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TRAIN ESTATE DONOR and VAT-compressed
TRAIN ESTATE DONOR and VAT-compressed
Tax Reformation
for Acceleration
and Inclusion
1.Name of Law:
Tax Reformation for
Acceleration and Inclusion
2. Number of Law:
RA No. 10963
3. Effectivity:
1 January 2018
4. Effect on Estate Tax
PRELIMINARY
Modes of Acquiring / (Transfering) Ownership
- Occupation
- Intellectual Creation
- Law
- Donation
- Succession
- Tradition
- Prescription
PRELIMINARY
DONATION (Intervivos)
It is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of
another, who accepts it.
Requisite:
Is for the "donee" to accept the donation from the donor
Both of the should be living at the time of donation
PRELIMINARY
DONATION of a Movable
Requisite:
It must be in a public document, notarized and
for the "donee" to accept the donation from the donor
PRELIMINARY
DONATION (MORTIS CAUSA)
Donations which are to take effect upon the
death of the donor partake of the nature of
testamentary provisions and shall be governed by
the rules established in the Title on Succession
Operative word: Anticipation of death
A donatio inter vivos is a gift between living people. The transfer takes place immediately and irrevocably.
A donatio mortis causa is a gift made by someone because death seems imminent. The goods or title would be
transferred with the understanding that ownership is contingent upon that death. If the death does not occur
and the donee has already taken possession, then the donee is obliged to return the gift if requested.
SUCCESSION
} A mode of acquisition by virtue of
which the property, rights, and
obligations to the extent of the value of
the inheritance, of a person are
transmitted through his death to another
or others either by his will or by
operation of law.
(transfering PRO)
(decedent-testate or intestate)
Preliminary
TRANSFER TAXES
It is an excise tax on the privilege of transferring
property gratuitously.
(excise tax or privilege tax -what is being tax is not the property but the privilege of transferring)
Estate Tax
Donor's Tax
Preliminary
ESTATE TAX
It is an excise (privilege) tax, not a property tax
It is the tax on the exercise of the right to transfer
property at death
It is measured by the value (gross estate) of the
property
It accrues as of the date of death of the decedent.
Theories of Estate Taxation
Benefits - Received Theory-for services that the government
renders in the distrubution of the estate,
Estate
Classification of Decedent
RCD - Resident Citizen Decedent
NRCD - Non-Resident Citizen Decedent
RAD - Resident Alien Decedent
NRAD - Non-Resident Alien Decedent
- With Reciprocity (WR)
- Without Reciprocity (WOR)
1.Personal Properties:
Bank Deposit:
1. Branch Bank Account with Account Name and Account Number ;
Stock Certificate:
2.Certificate of Stock issued by
and Stock Certificate Number ;
Motor Vehicles
3 .M o t o r v e h i c l e r e g i s t e r e d u n d e r t h e n a m e o f
with Plate Number
;
(Please add other properties or interests you want include in your will)
3.That should the Lord Almighty finally summon this soul from its earthly abode, it is my wish
and desire to bequeath, grant and devise my properties above-mentioned, as follows:
a .T o m y b e l o v e d ( w i f e / h u s b a n d ) , I h e r e b y b e q u e a t h t h e p r o p e r t i e s l i s t e d a s n o s . a b o v e ;
b.To my beloved children , , and
, I hereby bequeath in equal shares, the properties listed as nos. above;
c .T o who has been my constant companion and nurse in my illness, I hereby devise the
property listed as no. above;
d.To my (brother/sister/friend/etc.) I give the property listed as no. above;
4.That should Divine Providence will it that I die ahead of my beloved husband, I hereby proclaim as
my wish and desire which my heirs, devisees and legatees should respect, that the provisions of the
foregoing Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily without force and effect,
and my surviving (wife/husband)
T h r e e o f F i v e
shall have full use and enjoyment of all the above-listed properties; and only upon (his/her) demise shall the
provisions of Paragraph 3, Sub- Paragraphs b, c, and d come into effect;
1 .T h a t f o r t h e p u r p o s e o f r e n d e r i n g t h i s L a s t W i l l a n d T e s t a m e n t effective thru the proper proceeding in
Court, I hereby name and constitute as Executor and Administrator of this Last Will and Testament,
and that in his/her incapacity, I hereby name as his/her substitute;
2 .T h a t t h e E x e c u t o r a n d A d m i n i s t r a t o r I h e r e b y n o m i n a t e s h a l l b e e x c u s e d f r o m p o s t i n g a n y b o n d ;
3 .T h a t I h e r e b y r e v o k e , s e t a s i d e , a n d a n n u l a n y o t h e r w i l l o r t e s t a m e n t a r y d i s p o s i t i o n I h a v e m a d e , s i g n e d ,
or proclaimed.
