Professional Documents
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TAX 201 Estate Tax
TAX 201 Estate Tax
La Salle
STUDENT HANDOUTS
TAXATION M.V.U. SIA
TAX.201—ESTATE TAX SY 2021-2022 2nd SEMESTER
LEARNING OBJECTIVES
REVIEW NOTES
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
a. Legitime is the portion of the testator’s property which settle intestate estate and such testate estate as no
could not be disposed of freely because the law has competent executor was designated by the testator.
reserved it for the compulsory heirs. (Art. 886, CCP).
b. Free portion is that part of the whole estate which the 3. Mixed - transmission of properties, which is effected partly
testator could dispose of freely through written will by will and partly by operation of law.
irrespective of his relationship to the recipient.
Format of Computation
2. Legal or Intestate - transmission of properties where there
is no will, or if there is a will, the same is void or lost its Single Decedent
validity, or nobody succeeds in the will. Gross Estate PXXX
Ordinary Deductions (XXX)
In intestate succession, the entire estate of the decedent is Special Deductions (XXX)
distributed to the heirs. The compulsory heirs in Net Taxable Estate PXXX
testamentary succession are also heirs in intestate Rate 6%
succession. However, intestate heirs include, brothers and Estate Tax Due PXXX
sisters, collateral relatives within the fifth civil degree, and Less: Tax Credit (XXX)
the state. Estate Tax Payable PXXX
Reciprocity Clause – No tax shall be imposed with respect to 2. Decedent’s Interest – Refers to the extent of equity or
intangible personal properties of a NRA situated in the ownership participation of the decedent on any property
Philippines: physically existing and present in the gross estate, whether
1. When the foreign country, where such NRA is a resident and or not in his possession, control or dominion. It also refers
citizen, does not impose transfer tax with respect to to the value of ANY INTEREST IN PROPERTY OWNED OR
intangible personal properties of Filipino citizens not POSSESSED by the decedent at the time of his death
residing in that country; or (interest having value or capable of being valued,
2. When the foreign country imposes transfer taxes, but grants transferred).
similar exemption with respect to intangible personal
properties of Filipino citizens not residing in that country. Example:
- Dividends declared before his death but received after
Intangible Properties considered Located in the Philippines: death.
1. Franchise which must be exercised in the Philippines; - Partnership profit which has accrued before his death
2. Shares, obligations or bonds issued by any corporation or - Usufructuary rights, etc.
sociedad anonima organized or constituted in the
Philippines; 3. Properties transferred gratuitously during lifetime, but in
3. Shares obligations or bonds issued by any foreign substance, transferred upon death:
corporation, at least 85% of the business of which is located a) Transfer in contemplation of death – the thought of
in the Philippines; death must be the impelling cause of the transfer.
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
4. Transfer with retention or reservation of certain rights – 2. Under Section 87, NIRC
allows the transferor to continue enjoying, possessing or a) The merger of the usufruct (right to use) in the owner
controlling the property (beneficial ownership) because of the naked title (without right to use).
only the naked title has been transferred. b) The transmission or delivery of the inheritance or
legacy of the fiduciary heir or legatee to the
5. Revocable transfer – decedent transfers the enjoyment of fideicommissary.
his property to another, subject to his right to revoke the c) The transmission from the first heir, legatee or donee
transfer at will, with or without notifying the transferee, any in favor of another beneficiary, in accordance with the
time before he dies. will of the predecessor.
d) All bequests, devices, legacies or transfers to social
6. Property passing under general power of appointment welfare, cultural and charitable institutions, provided:
i. No part of the net income of said institutions
7. Transfers for insufficient consideration – sale of property inure to the benefit of any individual;
below fair market value (FMV) under the cases in letters a ii. Not more than 30% of such transfers shall be
to d above. used for administration purposes.
Amount included in gross estate: 3. Under Section 97, NIRC, as amended by TRAIN
FMV at the time of death PXXX
Less: Selling Price (XXX) Withdrawal from bank deposit account subjected to 6%
Included in Gross Estate PXXX final withholding tax.
