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NAME: XTAX2 – TRANSFER TAXES - QUIZ

SECTION: DATE:
GENERAL INSTRUCTION: PLEASE HAVE A SUMMARY B. The land must be excluded in Ms. B’s
OF YOUR ANSWERS IN A SEPARATE SHEET OF gross estate upon her death.
PAPER. STRICTLY FOLLOW INSTRUCTIONS. C. The land must be excluded in Mr.
MULTIPLE CHOICE: Choose the best answer. Use C’s gross estate upon his death.
capital letters. (1pt) D. None of these

1. Which is false about succession: 7. If a loan is found to be merely an accommodation


A. The successor inherits all the transmissible loan where the loan proceeds went to another
property of a decedent including his liabilities. person, which of the following is incorrect?
B. The successor can be made liable for the A. The value of the unpaid loan must be included
obligations of the decedent beyond the value of as a receivable of the estate.
the asset he received. B. If there is a legal impediment to recognize the
C. In succession, fruits and credits maturing same as receivable of the estate, said unpaid
after death of the decedent pass to the heirs obligation shall not be allowed as a deduction
even if they were not subject to estate tax. from gross estate.
D. In succession, the successor can refuse the C. In all instances, the mortgaged property to the
inheritance. extent of the decedent’s interest therein, should
always form part of the gross estate.
2. Which of the following forms of non-taxable D. None of the choices
transfers may be subject to transfer tax in the
future? 8. In filing the estate tax return of a decedent under
A. Void transfer TRAIN law, a CPA certificate is required when:
B. Quasi-transfer A. Gross estate exceeds P2,000,000.00
C. Incomplete transfer B. Gross estate exceeds P5,000,000.00
D. All of these C. Gross estate exceeds P10,000,000.00
D. Gross estate reaches P2,000,000.00
3. The following are transactions and acquisitions
exempt from transfer tax except: 9. Which of the following is not a deduction of gross
A. Transmission from the first heir or donee in gifts?
favor of another beneficiary in accordance with A. Unpaid mortgage on the donated property
the desire of the predecessor. assumed by the donee.
B. Transmission or delivery of the inheritance or B. Unpaid real estate tax on the property donated
legacy by the fiduciary heir or legatee to the and assumed by the donee.
fideicommissary. C. Unpaid donor’s tax on the donated property
C. The merger of usufruct in the owner of the assumed by the donee.
naked title. D. Diminution on the donated property specifically
D. All bequests, devises, legacies, or transfers provided by the donor.
to social welfare, cultural and charitable
institutions. 10. All of the following, except one, are exempt from
donor’s tax
4. One of the following is a conjugal property of the A. Donation directly given to the victims of the
spouses under CPG: typhoon Yolanda.
A. That which is brought to the marriage as his B. Donation to Philippine Normal University
or her own. C. Donations to the Tubbataha Reefs Natural Park
B. That which each acquires during the marriage D. Donation to People’s Survival Fund
by inheritance.
C. The fruits of an exclusive property 11. The income of donated properties before marriage
received during the marriage are
D. That which is purchased with the exclusive A. Exclusive properties under conjugal
property of the wife. partnership
B. Exclusive properties under absolute community
5. Which is not an exclusion in gross estate? of property
A. Private retirement benefits C. Common properties under conjugal partnership
B. Accruals from SSS of gains.
C. GSIS benefits D. A and C
D. War damage payments
12. The following are general principles of estate
6. Mrs. A appointed Ms. B as fiduciary heir over an deduction, except:
agricultural land which Ms. B shall turn over to Mr. A. The substantiation rule
C upon Ms. B’s death. Which is incorrect? B. Matching principle
A. The land must be included in Mrs. A’s gross C. No double classification rule
estate upon her death. D. None of the above
13. Losses of separate properties of the surviving
spouse are deductible against B 6. S1: Transfer tax accrues at the time of transfer of
A. Separate property of the decedent the decedent’s property or rights to the heir.
B. Common property of the spouses S2: In default of compulsory heirs and relatives until
C. Both A and B fifth consanguinity, the government shall inherit the
D. Neither A nor B. estate of the decedent.

14. Which obligation is deductible against gross B 7. S1: The donee-decedent of a special power of
estate? attorney only holds the property in trust, hence,
A. Bank loans acquired for the medication of the the property shall be part of the donee-
decedent decedent’s gross estate.
B. Obligations of the surviving spouse S2: A revocable transfer shall be included in the
C. Income tax of the decedent before death gross estate of the decedent-transferor even
D. Real property tax of the separate property of though the power to revoke was not exercised.
the decedent accrued after death
B 8. S1: The power of the decedent-transferor to
15. Amounts receivable by the estate of the deceased, his revoke terms may be exercised just once.
executor or administrator as an insurance under S2: Special deductions do not reduce the
the policy taken by the decedent upon his own life hereditary estate of the heirs.
is:
A. Excluded from the gross estate D 9. S1: The power of appointment is “general”
B. Part of the gross estate regardless of when the power of appointment authorizes the
designation donee of the power to appoint only from a
C. Part of the gross estate if the beneficiary is designated class of persons other than himself.
revocable S2: Taxes and obligations accruing after death
D. Part of the gross estate if the beneficiary is are deductible from gross estate.
irrevocable.
C 10. S1: Non-resident alien decedents can claim
TRUE or FALSE: In capital letters, write A – if only deductions for losses, indebtedness, and taxes.
statement 1 is true; B – if only statement 2 is true; C – S2: Properties subject to mortgage are
if both statements are true; D – if both statements are presented in gross estate at an amount gross of
false. (2pts) the mortgage.
C 1. S1: Regardless of the relationship of the donee,
donations made by the donor shall be subject to A 11. S1: If either of the spouse did not consent to the
6% donor’s tax rate in excess of P250,000 donation of a conjugal or communal property,
exempt gifts. there is only one donor for purposes of donor’s
S2: Donations made by or in favor of juridical tax.
persons shall be subject to 6% donor’s tax rate in S2: A donation can be both part of the gross gift
excess of P250,000 exempt gifts. of the donor and taxable income of the donee.

A 2. S1: Tax credit for foreign estate tax is allowed to A 12. S1: In donor’s tax, no extension of time for filing
minimize the effect of multiplicity of situs. the donor’s tax return is allowed.
S2: Tax credit for foreign estate tax is allowed to S2: If on any one date, there is a donation by
maximize the effect of indirect double taxation. one donor to his relative and another one to a
stranger, there will be two separate donor’s tax
D 3. S1: The property regime of the spouses may be return to be filed.
agreed upon during the marriage.
D 13. S1: Properties received by way of gifts are
S2: The properties of a spouse without any
descendant from a prior marriage are communal exclusive properties.
properties. S2: All fruits accruing before or after the
marriage are conjugal properties.
B 4. S1: All forms of gratuitous transmission of property
C 14. S1: Non-listed common stocks are valued at
while the donor is living is considered donation
inter-vivos. their book value.
S2: In taking inventory, properties are generally S2: Transfers in contemplation of death are
presumed common unless proven as exclusive of donations made intervivos but are actually
either spouse. donation mortis causa.

A 5. S1: Claims against insolvent persons may be A 15. S1: As a rule, all properties of the donor existing
charged against exclusive properties. at the point of death constitute his donation
S2: Non-resident alien decedents can claim only mortis causa.
a proportion of losses, indebtedness, taxes and S2: Donations to donees abroad are exempt
transfers for public purpose. from donor’s tax.

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