A Landlord’s Primer (Part 2)


primer
Today, we will discuss the other 2 parties that are part of every lease contract:

The Tenant and Ate Kim Henares (yes, kasama siya).

KIM HENARES

Ate Kim’s involvement is much shorter so lets start there.
Simply put, rental income is taxed. You have to report it and consolidate it with the rest of your income.

How? It is an absolute headache but here is a BASIC overview of the things involved:

kim

  1. Registration with the City Hall where the property is located. Why? Because you are engaging in a business in the city and like any business, you MUST register.
  2. Depending on the amount of the lease, VAT may or may not be levied. This means that you have to remit any VAT you collect on a regular basis — which could mean monthly mag-fifile ka ng VAT sa BIR.
  3. Issuing receipts and maintaining books are the ideal — especially if you want to minimise your taxes. However, this means going through the process of registering the books and receipts. (Ouch.)
  4. If you are a salaried employee, this means consolidating your salary with your rental income. This MAY mean you end up in a higher tax bracket and will have to pay additional income taxes.
  5. If you are an OFW, this means having someone here to pay these taxes for you and keep records of those payments.

Now, uunahan ko na kayo: Wala bang mas simpleng paraan para diyan? Meron, but it would be best if those steps came from a lawyer or a CPA. And since I am neither, I will not go there.:) (Mag-aaway lang kasi tayo ;) )

Kailangan ba talaga gawin yan? Well, yeah. Unless willing ka makipag-patintero sa BIR.
:D
Ok, after Ate Kim, now lets talk about the tenant. :)

THE TENANT

This means that your property should be located in an environment where you can find a steady stream of potential tenants. What environments? Near business centers and exclusive schools are good areas. I would suggest near schools like Ateneo, DLSU, UST & UP as you are pretty sure that every year, rich students from the provinces will be looking for places to stay.

Once you have found a prospective tenant, here are some things that must be EXPLICITLY indicated in the lease contract:

Payment terms
Post-dated checks for the life of the lease are the norm. Often dated on the first day of the month. Also, are dues included in the payment?

Security deposit
How much, what it will cover and when will it be returned.

Pet Policy
Are they allowed? If so, what kind?

Guest Policy
Can your tenant invite his entire barkada or clan to stay indefinitely in the unit?

Repairs and Maintenance
Who pays for what?

Inspection
Most unit owners reserve the right to inspect the property on a REGULAR basis — provided the tenant is given due legal notice.

Terms of Renewal
Is it automatically renewed at the same rates?

Terms of Eviction
This has to be VERY, VERY clear.

Now, is that a complete list? No. Which is why I strongly suggest you hire a professional to help you design a contract that protects your rights. At least for the first unit you lease out. After that, you can use that first contract as a template for succeeding units.

Well that’s it for today but its not the end of this series. On Monday we’ll discuss the issues and challenges of having tenants. Until then, have a good weekend everyone. #AralMunaBagoInvest

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READ A LANDLORD’S PRIMER PART 1 HERE

Aya Laraya

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Comments

  1. Mark Aguinaldo says

    Hi there, im a accountant, and yeah matrabaho siya talaga lalo na kapag yung mga taxpayer ay di maayos mag-consolidate ng records nila. So its start with that be particular on how you lease your properties and secure all the necessary government documents and maintain your books.

    There are numerous service provider na nag-offer ng budget friendly fees. Just make sure competent and knowledgeable talaga sa ginagawa niya. I had 5 client who lease their property so far lahat naman sila mababait at diligent magbayad ng taxes since naintindihan nila na duty natin yun as income earner.

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