IN WITNESS WHEREOF, I have hereunto set my this at
.
Testator
A T T E S T A T I O N C L A U S E
We, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and
'Testament of , and we hereby certify: That she executed the same while of sound and
disposing mind and memory; That she signed the same in our presence, at the bottom of
the last page and on the left hand margin of each and every page, and we, at her behest,
have signed hereunder and on the left hand margin of each and every page, in her
presence, in the presence of the Notary Public, and in the presence of each and every one
of us this
at
.
Four of Five
W I T N E S S A D D R E S S
(name of witness)
(name of witness) (name of witness)
Republic of the Philippines)
)S.S.
x - - - - - - - - - - - - - - - - - -x
A C K N O W L E D G M E N T
BEFORE ME, a Notary Public for and in
personally appeared the following persons, with their respective competent evidence of identity with
pictures as follows:
C O M P E T E N T
N A M E E V I D E N C E O F D A T E / P L A C E
I D E N T I T Y
Testator:
Witness:
Witness
Witness
known to me and to me known to be the same person who executed the foregoing Last Will and
Testament, which he acknowledged to me to be their own free and voluntary act and deed and which they
executed and signed in the presence of the three (3) above-named attesting witnesses, who all signed
their names as proof of their attestation on this page before the Testator and in the presence of each
F i v e o f F i v e
a n d e v e r y o n e o f t h e m , a n d t h e y a c k n o w l e d g e d t h e s a m e
t o b e t h e i r f r e e a n d v o l u n t a r y a c t a n d d e e d .
T h i s L a s t W i l l a n d T e s t a m e n t c o n s i s t s o f . ( ) p a g e s ,
i n c l u d i n g t h e p a g e o n w h i c h t h e r a t i f i c a t i o n a n d
a c k n o w l e d g m e n t a r e w r i t t e n .
W I T N E S S M Y H A N D A N D SEAL this at
, P h i l i p p i n e s
.
N O T A R Y
P U B L I C
D o c . N o . ;
P a g e N o . ;
B o o k N o . ;
S e r i e s o f ;
That which is effected by operation of
law in the absence or default of a will.
This kind of succession may be
implemented via:
1. Judicial Settlement; or
2. Extra-judicial Settlement / Affidavit of
Self-Adjudication
Other Transfer
Transfer made by law equivalent to
testamentary disposition
1. Partition inter vivos (no need to follow
formalities of a will, exception on
entering into contract regarding future
inheritance)
2. Donation mortis causa (must follow
formalities of a will)
Gross Estate
The gross estate of a decedent shall
be comprised of the following
properties and interest therein at the
time of his/her death, including
revocable transfers and transfers for
insufficient consideration, etc.
Generally characterized by
permanency, that is, the place
to which, whenever absent for
business or pleasure, one still
intends to return.
(animus revertendi)
"with intention to relocate"
Valuation of Gross Estate
The properties comprising the gross estate shall be valued
according to their fair market value as of the time
of decedent’s death.
If the property is real property, the appraised value
thereof as of the time of death shall be, whichever is
the higher of –
}
1. The fair market value as determined by the
Commissioner, or
2. The fair market value as shown in the schedule
of values fixed by the provincial and city assessors,
whichever is higher.
