Why this matters

Capital Gains Tax (CGT) and Documentary Stamp Tax (DST) often come due on fixed calendar days following a sale or transfer. When those due dates land on a Saturday, Sunday, or a legal holiday, Philippine law allows you to pay on the next business day without incurring late penalties—provided you file and pay on that next business day.

This article explains how that rule works in practice for CGT and DST, how to compute deadlines, what “business day” means, what happens if you miss the next business day, and practical steps to stay compliant.

Taxes covered

1) Capital Gains Tax (CGT) on real property (capital assets)

What it is: A final tax on the presumed gain from the sale, exchange, or other disposition of real property classified as a capital asset (e.g., land or buildings not used in business as ordinary assets).
When it’s due (baseline rule): The CGT return for a one-time transaction (ONETT) is generally due within 30 days following the date of sale/transfer (sale, exchange, pacto de retro, dación, etc.).
Tax base: Gross selling price or fair market value (FMV), whichever is higher (for FMV, compare BIR zonal value and local assessor’s value; use the higher).
Rate: Commonly 6% of the higher of GSP or FMV (applies to individuals and, in specific cases, domestic corporations when the land/building is a capital asset).

Note: If the property is an ordinary asset (e.g., used in business, held for sale by a real estate dealer), CGT does not apply; income tax/creditable withholding/VAT or percentage tax rules may apply instead.

2) Capital Gains Tax (CGT) on shares of stock not traded on the Philippine Stock Exchange

What it is: A final tax on net capital gains realized by individuals from the sale or exchange of shares not listed and traded on a local stock exchange. (Sales on the PSE are subject instead to stock transaction tax, not CGT.)
When it’s due (baseline rule): The CGT return is generally due within 30 days after each sale or exchange.
Rate: 15% on net capital gains for individuals (post-TRAIN). Different regimes apply to corporations.

3) Documentary Stamp Tax (DST)

What it is: A tax on certain documents, instruments, loan agreements, and papers evidencing acceptance, assignment, sale, or transfer of rights, obligations, or property.
Common ONETT contexts:
- Deed of Absolute Sale (real property): DST is computed on the consideration or FMV, whichever is higher (rates are set in the Tax Code).
- Share transfers (not traded): DST on the original issue and on sales/transfers of shares at rates prescribed by law (separate from CGT or stock transaction tax).
When it’s due (baseline rule): On or before the 5th day of the month following the date the taxable document was made, signed, issued, accepted, or transferred, or within a specific period set by the relevant DST provision or BIR form instructions for ONETT (the BIR treats many ONETT DST payments as due simultaneously with the CGT return for the same transaction).

The weekend/holiday rule (next business day)

Legal backbone

Philippine rules on computing periods provide that when the last day to perform a legal act falls on a Saturday, Sunday, or legal holiday, you may validly perform it on the next working day. This principle—embodied in general rules on computation of periods (e.g., Civil Code Art. 13) and consistently applied by the BIR—covers filing and payment obligations, including CGT and DST.

What counts as a “business day”?

A business day is any working day when BIR offices, Authorized Agent Banks (AABs), and electronic channels (if applicable) are operational.
National legal holidays move the deadline nationwide. Local special non-working holidays can affect in-person filing in that locality (use eChannels or file in an open RDO/AAB if allowed).
If an electronic channel is down system-wide on the last day, the BIR typically treats the next operational day as timely; if only your access is down, you’re expected to use an alternative authorized mode.

How to compute the deadline

A) CGT on real property (ONETT)

Identify the date of sale/transfer (the date on the deed/contract, or constructive transfer date, as applicable).
Count 30 calendar days starting the day after that date.
If day 30 is a Saturday, Sunday, or legal holiday, the deadline moves to the next business day.

Example 1 (simple weekend):

Sale date: Friday, March 7
Count 30 days → Sunday, April 6
Deadline moves to Monday, April 7 (assuming it’s a working day).

Example 2 (holiday then weekend):

Sale date: Wednesday, June 11
Day 30 → Friday, July 11, but July 11 is declared a special non-working holiday in the city where you file.
Next day Saturday (closed), then Sunday (closed) → deadline is Monday, July 14.

B) CGT on shares (not traded)

Identify the trade/transfer date (date of sale or assignment).
File within 30 calendar days thereafter.
If the 30th day is a weekend/holiday, pay the next business day.

