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Title Iii Chapter I
Title Iii Chapter I
(A) Decedent's Interest. - To the extent of the (2) For the purpose of this Subsection, the
interest therein of the decedent at the time of his power to alter, amend or revoke shall be
death; considered to exist on the date of the decedent's
death even though the exercise of the power is
subject to a precedent giving of notice or even
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though the alteration, amendment or revocation receivable by any beneficiary designated in the
takes effect only on the expiration of a stated policy of insurance, except when it is expressly
period after the exercise of the power, whether stipulated that the designation of the beneficiary
or not on or before the date of the decedent's is irrevocable.
death notice has been given or the power has
been exercised. In such cases, proper adjustment
shall be made representing the interests which (F) Prior Interests. - Except as otherwise
would have been excluded from the power if the specifically provided therein, Subsections (B),
decedent had lived, and for such purpose if the (C) and (E) of this Section shall apply to the
notice has not been given or the power has not transfers, trusts, estates, interests, rights, powers
been exercised on or before the date of his death, and relinquishment of powers, as severally
such notice shall be considered to have been enumerated and described therein, whether
given, or the power exercised, on the date of made, created, arising, existing, exercised or
death. relinquished before or after the effectivity of this
Code.
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transferred to him by gift within the same period property in determining the value of the gift, or
prior to his death; the gross estate of such prior decedent, and only
to the extent that the value of such property is
included in the decedent's gross estate, and only
Eighty percent (80%) of the value, if the prior if in determining the value of the estate of the
decedent died more than one (1) year but not prior decedent, no deduction was allowable
more than two (2) years prior to the death of the under paragraph (2) in respect of the property or
decedent, or if the property was transferred to properties given in exchange therefor. Where a
him by gift within the same period prior to his deduction was allowed of any mortgage or other
death; lien in determining the donor's tax, or the estate
tax of the prior decedent, which was paid in
whole or in part prior to the decedent's death,
Sixty percent (60%) of the value, if the prior then the deduction allowable under said
decedent died more than two (2) years but not Subsection shall be reduced by the amount so
more than three (3) years prior to the death of paid. Such deduction allowable shall be reduced
the decedent, or if the property was transferred by an amount which bears the same ratio to the
to him by gift within the same period prior to his amounts allowed as deductions under
death; paragraphs (1) and (3) of this Subsection as the
amount otherwise deductible under said
paragraph (2) bears to the value of the decedent's
estate. Where the property referred to consists of
Forty percent (40%) of the value, if the prior
two or more items, the aggregate value of such
decedent died more than three (3) years but not
items shall be used for the purpose of computing
more than four (4) years prior to the death of the
the deduction.
decedent, or if the property was transferred to
him by gift within the same period prior to his
death;
(3) Transfers for Public Use. - The amount of all
the bequests, legacies, devises or transfers to or
for the use of the Government of the Republic of
Twenty percent (20%) of the value, if the prior
the Philippines, or any political subdivision
decedent died more than four (4) years but not
thereof, for exclusively public purposes.
more than five (5) years prior to the death of the
decedent, or if the property was transferred to
him by gift within the same period prior to his
death; (4) The Family Home. - An amount equivalent
to the current fair market value of the decedent's
family home: Provided, however, That if the
said current fair market value exceeds One
These deductions shall be allowed only where a
million pesos (P1, 000,000), the excess shall be
donor's tax or estate tax imposed under this Title
subject to estate tax. As a sine qua non condition
was finally determined and paid by or on behalf
for the exemption or deduction, said family
of such donor, or the estate of such prior
home must have been the decedent's family
decedent, as the case may be, and only in the
home as certified by the barangay captain of the
amount finally determined as the value of such
locality.