4. Shares of stock
a. Traded in the Local Stock Exchange (LSE) – mean
between the highest and lowest quotations, at a date
nearest the date of death, if none is available at the date
of death itself (RR 2-2003/RR 12-2018).
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
PROPERTY RELATIONSHIP BETWEEN SPOUSES 5. Those acquired through occupation such as fishing or
hunting;
Components of Gross Estate of a Married Decedent 6. Livestock existing upon dissolution of the partnership in
excess of the number of each kind brought to the
Exclusive Properties of the Decedent PXXX marriage by either spouse; and
Add: Common Properties (100%) XXX 7. Those acquired by chance, such as winnings from
Gross Estate PXXX gambling or betting. However, losses therefrom shall be
borne exclusively by the loser-spouse.
NOTE: Exclusive properties of the surviving spouse are
excluded in computing gross estate. Absolute Community of Property (ACOP)
Requisites:
1. The fair market value of the mortgaged
property undiminished by the mortgage Interval Of Acquisition and Death of Rate
Present Decedent
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TAXATION | TAX.201—ESTATE TAX University of St. La
Salle
Within 1 year 100% d) The value of the family home is included in the
More than 1 year but not more than gross estate; and
2 years 80% e) Must not exceed the limit set by law.
More than 2 years but not more than
3 years 60% Amount Deductible:
More than 3 years but not more than a. Actual Interest vs. whichever
4 years 40% b. Limit is lower
More than 4 years but not more than
5 years 20% LIMIT = P10,000,000
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
Net Estate, per foreign the estate tax due through the following options, including
X Philippine Estate Tax
World Net Estate the corresponding terms and conditions:
a) Cash installment
Limit B – By Total 1. The cash installments shall be made within two (2)
years from the date of filing of the estate tax return;
Net Estate, all foreign countries Philippine 2. The estate tax return shall be filed within one (1)
X
World Net Estate Estate Tax year from the date of decedent’s death;
3. The frequency (i.e., monthly, quarterly, semi-
COMPLIANCE REQUIREMENTS annually or annually), deadline and amount of each
installment shall be indicated in the estate tax
ESTATE TAX RETURN return, subject to the prior approval by the BIR;
4. In case of lapse of two years without the payment
1. When is it required? of the entire tax due, the remaining balance thereof
a) In all cases of transfer subject to estate tax; shall be due and demandable subject to the
b) Regardless of the amount of the gross estate, where it applicable penalties and interest reckoned from
consists of registered or registrable property. the prescribed deadline for filing the return and
payment of the estate tax; and
2. Who shall file? 5. No civil penalties or interest may be imposed on
a) Executor estates permitted to pay the estate tax due by
b) Administrator installment. Nothing in this provision, however,
c) Any of the legal heirs prevents the Commissioner from executing
enforcement action against the estate after the due
3. When is the deadline? date of estate tax.
Within one year after death. It can be extended not b) Partial disposition of estate and application of its
exceeding 30 days if authorized by the BIR Commissioner. proceeds to the estate tax due
1. The disposition, for purposes of this option, shall
4. When shall certification by a Certified Public Accountant refer to the conveyance of property, whether real,
(CPA) needed? personal or intangible property, with the
equivalent cash consideration;
It shall be supported with a statement duly certified to by a 2. The estate tax return shall be filed within one year
CPA when the estate tax return shows a gross value from the date of decedent’s death;
exceeding P5,000,000. 3. The written request for the partial disposition of
the estate shall be approved by the BIR. The said
5. Place of filing the return: request shall be filed, together with a notarized
a) In case of a resident decedent: undertaking that the proceeds thereof shall be
1. Authorized agent bank; or exclusively used for the payment of the total estate
2. Revenue District Officer; or tax due;
3. Collection Officer; or 4. The computed estate tax due shall be allocated in
4. Duly authorized Treasurer of the city or proportion to the value of each property;
municipality 5. The estate shall pay to the BIR the proportionate
estate tax due of the property intended to be
In which the decedent was domiciled at the time of his disposed of.
