Professional Documents
Culture Documents
Estate Tax
Estate Tax
Estate Tax
1 Tru
e
2 Fals Funeral expenses, whether paid or unpaid, are deductible as funeral expense
e
3 Fals It is an excise tax
e
4 Tru
e
5 Fals The entire community properties of the spouses are included in the gross estate
e
6 Fals Proceeds of life insurance shall be exempt only from estate tax if the designated
e beneficiary in the policy is irrevocable and is not the estate, executor or administrator
7 Fals The sale must be for an insufficient consideration
e
8 Fals If there is reciprocity, the intangible personal property within is not taxable in the
e Philippines
9 Fals In that case, the power of appointment is special
e
1 Fals The prohibition is applicable on inter vivos donations only. Thus, it is allowed if the
0 e donation is to become effective upon the death of the donor-spouse
1 Tru
1 e
1 Fals They are exclusions from gross estate but not deductions
2 e
1 Tru All benefits from SSS and GSIS are exempt from INCOME and ESTATE tax
3 e
1 Fals The daughter must be minor and unmarried
4 e
1 Fals It is deductible as judicial expense
5 e
1 Fals It is deductible as an unpaid mortgage rather than as claims against the estate
6 e
1 Tru The amount of money borrowed is deductible as claims against the estate; however,
7 e that same amount which was loaned to accommodate the financial needs of another
person should be included in the gross estate as a receivable of the estate on the
debtor.
1 Fals It is deductible from either gross income or gross estate but not on both
8 e
1 Tru To be deductible, family home must be situated in the Philippines
9 e
2 Fals Vanishing deduction can be claimed provided that the subject property is situated in
0 e the Philippines
2 Fals Net taxable estate is the basis in computing the estate tax, while net distributable
1 e estate pertains to the amount that will be distributed among the heirs.
2 Fals Other than he resident citizens, the estate of non resident citizens and resident aliens
2 e can also claim tax credit on estate taxes paid abroad
2 Fals Notice of death must be made within 2 months after the decedent’s death, or within a
3 e like period after qualifying as executor or administrator
2 Tru Filing of estate tax return is required if the gross value of the estate exceeds 200,000
4 e and regardless of value where the said real estate consists of registered or registrable
property
2 Tru If the tax is paid by installment, a clearance shall be released only with respect to the
5 e property the corresponding tax on which has been paid.
W A B Free
portion
a. P3M P 4.5M P 4.5M None
b. 3M 3M 3M P 3M
c. None 6M 6M None
d 2.25M 4.5M 4.5M 2.25M
10. Based on the following data, how mush is the value of the decedent’s interest if he
died March 31,2008?
Cash in bank, joint account of the decedent
And his wife P 254,000
Interest on the bank deposit ( January 1- June
30,2008) 9,000
Dividends from a domestic corporation: 60,000
Date of declaration- February 5, 2008
Date of record - April 15,2008
Date of payment - May 15,2008
Share in 2007 net profit of partnership,
Distributed to partners on April 15 9,000
Winnings in lotto ( Bet, March 30; April 1, 2008
Draw) 500,000
a. P 383,750 c. P145,000
b. 138,000 d. 388,250
11. For estate tax purposes, the estate of the decedent shall be valued at the time
a. of the preparation of the estate tax return
b. the estate tax is paid.
c. of death of the decedent.
d. The estate is distributed to the heirs.
12. Mamo died leaving the following properties:
Stocks of Cruz Corporation (2,000 shares )- listed in the Phisex (highest- P 40;
lowest- P 39).
Common Stocks of Hemo Corporation ( 1,500 shares)- not listed in the stock
exchange. Cost- P 50 per share; book value- P45 per share.
Car ( cost- P 600,000; book value- P 350,000; market value – P 400,000)
Real properties ( zonal value – P 120,000; assessed value- P 72,000 )
The gross estate of Mamo is-
a. P 618,000 c. P 624,000
b. 867,000 d. 666,500
13.One of the following is subject to estate tax on properties situated within the
Philippines only
a. Resident citizen c. Nonresident citizen
b. Resident alien d. Nonresident alien
Items 14 through 16 are based on the following information:
Dina Mathay, Filipina, died in the United States with the following properties
a. P 1,200,000 c. P 1,430,000
b. 1,230,000 d. 1,400,000
23. On the belief that he was about to die of a liver cancer, Bongbong sold to Bengbeng
a property valued at P 1,100,000 for the same amount. Six months later, Bongbong
died of a car accident. At that time, the property had already a value of P 1,300,000.