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or transferred to the decedent by gift within five
(5) years prior to his death, where such property
(5) Standard Deduction. - An amount equivalent can be identified as having been received by the
to One million pesos (P1, 000,000). decedent from the donor by gift, or from such
prior decedent by gift, bequest, devise or
inheritance, or which can be identified as having
(6) Medical Expenses. - Medical Expenses been acquired in exchange for property so
incurred by the decedent within one (1) year received:
prior to his death which shall be duly
substantiated with receipts: Provided, That in no
case shall the deductible medical expenses One hundred percent (100%) of the value if the
exceed Five Hundred Thousand Pesos (P500, prior decedent died within one (1) year prior to
000). the death of the decedent, or if the property was
transferred to him by gift, within the same
period prior to his death;
(7) Amount Received by Heirs Under Republic
Act No. 4917. - Any amount received by the
heirs from the decedent - employee as a Eighty percent (80%) of the value, if the prior
consequence of the death of the decedent- decedent died more than one (1) year but not
employee in accordance with Republic Act No. more than two (2) years prior to the death of the
4917: Provided, That such amount is included in decedent, or if the property was transferred to
the gross estate of the decedent. him by gift within the same period prior to his
death;
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(a) The amount of the credit in respect to the tax transfers shall be used by such institutions for
paid to any country shall not exceed the same administration purposes.
proportion of the tax against which such credit is
taken, which the decedent's net estate situated
within such country taxable under this Title SEC. 88. Determination of the Value of the
bears to his entire net estate; and Estate. -
(b) The total amount of the credit shall not (A) Usufruct. - To determine the value of the
exceed the same proportion of the tax against right of usufruct, use or habitation, as well as
which such credit is taken, which the decedent's that of annuity, there shall be taken into account
net estate situated outside the Philippines taxable the probable life of the beneficiary in accordance
under this Title bears to his entire net estate. with the latest Basic Standard Mortality Table,
to be approved by the Secretary of Finance,
upon recommendation of the Insurance
SEC. 87 Exemption of Certain Acquisitions Commissioner.
and Transmissions. - The following shall not
be taxed:
(B) Properties. - The estate shall be appraised at
its fair market value as of the time of death.
(A) The merger of usufruct in the owner of the However, the appraised value of real property as
naked title; of the time of death shall be, whichever is higher
of -
(C) The transmission from the first heir, legatee (2) The fair market value as shown in the
or donee in favor of another beneficiary, in schedule of values fixed by the Provincial and
accordance with the desire of the predecessor; City Assessors.
and
(A) Requirements. - In all cases of transfers (a) Itemized assets of the decedent with their
subject to the tax imposed herein, or where, corresponding gross value at the time of his
though exempt from tax, the gross value of the death, or in the case of a nonresident, not a
estate exceeds Two hundred thousand pesos citizen of the Philippines, of that part of his
(P200,000), or regardless of the gross value of gross estate situated in the Philippines;
the estate, where the said estate consists of
registered or registrable property such as real
property, motor vehicle, shares of stock or other (b) Itemized deductions from gross estate
similar property for which a clearance from the allowed in Section 86; and
Bureau of Internal Revenue is required as a
condition precedent for the transfer of ownership
thereof in the name of the transferee, the (c) The amount of tax due whether paid or still
executor, or the administrator, or any of the legal due and outstanding.
heirs, as the case may be, shall file a return
under oath in duplicate, setting forth:
(B) Time for Filing. - For the purpose of
determining the estate tax provided for in
(1) The value of the gross estate of the decedent Section 84 of this Code, the estate tax return
at the time of his death, or in case of a required under the preceding Subsection (A)
nonresident, not a citizen of the Philippines, of shall be filed within six (6) months from the
that part of his gross estate situated in the decedent's death.
Philippines;
(3) Such part of such information as may at the (C) Extension of Time. - The Commissioner
time be ascertainable and such supplemental shall have authority to grant, in meritorious
data as may be necessary to establish the correct cases, a reasonable extension not exceeding
taxes. thirty (30) days for filing the return.
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(D) Place of Filing. - Except in cases where the Where the taxes are assessed by reason of
Commissioner otherwise permits, the return negligence, intentional disregard of rules and
required under Subsection (A) shall be filed with regulations, or fraud on the part of the taxpayer,
an authorized agent bank, or Revenue District no extension will be granted by the
Officer, Collection Officer, or duly authorized Commissioner.
Treasurer of the city or municipality in which
the decedent was domiciled at the time of his
death or if there be no legal residence in the If an extension is granted, the Commissioner
Philippines, with the Office of the may require the executor, or administrator, or
Commissioner. beneficiary, as the case may be, to furnish a
bond in such amount, not exceeding double the
amount of the tax and with such sureties as the
SEC. 91. Payment of Tax. - Commissioner deems necessary, conditioned
upon the payment of the said tax in accordance
with the terms of the extension.