death. 6. An electronic Certificate Authorizing Registration
(eCAR) shall be issued upon presentation of the
b) In case of a non-resident decedent: proof of payment of the proportionate estate tax
1. Revenue District Office where the executor or due of the property intended to be disposed.
administrator is registered Accordingly, eCARs shall be issued as many as there
2. Revenue District Office having jurisdiction over the are properties intended to be disposed to cover the
executor or administrator’s legal residence (if total estate tax due, net of the proportionate estate
executor or administrator is not registered) tax(es) previously paid under this option; and
3. Office of the BIR Commissioner (RDO No. 39 – 7. In case of failure to pay the total estate due out from
South Quezon City) if the estate does not have an the proceeds of the said disposition, the estate tax
executor or administrator in the Philippines. due shall be immediately due and demandable
subject to the applicable penalties and interest
6. Payment of Estate Tax reckoned from the prescribed deadline for filing
the return and payment of the estate tax, without
Estate tax shall be paid at the time the return is filed (Pay as prejudice of withholding the issuance of eCAR(s)
you file) on the remaining properties until the payment of
the remaining balance of the estate tax due,
Allowed extension: including penalties and interest.
a) 5 years if settled judicially
b) 2 years if settled extra-judicially 8. Request for Extension of Time, Installment Payment and
Partial Disposition of Estate.
7. Payment of the estate tax by installment and partial
disposition of estate. The request for extension of time to file the return,
In case of insufficiency of cash for the immediate payment extension of time to pay estate tax and payment by
of the total estate tax due, the estate may be allowed to pay installment shall be filed with the Revenue District Office
(RDO) where the estate is required to secure its TIN and file
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
the estate tax return. This request shall be approved by the shall allow the withdrawal from said deposit account,
Commissioner or his duly authorized representative. subject to a final withholding tax of 6% of the amount to
be withdrawn, provided, that the withdrawal shall only be
DUTIES OF CERTAIN OFFICERS AND PERSONS made within one year from the date of said decedent.
1. No judge shall authorize the executor or judicial In all cases, the final tax withheld shall not be refunded, or
administrator to deliver a distributive share to any party credited on the tax due, on the net taxable estate of the
interested in the estate, unless a certification from the decedent.
Bureau of Internal Revenue (BIR) that the estate tax has
been paid is shown. In instances where the deposit accounts have been duly
2. Register of Deeds shall not register in the registry of included in the gross estate of the decedent and the estate
property any transfer of real property or real rights therein, tax due thereon paid, the executor, administrator, or any of
or any mortgage, by way of donation mortis causa or the legal heirs shall present the eCAR issued for the said
inheritance, without a certification from the BIR of payment estate prior to withdrawing from the bank deposit account.
of estate tax, and they shall immediately notify the BIR of Such withdrawal shall no longer be subject to the 6%
non-payment of tax discovered by them. withholding tax.
3. Any lawyer, notary public or any government officer who,
by reason of his official duties, intervenes in the preparation
or acknowledgment of documents regarding partition or
disposal of donations inter vivos or mortis causa, legacy or
inheritance shall furnish the BIR with copies of such
documents and any information whatsoever which may
facilitate the collection of the estate tax.
4. There shall be no transfer to any new owner in the books of
any corporation, sociedad anonima, partnership, business,
or industry organized or established in the Philippines any
share, obligation, bond or right by way of gift inter-vivos or
mortis causa, legacy or inheritance, unless an eCAR is issued
by the Commissioner or his duly authorize representative.