For Philippine estate tax purposes, the amount includible in the gross estate of
Bongbong is-
39. under the conjugal partnership of gains, the total conjugal properties of the spouses is:
a. 1,170,000
b. 1,820,000
c. 1,990,000
d. 2,495,000
41. under absolute community of property regime, the total community property of the spouses
is:
a. 1,820,000
b. 1,990,000
c. 2,495,000
d. 1,170,000
Pepe married Pilar on January 20,1995 without any agreement in writing as to the system of
property relationship that will govern their properties when they are already married. Pepe
brought into the marriage an old Spanish house in Vigan, Ilocos Sur worth 2,000,000 while
Pilar brought with her a 200 hectare pineapple plantation in Bukidnon which she acquired
while she was still single.
As a consequence of her marriage, she received as gift from her parents another 200 hectare
banana plantation in Cagayan de Oro City on January 31, 1995.
Twelve years thereafter, she died of a car accident. The joint account deposit of the spouses
with Metrobank was 5,000,000.
She was insured with an insurance company for 2,500,000 with Pepe as the appointed
irrevocable beneficiary
For numbers 43 to 47, classify the properties identified above by choosing your answer from the
option below:
49. statement 1: the amount of funeral expenses within the 200,000 threshold, which are still
payable shall be allowed as a deduction from the gross estate
Statement 2: the unpaid portion of the actual funeral expenses incurred which is in excess of
the 200,000 threshold shall be allowed as deduction under “claims against the estate”
a. true, true
b. true, false
c. false, true
d. false, false
51. the amount of funeral expenses that may be deducted from gross estate
a. 5% of the gross estate or actual funeral expenses or Php 200,000, whichever is lower
b. always 5 % of the gross estate
c. actual funeral expenses incurred
d. 5% of the gross estate or actual funeral expenses incurred whichever is higher
52. the deductible amount of funeral expense is 200,000 if the actual expenses and the gross
estate amount to
53. which of the following are requisites in order that claims against the decedent’s estate may
be deductible except
a. they must be existing against the estate
b. they must be reasonably certain as to amounts
c. they must have been prescribed
d. they must be enforced by the claimants
54. which of the following is not included in the value of the gross estate
a. judicial expenses
b. claims against insolvent persons
c. benefits received under RA 4917
d. the undiminished value of the property mortgaged
57. all of the following except one, are deductible from the gross estate of a decedent who died
September 30, 2006
a. income tax on income earned from January to September 29, 2006
b. gift taxes on donations given June 12, 2006
c. real property taxes payable during the last quarter of 2006
d. income tax on income earned during the last quarter of 2006
hint:
to be deductible, taxes must accrue before the death of the decedent. Real property taxes
accrue on the 1st day of January of every year although the payment is allowed in the
succeeding quarters of the year.
58. statement 1: if the proceeds of a mortgage loan is merely an accommodation loan, its
value must be included in the gross estate as a receivable amount and as a deduction
thereof.
