. Consuelo G. Paras

    Uploaded by

    embouy
    This letter summarizes a real estate transaction between Dahilayan Forest Park Inc. and Patria Aurora B. Roa involving the sale of a condominium unit. It notes that while the deed of sale stipulated the capital gains tax would be paid by the vendor, the vendor's representative instead filed a withholding tax form. This may have legal repercussions. The letter also provides an itemized billing for legal services from Kho, Roa & Partners relating to a partition case, totaling 11,000 pesos.

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    KHO, ROA & PARTNERS

    2nd Floor, Arseluz Building, #34 18th Street,


    Nazareth, 9000 Cagayan de Oro City
    Tel. Nos. (088) 856-2713; E-mail: [email protected]

    October 18, 2022

    MA. CONSUELO G. PARAS


    0-09 Mt. Diwata St., Capistrano Complex,
    Gusa, Cagayan de Oro City

    Reference Deed of Absolute Sale between Dahilayan Forest


    : Park Inc. and Patria Aurora B. Roa of a two-
    bedroom condominium unit located at 21 st Floor
    Unit 18, Centrio Tower 1, Corrales St., Brgy. 24,
    Cagayan de Oro covered by Condominium
    Certificate of Title No. 137-2019000640.

    Dear Ms. Paras:

    Good tidings and salutations! In connection with the above-entitled


    transaction which was executed on September 13, 2022, a copy of the Deed of
    Absolute Sale is hereto attached as Annex “A”, a pertinent provision of the
    aforesaid contract stated that, “Parties agree that the Capital Gains Tax,
    Documentary Stamp Tax shall be for the VENDOR’S (Dahilayan Forest Park Inc.)
    account, while Transfer Fees, Registration Fees, and Broker’s Fee shall be for the
    account of the VENDEE (Patria Aurora B. Roa).

    However, upon assessment by the City Assessor’s Office for the


    computation of the Transfer Fee, a Tax on Sale of Real Property was computed
    on the amount of NINETY-SIX THOUSAND PESOS (₱96,000.00) Philippine
    Currency. Careful scrutiny of the tax returns that were computed and paid by the
    Dahilayan’s Corporate Treasurer and authorized representative, Jenina Louise P.
    Legarda shows that instead of paying the CAPITAL GAINS TAX which utilizes
    BIR form 1706 as stipulated under the Deed of Absolute Sale, your legal
    representative utilized BIR Form 1606 which is a WITHHOLDING TAX
    REMITTANCE RETURN.

    The repercussion of

    filed before the Regional Trial Court branch 42, Medina, Misamis Oriental,
    a status hearing was scheduled by the RTC Branch 42 in Medina, Misamis
    Oriental regarding the status of the possible out of court settlement with regards
    to partition of the community property between you and the respondent.

    However, despite three (3) meetings with the counsels for the respondent
    there was an impasse and regrettably we could not reach a consensus.
    Apparently, the respondent is making it appear that she is amendable to a
    compromise as to the manner and amount of the partition, however she is asking
    for an increase of your voluntary monthly financial support from P28,000.00 to
    P45,000.00 as a condition before they will agree with an out of court settlement of
    your properties.

    Thereafter, both parties terminated the negotiations and appeared before


    RTC Branch 42 at Medina, Misamis Oriental on a scheduled hearing last October
    13, 2022 and manifested that both will move forward with the case.
    Moreover, per your instruction, the next check for the monthly support for
    the two minor children, Gabriel and Kael Cabading shall no longer be delivered to
    the law office of ROBN Law and instead will be for pick up basis beginning
    November 2022 onwards. (Please see attachment in the email)

    For your perusal, as per our retainer agreement below is the itemized
    billing for the professional services and out of pocket rendered by the firm for this
    case as of October 18, 2022:
    Appearance Fee for Kho, Roa & Partners
    (October 13, 2022) ₱10,000.00
    Fuel Expense (RTC Branch 42 Medina) ₱1,000.00
    Total Billing ₱11,000.00

    Should you have any questions and concerns, please do not hesitate to
    contact the firm regarding the status of the case.

    Our best regards and appreciation for your usual preferential consideration.

    Very truly yours,

    Marvi Manuel S. Roa

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