C) DST (ONETT)

For deeds of sale of real property, the DST is typically processed with the CGT return in an ONETT package. If the CGT due date moves to the next business day, the DST filed together with it is likewise timely.
For other DST documents with monthly deadlines (e.g., “on or before the 5th day of the following month”), if the 5th falls on a weekend/holiday, the deadline is the next business day.

Filing and payment channels

eBIRForms/eFPS: If you’re enrolled and required to e-file, submit electronically and pay via authorized eChannels (e.g., PESONet-participating banks, OTC at AABs, GCash/LandBank Link.Biz, etc., as applicable).
AABs/RCOs: For ONETT, many taxpayers still coordinate with the Revenue District Office (RDO) ONETT team for document evaluation, issuance of a Computation Sheet/Payment Form, and payment at an Authorized Agent Bank or RCO (Revenue Collection Officer) when allowed.
Timeliness: If the last day to file/pay is a weekend/holiday, e-filing/e-payment on the next business day is considered on time.

What if you miss the next business day?

If you fail to file/pay on the next business day, you are late and subject to:

Surcharge: Generally 25% of the basic tax (or 50% in cases of willful neglect or false/fraudulent return).
Interest: Compensatory interest at the rate set by law/regulations (applied per annum, computed daily) on the unpaid basic tax from original due date until payment.
Compromise penalty: As provided in BIR schedules (administrative).

These additions apply to both CGT and DST. For ONETT, the BIR will compute and collect penalties upon processing if the submission is late.

Coordination with title transfer / share registry

Real property: Registry of Deeds (and LGU Assessor/Treasurer for transfer tax) will not process title transfer without proof that CGT and DST have been paid and the BIR Certificate Authorizing Registration (CAR) (or eCAR) has been issued. Late tax payment delays CAR issuance and title transfer.
Shares (not traded): Corporate secretary/stock transfer agent generally requires proof of CGT and DST payment before recording the transfer in the stock and transfer book and issuing new certificates.

Special timing scenarios and how the weekend rule applies

Installment sales (real property):
- CGT is commonly computed on the gross selling price or FMV (higher) regardless of installment collection (because the tax is on the transfer itself). Some transactions may involve specific BIR handling; follow your RDO’s ONETT guidance. The 30-day filing rule still applies, with the weekend/holiday shift to the next business day.
Suspended work / force majeure:
- If the government declares work suspension (e.g., severe weather, emergencies) on the due date, BIR typically recognizes filing/payment on the next business day offices reopen. Keep copies of announcements and system advisories.
Local holidays vs. national deadlines:
- If you file in a locality observing a local non-working day, you may file on the next local working day. If e-filing is available, you may file electronically regardless of local closures (but payment clearing rules still apply).
System downtime of e-channels:
- If an official e-channel outage is announced on the due date, file/pay once restored; the next operational day is treated as timely. If only your connection/device failed, use an alternative channel.

Practical compliance checklist

Mark the 30th day after the date of sale/transfer (CGT on real property; CGT on unlisted shares).
For DST, note the paired ONETT schedule or the monthly due date (e.g., 5th day of the following month).
If the deadline lands on Saturday/Sunday/holiday, move it to the next business day.
Prepare complete ONETT documents (deed, TINs of parties, tax declaration, latest real property tax receipts, IDs, sworn declarations as needed, valuation printouts, etc.).
Coordinate early with the RDO-ONETT for evaluation and payment guidance.
Use e-filing/e-payment where required or available; keep electronic acknowledgments and payment confirmations.
Retain proof of timely filing (timestamps, bank validation slips, e-mail acknowledgments, screenshots of accepted returns).
If you truly cannot file/pay on the due date due to closures or outages, document the facts (public advisories, bank notices) and file/pay on the next business day.

Key takeaways

For CGT (real property and unlisted shares) and DST, if the due date falls on a Saturday, Sunday, or legal holiday, paying on the next business day is timely.
The protection applies to both filing and payment; it does not extend beyond the next business day.
Missing the next business day triggers surcharge, interest, and compromise penalties.
ONETT processing (and title or registry transfers) hinges on prior payment of these taxes; build in time to avoid delays.

If you want, tell me the actual sale/transfer date and location, and I’ll compute your exact CGT/DST deadlines and flag any weekends/holidays that affect them.