ESTATE TAX
A tax on the right of the deceased person to
transmit his estate to his lawful heirs and
beneficiaries at the time of death and on
certain transfers, which are made by law as
equivalent to testamentary disposition.
Tax 18 000
Due
Mr. X approached a real estate practitioner to assist him
in extra-judicially settling the estate of his deceased
parents. Both died on 05 April 2021 leaving Thirty Million
Pesos (Php30,000,000.00) worth of the family home.
The deceased parents have three children/heirs. Mr. X
represented that his siblings are not interested in the
real property.
What is the real estate document that the real estate
practitioner should prepare or ask a lawyer/notary
public to prepare?
}The common answer is
Extra- judicial Settlement
of Estate with Waiver of
Rights in favor of Mr. X.
i. ESTATE TAX
GROSS ESTATE – PHP30,000,000.00
NET ESTATE
GROSS ESTATE MINUS PHP10,000,000.00 (FAMILY HOME EXEMPTION)
MINUS PHP5,000,000.00 (STANDARD DEDUCTION)
= PHP15,000,000.00
* ESTATE TAX
NET ESTATE X .06 = PHP900,000.00
i. DONOR’S TAX
Implementation of TRAIN Law: With the TRAIN Law's enactment, there was a notable change in the VAT
exemption thresholds. For residential lots, the threshold was lowered to PHP 1,500,000.
TRAIN also lowered the VAT exemption of residential dwellings (house and lots, condominium
units) from Php 3,199,200 to Php 2,500,000. Those that were previously tax-exempt (worth
Php2,500,001 to Php3,199,200) are now subject to VAT.
Note also that effective January 1, 2021, the exemption shall be lowered again from
Php2,500,000 to Php2,000,000, and every three years thereafter, the amount stated shall be
adjusted to its present value using the Consumer Price Index (CPI) as published by the
Philippine Statistics Authority (PSA).
Recent Adjustments: The VAT exemption threshold was recently increased to PHP 3.6 million for
sales of residential lots, houses, and lots or condominium units. This adjustment aims to reflect
current market values and economic conditions, making it a significant increase to accommodate
the rising prices of real estate in the country . (Revenue Regulation No. 1-2024) Effective 1/1/2024
Powers of Attorney
The rate of DST on each power of attorney has been
increased from Five pesos (P5.00) to Ten pesos (P 10.00).
Lease
The rate of DST on leases and other hiring agreements
has been increased from Three pesos (P3.00) to Six pesos
(P6.00.; for the first Two thousand pesos (P2,000). or
fractional part thereof and the additional tax was
increased from One peso (P1.00) to Two pesos (P2.00) for
every One thousand pesos (P1,000) or fractional part
thereof, in excess of the first Two thousand pesos
(P2,000).
Mortgage
The rate of DST on every mortgage, pledge, or deed
of trust has been increased from Twenty pesos
(P20.00) to Forty pesos (P40.00), when the amount
secured does not exceed Five thousand pesos
(P5,000); and the additional tax has been increased
from Ten pesos (P10.00) to Twenty pesos (P20.00),
on each Five thousand pesos (P5.000). or fractional
part thereof in excess of Five thousand pesos
(P5,000).
Deeds of Sale, conveyances, and donation
When the consideration or value received or contracted
to be paid for such realty. after making proper
allowance on any encumbrances does not exceed One
thousand pesos (P1,000.00) Fifteen pesos (P15.00).
May be availed by
qualified individuals
engaged in
In general, business/practice of
Applicability applicable to all profession whose
individual taxpayers gross sales/receipts
and other non-
operating income did
not exceed ₱3,000,0
Particulars Graduated IT Rates 8% IT Rates
gross sales/receipts
Basis of IT net taxable income and other non-
operating income
Allowed reduction of
₱250,000.00 from the
gross, only for
Allowable itemized
individuals whose
deductions or
Allowed Deductions income comes purely
Optional Standard
from business/practice
Deduction (OSD)
of the profession;
otherwise, no
reduction
Graduated IT
Particulars 8% IT Rates
Rates