5. If bank has knowledge of the death of a person who
maintained a bank account alone, or jointly with another, it
DISCUSSION QUESTIONS
Introduction to Estate Tax must secure a written discharge from personal liability
from:
1. Estate tax is _____ a) The heirs.
a) a property tax because it is imposed on the property b) The Commissioner of Internal Revenue.
transmitted by the decedent to his heirs. c) The court where the estate was being settled.
b) an indirect tax because the burden of paying the tax is d) Need not secure a written discharge as long as he has a
shifted on the executor or any of the heirs of the receipt on payment of the estate tax.
decedent.
c) an excise tax because the object of which is the shifting 6. It is a mode of acquisition by virtue of which, the property,
of economic benefits and enjoyment of property from rights and obligations, to the extent of the value of the
the dead to the living. inheritance, of a person are transmitted through his death
d) a poll tax because it is also imposed on residents of the to another either by his will or by operation of law.
Philippines whether Filipino citizens or not. a) Succession c. Prescription
b) Donation d. Exchanges
2. Estate tax accrues from:
a) The moment of death of the decedent 7. It is a well settled rule that estate taxation is governed by
b) The moment the notice of death is filed the statute in force at the time of:
c) The moment the estate tax return is filed a) Creation of the last will testament or death of the
d) The moment the properties are delivered to the heirs decedent in case of intestate succession
b) Death of the decedent
3. The taxpayer in estate tax is: c) Filing of estate tax return
a) The decedent d) Either letter “b” or “c” whichever will result to higher
b) The estate as a juridical entity estate tax liability
c) The heirs or successors
d) The administrator or executor 8. Which statement is false about succession:
a) The successor inherits all the transmissible property of
4. Who has the primary personal liability to pay estate tax? a decedent including his liabilities.
a) The decedent b) The successor can be made liable for the obligations of
b) The estate as a juridical entity the decedent beyond the value of the asset he received.
c) The heirs or successors c) In succession, fruits and credits maturing after the
d) The administrator or executor death of the decedent pass to the heirs even if they were
not subjected to estate tax.
5. An executor or administrator, after paying the estate tax, d) In succession, the successor can refuse the inheritance.
and to escape a future liability for a deficiency estate tax,
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
9. Which of the following could legally effect transfer of b) Shares, obligations or bonds issued by any corporation
properties through succession? or sociedad anonima organized or constituted in the
I. By virtue of a will Philippines in accordance with its laws
II. By operations of law c) Shares, obligations or bonds by any foreign corporation
III. By onerous transfer 75% of the business of which is located in the
a) I only c. I and III only Philippines
b) I and II only d. I, II and III d) Shares, obligations of bonds issued by any foreign
corporation if such shares, obligations or bonds have
10. An act whereby a person is permitted, with the formalities acquired a business situs in the Philippines
prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death. 20. Lolo Sot, 95 years old, was diagnosed of various ailments on
a) Contract c. Will January 1, 2018. Motivated by thought of death, he decided
b) Trust d. Legacy to dispose all his properties to his children and relatives. He
executed a last will and testament disposing all his
11. The following are the elements of succession, except: properties in the Philippines to his children. On the same
a) Decedent c. Heir day, he made donations inter-vivos to his other relatives as
b) Estate d. Executor to his properties in the United States. Lolo Sot died a month
after disposing all his properties. Should the properties
12. Succession which results from the designation of an heir, donated by Lolo Sot to his other relatives be included in his
made in a will executed in the form prescribed by law is gross estate upon his death?
known as: a) No, because they were not his properties anymore at
a) Legal or intestate succession the time of death.
b) Testamentary succession b) Yes, because the donations were donations mortis
c) Mixed succession causa and should be governed by the rules on estate
d) Ordinary succession taxation.
c) No, if the donor’s tax had been paid already on the
13. The portion of the decedent’s estate which the law reserves donations.
to his compulsory heir is called: d) No, because they were not transfers in contemplation
a) Legitime c. Legacy of death, since the donations were not simultaneous
b) Free portion d. Bequest with the execution of the last will and testament.