59. the following expenses and obligations were left by Boning upon his death
a. 600,000
b. 550,000
c. 1,560,000
d. 560,000
HINT:
to be deductible, claims against the estate out of debt instrument must be duly notarized
(except for loans by financial institutions where notarization is not part of the business
practice or policy of the financial institution)
claims of the estate against other persons are deductible only if the debtor is declared insolvent
mortgages paid are allowed only as deduction from the value of the property in computing a
vanishing deduction. In computing the net estate, the deductible item is unpaid mortgage
taxes must have accrued before the death of the decedent. Taxes on income of properties which
accrued after death are not deductible
61. Y, a Filipino resident, died on November 5, 2006 and his estate incurred losses due to
1st loss: from fire on Feb 2, 2006 of improvements on his property; not compensated by
insurance
2nd loss: from flood on Feb 25, 2007 of household furniture; also not compensated by insurance
63. liza died on July 5, 2007 leaving the following data on deductions
Unpaid 2006 real estate taxes 40,000
Unpaid 2007 real property taxes 40,000
Inocme tax on income from Jan 1 to July 4, 2007 35,000
Losses from fire that occurred on July 3 (60 % was insured) 800,000
Casualty loss on september 2007 450,000
Building destroyed by earthquake on Feb 2007 1,300,000
64. Che, a non resident alien, died leaving the following assets
domestic shares 1,000,000
foreign shares 3,000,000
tangible personal property, Philippines 6,000,000
Expenses (deductible) 1,200,000
Note: the country where she is a citizen and resident does not impose transfer tax on
transmission of intangibles of filipinos
a. 5,280,000
b. 3,800,000
c. 4,800,000
d. 4,280,000
65. Ta, a nonresident alien, single died leaving the following properties and deductions
66-67 information
Mhar, a German residing in Munich, Germany had the following data at the time of his death
Expenses
Funeral expenses incurred in the philippines 25,000
Funeral expenses incurred abroad ?
Accountants fee and audit fees 5,000
Medical expenses -2 months before he died 50,000
Unpaid mortgage on his property loctaed abroad 40,000
Claims against the estate 25,000
Properties
Real property located in Japan 2,400,000
Lot in Davao City 1,000,000
Share of stock in Japanese Corporation 600,000
Other tangible personal properties-phils 1,000,000
67. in number 66 above, if the total deductions allowed amount to 60,000, how much is the
amount of funeral expenses abroad
a. 100,000
b. 80,000
c. 145,000
d. 55,000
68. which of the following properties of Etang who died December 4, 2008 is subject to
vanishing deduction
Property 2- land inherited from her mother in 2005 the estate tax thereon have not been paid
Property 4-community property inherited december 2, 2003 or five days before marriage
69. which of the following is a multiplier deduction for purposes of computing vanishing
deduction
a. benefits received under RA 4917
b. medical expenses
c. standard deduction
d. transfer for public purpose
70. statement 1: vanishing deduction is always a deduction from the exclusive properties of the
decedent
Statement 2: a property is subject to vanishing deduction if it has been acquired thru exchange
with a property inhetrited within 5 years prior to the death of the present decedent
a. true, false
b. false, true
c. true, true
d. false, false
71. christopher died on October 5, 2006 leaving a parcel of land valued at 800,000 to his
nephew, mendell. On June 10, 2008, Mendell married Cristita, prior to the celebration of the
marriage, they orally agreed that they shall be governed by the conjugal partnership of
gains
a. the spouse shall be governed by the conjugal partnership of gains. Thus, if Mendell dies on
May 20, 2009 the vanishing deduction shall be classified as deduction from the exclusive
properties
b. the spouses shall be governed by the absolute community of property regime. Thus if cristita
dies on may 20, 2009 the land shall be subject to vanishing deduction of ½ of its value.
c. the spouse shall be governed by the absolute community of property regime. Nonetheless,
the death of cristita on may 20, 2009 will not subject her share in the land to a vanishing
deduction
d. the spouse shall be governed by the absolute community of property regime. Thus, if mendell
dies on may 20, 2009 only his ½ share in the land shall be subject to a vanishing deduction
72. all of the following, except one, are not deductible from the gross estate of a nonresident
alien
a. vanishing deduction
b. medical expenses
c. family home
d. standard deduction
73. Rodolfo, a filipino died testate on May 10, 2006. Among his gross estate are properties
inherited from his deceased father who died april 4, 2003. What percentage of deduction will
be used in computing the amount of vanishing deduction
a. 80% of the value taken as basis for vanishing deduction
b. 100 % of the value taken as basis for vanishing deduction
c. 60 % of the value taken as basis for vanishing deduction
d. 40% of the value taken as basis for vanishing deduction
74. van died on November 20, 2006. Some of the properties he left are the following
Asset Mode of Date of Market Market
acqui acqui value value
sition sition -date -
acqui deat
red h of
Van
Land Donatio 7-3-02 500,000 350,000
n
Car Purchas 10-2-05 800,000 980,000
e
Other info:
75. in determining the net estate of the decedent, which of the following rules is correct
a. real estate abroad is included in the gross estate of a decedent who is a nonresident alien
b. shares of stocks being intangible property shall be included in the decedents gross estate
wherever situated
c. vanishing deduction must be subject to limitations
d. funeral expenses are deductible to the extent of 5% of the total gross estate but not
exceeding 100,000
Included in the 3,000,000 is a parcel of land worth 200,000 and a car worth 400,000
The land was donated to him by his uncle on May 4, 2004 with a value of 150,000. At the time
of donation, the land wasb mortgaged for 30,000 which was paid by his uncle. The car had a
avalue of 500,000 when it was paid by his uncle. The car had a value of 500,000 when it was
inherited by his Pepe from his mother 2.5 years ago and mortgaged for 50,000 which was
paid by Pepe before he died.