(A) Time of Payment. - The estate tax imposed
by Section 84 shall be paid at the time the return
is filed by the executor, administrator or the (C) Liability for Payment. - The estate tax
heirs. imposed by Section 84 shall be paid by the
executor or administrator before delivery to any
beneficiary of his distributive share of the estate.
(B) Extension of Time. - When the Such beneficiary shall to the extent of his
Commissioner finds that the payment on the due distributive share of the estate, be subsidiarily
date of the estate tax or of any part thereof liable for the payment of such portion of the
would impose undue hardship upon the estate or estate tax as his distributive share bears to the
any of the heirs, he may extend the time for value of the total net estate.
payment of such tax or any part thereof not to
exceed five (5) years, in case the estate is settled
through the courts, or two (2) years in case the For the purpose of this Chapter, the term
estate is settled extrajudicially. 'executor' or 'administrator' means the executor
or administrator of the decedent, or if there is no
executor or administrator appointed, qualified,
In such case, the amount in respect of which the and acting within the Philippines, then any
extension is granted shall be paid on or before person in actual or constructive possession of
the date of the expiration of the period of the any property of the decedent.
extension, and the running of the Statute of
Limitations for assessment as provided in
Section 203 of this Code shall be suspended for SEC. 92. Discharge of Executor or
the period of any such extension. Administrator from Personal Liability. - If
the executor or administrator makes a written
application to the Commissioner for
determination of the amount of the estate tax and
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discharge from personal liability therefore, the amounts previously abated, refunded or
Commissioner (as soon as possible, and in any otherwise repaid in respect of such tax.
event within one (1) year after the making of
such application, or if the application is made
before the return is filed, then within one (1) SEC. 94. Payment before Delivery by
year after the return is filed, but not after the Executor or Administrator. - No judge shall
expiration of the period prescribed for the authorize the executor or judicial administrator
assessment of the tax in Section 203 shall not to deliver a distributive share to any party
notify the executor or administrator of the interested in the estate unless a certification
amount of the tax. The executor or from the Commissioner that the estate tax has
administrator, upon payment of the amount of been paid is shown.
which he is notified, shall be discharged from
personal liability for any deficiency in the tax
thereafter found to be due and shall be entitled to SEC. 95. Duties of Certain Officers and
a receipt or writing showing such discharge. Debtors. - Registers of Deeds shall not register
in the Registry of Property any document
transferring real property or real rights therein or
SEC. 93. Definition of Deficiency. - As used in any chattel mortgage, by way of gifts inter vivos
this Chapter, the term 'deficiency' means: or mortis causa, legacy or inheritance, unless a
certification from the Commissioner that the tax
fixed in this Title and actually due thereon had
(a) The amount by which the tax imposed by been paid is show, and they shall immediately
this Chapter exceeds the amount shown as the notify the Commissioner, Regional Director,
tax by the executor, administrator or any of the Revenue District Officer, or Revenue Collection
heirs upon his return; but the amounts so shown Officer or Treasurer of the city or municipality
on the return shall first be increased by the where their offices are located, of the
amounts previously assessed (or collected nonpayment of the tax discovered by them. Any
without assessment) as a deficiency and lawyer, notary public, or any government officer
decreased by the amount previously abated, who, by reason of his official duties, intervenes
refunded or otherwise repaid in respect of such in the preparation or acknowledgment of
tax; or documents regarding partition or disposal of
donation inter vivos or mortis causa, legacy or
inheritance, shall have the duty of furnishing the
(b) If no amount is shown as the tax by the Commissioner, Regional Director, Revenue
executor, administrator or any of the heirs upon District Officer or Revenue Collection Officer of
his return, or if no return is made by the the place where he may have his principal office,
executor, administrator, or any heir, then the with copies of such documents and any
amount by which the tax exceeds the amounts information whatsoever which may facilitate the
previously assessed (or collected without collection of the aforementioned tax. Neither
assessment) as a deficiency; but such amounts shall a debtor of the deceased pay his debts to
previously assessed or collected without the heirs, legatee, executor or administrator of
assessment shall first be decreased by the his creditor, unless the certification of the
Commissioner that the tax fixed in this Chapter
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had been paid is shown; but he may pay the payment of the estate tax, new obligations of the
executor or judicial administrator without said decedent shall appear, and the persons interested
certification if the credit is included in the shall have satisfied them by order of the court,
inventory of the estate of the deceased. they shall have a right to the restitution of the
proportional part of the tax paid.
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