14. Which of the following is a valid will? 21. The following are subject to estate tax, except:
a) That which reduces the legitime of compulsory heirs. a) While still alive, the decedent donated property where
b) That which increase the share of one heir without the donation will take effect at the time of his death.
impairing the legitime of the other heirs . b) The decedent transferred a property in the regular
c) That which transfer the legitime of one heir to the other course of the business operation.
heir. c) The decedent donated a property with the condition
d) That which impair the legitime of compulsory heirs. that he/she will enjoy the fruits of such while he/she is
still alive.
15. A person who inherits specific personal property thru a d) The decedent transferred a property to take effect after
will: his/her death
a) Devisee c. Heir
b) Legatee d. Successor 22. One of the following donations is not included in computing
gross estate:
16. A person who inherits specific real property thru a will: a) Revocable transfers
a) Devisee c. Heir b) Transfers with reservation of certain rights
b) Legatee d. Successor c) Transfers under special power of appointment
d) Transfers in contemplation of death
Gross Estate
23. Pedro, decedent, owns a property valued at P1,500,000 at
17. One of the following is subject to estate tax on properties the time of his death. The said property was sold by Pedro
situated within the Philippines on: during his lifetime to Juan for P700,000 when its value was
a) resident citizen c) non-resident citizen P1,200,000. It was agreed by Pedro and Juan that the former
b) resident alien d) non-resident alien will enjoy the income of the property as long as he lives. For
estate tax purposes, how much will be included in
18. The personal properties of a non-resident, not citizen of the determining gross estate?
Philippines, would not be included in the gross estate if: a) P500,000 c) P800,000
a) The intangible personal property is in the Philippines b) P1,200,000 d) P0
b) The intangible personal property is in the Philippines
and the reciprocity clause applies 24. Based on the preceding number, if the fair market value of
c) The tangible personal property is in the Philippines the property at the time of death is only P600,000, how
d) The personal property is shares of stock of a domestic much will form part of gross estate?
corporation 80% of whose business is in the a) P500,000 c. P800,000
Philippines. b) P1,200,000 d. P0
19. All of the following are considered intangible in the 25. Vlad died on October 20, 2018. During his lifetime, upon
Philippines, except: knowing that he had Stage 4 cancer, sold his Lamborghini
a) Franchise which must be exercised in the Philippines car to his son for P4,000,000. The fair market value of the
car at the time of sale is P3,000,000. However, it is already
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
valued at P5,000,000 at the time of death. The amount that Shares of stock in a foreign corp., 70% of 200,000
will be added to gross estate is: the business is located in the Philippines
a) P1,000,000 c. P2,000,000 Car in Manila 500,000
b) P5,000,000 d. nil
How much is the gross estate?
26. Based on the preceding number, if the consideration is a. P3,800,000 c. P2,500,000
fictitious, how much will form part of gross estate? b. P2,600,000 d. P2,000,000
a) P1,000,000 c) P2,000,000
b) P5,000,000 d) nil 31. Based on the preceding number, but assuming the decedent
is a non-resident alien, the gross estate is:
27. Which of the following life insurance proceeds shall NOT be a. P3,800,000 c. P2,500,000
included in the computation of gross estate? b. P2,600,000 d. P2,000,000
a) Beneficiary is the estate, executor or administrator and
the designation of the beneficiary is revocable 32. Continuing number 31 and the rule of reciprocity applies,
b) Beneficiary is the estate, executor or administrator and the gross estate is:
the designation of the beneficiary is irrevocable a. P3,800,000 c. P2,500,000
c) Beneficiary is other than the estate, executor or b. P2,600,000 d. P2,000,000
administrator and the designation of the beneficiary is
revocable; Exemptions and Exclusions from Gross Estate
d) Beneficiary is other than the estate, executor or
administrator and the designation of the beneficiary is
33. Who among the following transferors is NOT liable for
irrevocable.
estate tax on the property transferred during his lifetime?
a. The testator who bequeaths property to his heirs in a
28. Part of the estate left by A are preference shares of
MERALCO. The shares are listed and traded in the last will and testament executed and probated during
Philippine Stock Exchange. Which of the following rules of his lifetime.
valuation is correct? b. The donor who reserves his right to amend or revoke
a. The preference shares will be valued using the the donation of property in favor of the donee.
arithmetic mean between the highest and lowest c. The donee of an appointed property who is required
quotation at the date nearest the date of death, if none under a power of appointment to transfer such
is available on the date of death itself. property upon death to his eldest child.
b. The preference shares will be valued based on their d. The transferor of personal property who sold it for
book value. insufficient consideration.
c. The preference shares will be valued based on their par
value. 34. Statement 1: Estinelly devised in her will a piece of land;
d. The preference shares will be valued based on their fair naked title to Ronnie and usufruct to Roy for as long as Roy
market value as determined by the Commissioner of lives, thereafter to Ronnie. The transmission from Estinelly
Internal Revenue to Ronnie and Roy is subject to estate tax but the merger of
the usufruct and the naked title to Ronnie upon the death of
Roy is exempt.
29. Binat died on April 13, 2018, leaving the following
properties:
Statement 2: Rodrigo devised in his will real property to his
Common stocks of Sunchamp Corporation (2,000 shares) -
brother Bongbong who is entrusted with the obligation to
listed in the Philippine Stock Exchange (highest - P40;
preserve and transmit the property to Sarah, daughter of
lowest - P39).
Bongbong, when Sarah becomes of age. The transmission
Common stocks of AgriNurture Corporation (1,500 shares) from Bongbong to her daughter Sara is subject to tax.
- not listed in the stock exchange. Cost - P50 per share; book a) Only statement 1 is correct
value - P45 per share. b) Only statement 2 is correct
Preferred stocks of Greenergy Inc. (3,000 shares) – not c) Both statements are correct
listed in the stock exchange. Cost - P70 per share; book d) Both statements are incorrect
value - P60 per share; par value – P50 per share
35. The following are transactions and acquisitions exempt
Car (cost - P600,000; book value - P350,000; market value -
from transfer tax, except:
P400,000)
a) Transmission from the first heir or donee in favor of
Real properties (zonal value - P120,000; assessed value - another beneficiary in accordance with the desire of the
P72,000) predecessor
The gross estate of Binat is – b) Transmission or delivery of the inheritance or legacy by
a. P817,500 c) P824,000 the fiduciary heir or legatee to the fideicommissary
b. P816,500 d) P846,500 c) The merger of usufruct in the owner of the naked title
d) All bequests, devises, legacies or transfers to social
30. Lina Lamay, Filipina, died in Syria leaving the following welfare, cultural and charitable institutions
properties:
House and Lot in Syria P1,000,000 36. Which of the following should not be included in the
Vacant Lot in Manila 2,000,000 computation of gross estate?
Shares of stock in a domestic corp., 60% of 100,000 a) Bank deposit subjected to 6% withholding tax
the business is located in the Philippines b) Transfer under general power of appointment
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
37. The list provided below is NOT included in the gross estate Deductions
of a decedent, except:
a. Share in common properties of the surviving spouse
43. Which of the following is NOT a requisite in claiming
b. Exclusive property of the surviving spouse casualty losses in the determination of estate tax?
c. Properties outside the Philippines of a non-resident a) Not compensated by insurance
alien decedent b) Not claimed as deduction for income tax purposes
d. Intangible personal property in the Philippines of a c) Incurred not later than the last day for the payment of
non-resident alien when the rule of Reciprocity applies the estate tax
d) None of the choices
Property Relationship Between Spouses
44. Pido Dedu, a Filipino resident, died on November 5, 2018,
and his estate incurred losses:
38. Statement 1: In the absence of marriage settlements
executed before the marriage, the property relationship
First loss: from fire on November 2, 2019 of improvement
between husband and wife shall be governed by local
on his property, not compensated by insurance;
custom and by the provisions of law, respectively.
Second loss: from flood on December 25, 2019 of household
Statement 2: If the parties entered into a marriage
furniture also not compensated by insurance.
settlement, then the property relationship agreed upon by
the parties, regardless of date of marriage, shall govern.
Which of the above losses is/are deductible?
a) Only statement 1 is correct
a) First loss only c. Both losses
b) Only statement 2 is correct
b) Second loss only d. Neither loss
c) Both statements are correct
d) Both statements are incorrect
45. The following data were taken from the estate of Oslo:
39. One of the following is a conjugal property of the spouses: - Claims against Helsinki (insolvent), P100,000, fully
a) That which is brought to the marriage as his or her own. uncollectible.
b) That which each acquires during the marriage by - Claims against Denver (insolvent), P200,000, 50%
inheritance. collectible.
c) The fruits of an exclusive property. - Claims against Arturo, who absconded, P300,000.
d) That which is purchased with the exclusive property of
the wife. Based on the data provided, how much should be deducted
from Pedro’s gross estate?
40. One of the following is NOT a community property of the a) P600,000 c) P200,000
spouses b) P500,000 d) nil
a) Property inherited by the husband before marriage
b) Winnings in gambling 46. Which statement is incorrect about claims against insolvent
c) Fruits of property inherited during the marriage persons?
d) Fruits of property inherited before the marriage a) They must be included in the gross estate even if
uncollectible.
b) They must be duly notarized as a rule.
Use the following data for the next two questions:
c) The deduction is only the uncollectible portion.
Pedro, married to Susan, died leaving the following: d) The insolvency of the debtor must be established.
Car acquired before marriage by Pedro P300,000
Car acquired before marriage by Susan 450,000 47. Deductible claims against the estate or indebtedness in
House and lot acquired during marriage 1,500,000 respect of property may arise out of, except:
Jewelries of Susan purchased using her exclusive 100,000 a) Contract
funds b) Tort
c) Operation of law
Personal properties inherited by Pedro during 250,000
d) None of the choices
marriage
Land inherited by Susan during marriage 1,000,000 48. The following are the requisites in order for claims against
Rental income on land inherited by Susan (25% 200,000 the decedent's estate may be deductible, except which one?
of which was earned after Pedro’s death) a) They must be the personal debt of the decedent
Benefits from SSS 350,000 b) They must be enforceable in court.
c) They may have been condoned prior to death.
Retirement benefits 480,000
d) If the loan was contracted 3 years before death, submit
Proceeds of group insurance taken by Juan’s 175,000 statement showing the disposition of the proceeds.
employer
49. Mr. Pobre is in need of money to start a small business.
41. How much is the correct gross estate if the property However, he has no property to secure a loan from a bank
relationship is conjugal partnership of gains? so he sought the help of his good friend Mr. Rich. Mr. Rich
a) P1,950,000 c. P2,600,000 then obtained a loan from Banco de Uro amounting to
b) P2,200,000 d. P3,600,000 1million pesos secured by a real property worth 2million
pesos to accommodate the request of Mr. Pobre. If after
42. How much is the correct gross estate if the property obtaining the loan and delivery of the proceeds to Mr.
relationship is absolute community of property?
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
Pobre, Mr. Rich died, how much gross estate should be b) P571,000 d) P637,617
reported?
a) P1,000,000 c) P3,000,000 55. If the decedent is married under the conjugal partnership of
b) P2,000,000 d) nil gains, vanishing deduction shall be chargeable against?
a) Exclusive Properties
50. Based on the preceding number, how much is the ordinary b) Conjugal Properties
deduction of the estate of Mr. Rich? c) Either Exclusive Properties or Conjugal Properties
a) P1,000,000 c. P3,000,000 d) Neither Exclusive nor Conjugal Properties
b) P2,000,000 d. nil
56. Which of the following statements is incorrect in connection
51. Which of the following is NOT deductible from the gross with family home?
estate of a decedent? a) Family home deduction shall be allowed only if such
I. Income taxes on income received after death family home is situated in the Philippines
II. Property taxes not accrued before death b) The total value of the family home must be included as
III. Estate Tax part of the gross estate of the decedent
a) I and II only c) All of the choices c) For purposes of availing family home deduction, a
b) II and III only d) None of the choices person may constitute only one family home
d) Family home deduction may not be lower than
52. Joby, a citizen of the Philippines and resident of Quezon City P10,000,000
died intestate on November 2, 2020. Among her gross
estate are properties acquired through public sale of 57. Nikki died on Nov. 1, 2018 leaving a family home composed
properties left by her father who died 4½ years ago. What of the following: Conjugal house worth P8,000,000, and the
percentage of deduction will be used in computing the land which she exclusively owned valued at P4,000,000. She
amount of vanishing deduction? also owns a vacation house in Baguio worth P7,000,000.
a) 60% c) 20%
b) 40% d) nil The deductible amount of family home is:
a) P8,000,000 c) P4,000,000
53. Mr. Sabillo, resident decedent, married, died, leaving the b) P12,000,000 d) P10,000,000
following properties:
Real and personal properties acquired P 3,000,000 58. Based on the preceding number, if the house is also an
during the marriage exclusive property, how much is the deductible family home
House and lot inherited from his father 2,000,000 allowance?
one year and 3 months before he died a) P8,000,000 c) P4,000,000
(FMV when inherited, P1,500,000) used b) P12,000,000 d) P10,000,000
as the decedent's family home
Car purchased with cash received as gift 500,000 59. The following statements are correct regarding standard
from his mother during the year he died deduction, except:
Cash (inclusive of P500,000 received as 1,500,000 a) A deduction in the amount of P5,000,000 shall be
inheritance from the father) allowed to a resident or citizen decedent as an
additional deduction without need of substantiation.
The following obligations and expenses were also made b) Standard deduction is not allowed to decedents who
available: are non-resident aliens.
Claims against conjugal properties P600,000 c) Standard deduction is not considered in computing
Unpaid mortgage on the inherited house and 100,000 share of the surviving spouse
lot (original mortgage was for P600,000) d) None of the above
How much is the vanishing deduction? 60. All of the following, except one, are not deductible from the
a) P1,530,000 c) P1,000,000 gross estate of a non-resident alien:
b) P1,080,000 d) None of the choices a) Standard deduction
b) Death benefits under RA 4917
54. Vice died on November 20, 2018. Some of the properties he c) Family home allowance
left are the following: d) None of the choices
Mode Market Value
of Date Date Date of 61. One of the following cannot be claimed as deduction from
Asset Acquisition Acquired Acquired Death the gross estate of a non-resident alien decedent:
Land Purchase 7-3-14 500,000 350,000 a) Vanishing deduction
Car Donation 10-2-17 800,000 980,000 b) Family home allowance
c) Share of surviving spouse
Other information: d) Transfer for public use
a) The gross estate of the decedent amounts to
P3,000,000. 62. Kenshin, non-resident Japanese, died on May 1, 2018
b) The car was mortgaged for P50,000 when it was leaving the following:
acquired and Vice paid the same before he died. Exclusive properties, Philippines P5,600,000
c) The allowable deductions totaled P325,000, which Conjugal properties, Philippines 4,200,000
includes judicial expenses of P30,000 and funeral Conjugal properties, Abroad 18,200,000
expenses of P150,000. Claims against insolvent persons 1,000,000
Funeral expenses 200,000
The vanishing deduction is – Judicial expenses 850,000
a) P581,000 c) P648,783 Claims against the estate 1,500,000
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
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TAXATION | TAX.201—ESTATE TAX University of St. La Salle
75. The last day for the payment of estate tax may be extended, a) March 31, 2021 c. September 30, 2019
until; b) September 30, 2021 d. March 31, 2024
- END -
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