77. elopre, married June 5,2004 died on April 29, 2006 with the following data: Gross estate—
community property, 3,000,000; exclusive, 2,000,000. Said amount includes a land which he
received as gift from his father a month before the marriage; valued at 540,000. His father
mortgaged the land for 20,000 which was paid by elopre. Elopre mortgaged also said land
for 50,000 but was able to pay only 20,000 until his death. Expenses claimed (excluding the
unpaid mortgage) amounted to 170,000.
a. 388,800
b. none
c. 384,000
d. 380,000
79. statement 1: unpaid loans contracted prior to death may be deducted even if not notarized
if notarization of contracts is not business policy of the creditor
Statement 2: for estate tax purposes several family homes may be deducted provided the
maximum amount is 1,000,000.
a. true, false
b. true, true
c.false, true
d. false, false
Statement 2: unpaid medical expenses at the time of death are deductible as claims against
the estate
a. true, false
b. true, true
c.false, true
d. false, false
81. mama, widow, a Filipino residing in Canada, died on December 20, 2007 leaving the
following properties
Real property (inherited from her husband on May 3, 2006 valued 2,960,0
then at 2,600,000) 00
Personal properties in Canada 1,300,0
00
Real and personal properties in the Philippines 670,00
0
Family home in Canada 2,500,0
00
Obligations:
Funeral expenses incurred in Canada 250,00
0
Other deductible expenses 850,00
0
84. decedent died leaving a family home composed of the following: house, conjugal property
worth 800,000 and the land in which he exclusively owned valued at 400,000. He also owns
a vacation house in Baguio worth 700,000.
86. bong, single and a resident citizen, died with properties constituting his gross estate of
4,000,000. Actual funeral expenses amounted to 150,000 and other charges against the
estate amounted to 210,000. The net taxable estate is
A. 3,640,000
b. 2,640,000
c. 3,740,000
d. 2,590,000
Based on above data, how much is the deductible medical and judicial expenses respectively if
the decedent died may 23,2007
89. statement 1: under the conjugal partnership of gains, the vanishing deduction is always a
deduction from exclusive properties
Statement 2: under the absolute community of property regime, the vanishing deduction is
deductible also against community property
a. true, true
b. true, false
c. false, false
d. false, true
90. the following data relates to Carl, married (2) years ago, died leaving the following:
Gross Estate 14,000,0
00
Land acquired by donation from his father
3.5 years ago:
Market value, date of donation 200,000
Market value, date of death 300,000
Funeral expenses 35,000
Judicial expenses 15,000
Unpaid mortgage on land at the time of 100,000
donation
Unpaid taxes 10,000
Losses 25,000
Transfer for public purposes 35,000
Medical expenses 45,000
Carl paid 60,000 to the mortgagee of the land a year before his death.
Assuming carl was under conjugal partnership of gains, the total ordinary deductions from
exclusive property is
a. 49,600
b. 89,600
c. 124,600
d. none
91. in problem 90, assuming that Carl was under absolute community of property regime the
total amount deductible from the community property is
a. 125,000
b. 134,600
c. 174,600
d. none
92. Alladin, Filipino, married, died January 1, 2006, leaving the following properties:
The Riceland and the residential land were previously mortgaged for 350,000 when inherited
where 200,000 was paid by Alladin during his lifetime.
The coconut land was mortgaged for 94,000 of which 14,000 was paid before his death. Also,
Aladdin, by will, bequeathed to Marikina City the sum of 200,000 for exclusive public purpose.
House and lot (family home) In Quezon City, zonal value (assessed 2,230,0
value, 1,150,000) 00
Personal properties 2,500,0
00
Benefits received from employer as a consequence of his death 150,00
0
Unpaid mortgage on Riceland with a value of 1,000,000 200,00
0
Claims against Dimalupig, insolvent 35,000
Based on above information, the value of the gross estate of Abandonado is:
a. 5,915,000
b. 4,835,000
c. 4,685,000
d. 5,730,000
97-99
On October 15, 2006, Benjamin, a Filipino citizen and resident of Manila, died intestate leaving
his wife, Diana and his two illegitimate children, Aubrey and Barbara. The estate of the deceased
consisted of the following:
100. which of the following deductions cannot be claimed by a non resident alien
I. Vanishing deductions on a property situated in the Philippines
II. Funeral expenses incurred abroad
III. Family Home situated abroad
IV. Donation of a property for use by a foreign government
a. I only
b. I and II
c. III and IV
d. I and IV
101-103
Wilson died of a car accident. He died intestate on October 10, 2006, survived by his wife, Ging
and a son.
104. Alanis, a resident citizen, single but head of the family, died January 3, 2008. The following
are his data:
Properties:
Real Properties (excluding Family Home of 3,200,0
1,100,000) 00
House and Lot in Australia 1,500,0
00
Other personal properties 800,00
0
Deductions:
Funeral expenses 120,00
0
Claims against insolvent persons 100,00
0
Claims against the estate, not notarized 50,000
0
Unpaid mortgage on the family home 30,000
The personal properties do not include shares of stocks valued at 50,000 which were purchased
by the decedent from Astra Company one month prior to his death.
The house in Australia was inherited by Alanis from his father who died 2.25 years ago. Said
property was mortgaged for 200,000 which was paid by the decedent before his death.
Hint: the house in Australia is not subject to vanishing deduction because the property is situated
outside the Philippines. To be subject to the deduction, the property must form part of the gross
estate situated in the Philippines (Sec. 86 [ A,2], NIRC)
106. trillo, a resident of Quezon city, died on June 5, 2007 with the following data:
Property acquired by Trillo before marriage 1,500,0
00
Property acquired by his wife before marriage 1,000,0
00
Conjugal family house and lot, Quezon City, certified by Barangay 1,600,0
Chairman 00
House in Marbel City (exclusive of Trillo) , certified as family home by 1,000,0
barangay captain 00
Proceeds of life insurance, irrevocable, beneficiary is the estate 500,00
0
Claims against insolvent debtors (40 % uncollectible) 100,00
0
Inter vivos donations to City Government of Quezon 200,00
0
Actual Funeral expense (50 % paid by relatives) 300,00
0
Judicial Expenses 250,00
0
Hint: house in quezon city is the true family home because it is the place where family resides.
107-110
Penduko married in 2005 under the absolute community of property regime, died on August 30,
2007. He left the following properties and obligations:
Properties:
Cash in bank 200,00
0
Residential lot inherited from his father on June 12, 1,200,0
2004 00
Family home: house (community property) 1,300,0
00
Lot (exclusive property of 1,000,0
Penduko) 00
Personal properties acquired by the spouses during 200,00
marriage 0
Receivable from his sister (insolvent) 100,00
0
Inter vivos donation from his mother on July 2007, 150,00
revocable 0
Receivable from SSS as indemnity for hospitalization 12,000
Deductions:
Unpaid mortgage on the residential lot contracted by
the father:
At the time of death of father 300,00
0
At the time of death of Penduko 100,00
0
Funeral expenses (40 % were shouldered by relatives) 80,000
Judicial expenses (30 % were incurred after 6 months) 35,000
Claims against the estate (includes unpaid medical 35,000
expenses of 12,000)
Unpaid mortgage on the house (loaned to penduko’s 100,00
sister) 0
Casualty loss (50 % was indemnified by the Insurance 60,000
company)
a. None
b. 46, 525
c. 96,525
d. 122,025
111. Eleanor, resident Citizen, married and under the absolute community of property regime,
died on August 20, 2007. The following are the data on properties and obligations: