Professional Documents
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Pe On Estate Tax
Pe On Estate Tax
Pe On Estate Tax
ON
ESTATE TAX
QUESTION No. 1
Mr. Juan Basco, filipino, married and resident of Caloocan City
died intestate on April 5 2018. He was survived by his wife
Fidela and two children.
He left the following estate:
Exclusive real estate:
Land, 500 Sq. M. with fair market value of P1,000,000.
Land, 200 Sq. M. with fair market value of P500,000.
This land, 200 Sq. M. was donated by the decedent to his brother,
Jose Basco, the donation to take effect upon the death of the
donor. The donor’s taxes were not paid.
Continued…
Conjugal real estate:
Residential house and lot (family home) with fair market value
of P5,000,000.
This real estate is mortgaged for P120,000 in the bank and at the
time of death the mortgage is unpaid.
Conjugal personal properties:
Miscellaneous personal properties with FMV of P800,000.
Time deposit in bank, P50,000.
The time deposit is a joint time deposit. The co-depositor
is the decedent’s brother, Jose Basco.
The actual funeral expenses amounted to P180,000. The judicial
expenses amounted to P60,000.
.
Miscellaneous personal properties
Time deposit (P50,000 x ½)
800,000
25,000
Real estate (P1,000,000 + 500,000) ________ 1,500,000
Gross estate 5,825,000 1,500,000 7,325,000
Deductions:
Ordinary -
Unpaid mortgage P 120,000
Total 120,000 (120,000)
Special:
Family home (2,500,000)
Standard deductions (5,000,000)
Net estate -
Share of surviving spouse (5,825,000 –
120,000) x 1/2
2,852,500
Net taxable estate -_______
Estate tax due 0
QUESTION No. 2
• Mr. MatiasPunla, filipino, resident of Quezon City died on
December 31, 2015. He was survived by his wife, and three (3)
children. An inventory of his estate as of December 31 shows
the following:
• Real estate:
Real estate:
Commercial land, 400 sq.m. with FMV of P 1,400,000
Residential land, 500 sq.m. with FMV of 250,000
Residential house, with FMV of 1,300,000
Fishpond, 2 hectares with FMV of 280,000
Personal property:
Motor vehicle, with FMV of 160,000
Time deposit with the PNB 90,000
Other personal properties 800,000
Continued…
QUESTION No. 2
The commercial land, 400 sq.m. is the exclusive property of the
decedent and is pledged as a collateral to a mortgage loan from the
PNB obtained on April 1, 2015 in the total amount of P200,000 at
18% per annum. The loan and accrued interest are not paid at the
date of death of the decedent. The rest of the estate are conjugal.
The residential land and the residential house (which pertains to
the family home) are mortgaged at the Metrobank for P300,000.
The unpaid balance of the mortgage loan on December 31 per
certificate of the bank is P220,000. The actual funeral expense is
P55,000 and the judicial expense is P15,000.
REQUIRED: Prepare a statement showing the gross estate and
deductions and the amount subject to estate tax as of December 31.
Solutions: No. 2
Conjugal Exclusive Total
Commercial land 1,400,000
Family home (250,000 + 1,300,000) 1,550,000
Fishpond 280,000
Motor vehicle 160,000
Time deposit, PNB 90,000
Other personal properties 800,000 ________
Total 2,880,000 1,400,000 4,280,000
Deductions:
Ordinary -
Unpaid mortgage, commercial land 200,000
Claim against the estate(200,000 x
27,000
18% x 9/12)
Unpaid mortgage, family home 220,000
Funeral expenses 55,000
Judicial expenses 15,000 (517,000)
Continued…
Solutions: No. 2
Conjugal Exclusive Total
Special -
Standard deductions (1,000,000)
306,500 x 8% 24,520
CONTINUED
Solution No. 3
Community properties: Exclusive Community Total
Special -
Family home (1,900,000/2) (950,000)
Standard deduction (5,000,000)
Net estate 7,565,000
Less: Share of surviving spouse
Gross conjugal 13,930,000
Less: Community deductions 415,000
Net 13,515,000
Share (13,515,000 x 1/2) 6,757,500
Net estate subject to tax 807,500
Estate Tax Due 48,450
• THANK YOU!
QUESTION No. 4
Minerva, single but head of family, a resident of Cagayan de Oro
City, died, leaving the following properties and obligations:
House and lot in Cagayan de Oro, used as family home 1,500,000
Proceeds from Philamlife insurance, payable to her mother as the irrevocable 300,000
beneficiary
Share of stock of E.T. Company, 5,000 shares, par value P80 per share. The shares were traded in
the stock exchange at the time of death as follows: Highest-P110; Lowest-P105
Continued…
QUESTION No. 5
The land was inherited by Jerry from his wife who died 2 ½
years prior to his death. At the time of her death, the property
was valued at P420,000 and subject to a mortgage of P100,000
of which P30,000 was paid until his death.
The car was borrowed from a friend and was used by him
without returning it until his death. It was registered in the
name of the friend.
• The entire accrued taxes on salary were withheld by the
employer and remitted to the Bureau of Internal Revenue.
Total 252,000
Limit (2,000,000 x 5%) 100,000
Continued…
Solution No. 5
Community properties: Exclusive Community Total
Judicial expenses 5,000
Loans 80,000
Unpaid mortgage (100,000 – 30,000) 70,000
Vanishing deduction (Schedule 1) 204,165 ( 459,165)
Special
Standard deduction (1,000,000)
Medical expenses ( 15,000)
Net estate subject to tax 525,835
Tax on P500,000 P15,000.00
25,835 x 8% 2,066.80
Estate tax 17,066.80
Continued…
Solution No. 5
Community properties: Exclusive Community Total
Schedule 1: Vanishing Deduction
P420,000
Lower Value
30,000
Less: Mortgage paid
390,000
Initial Basis
Less: Deduction (pro-rated)
Funeral expenses 100,000
Judicial expenses 5,000
Loans 80,000
Unpaid mortgage 70,000
Total 255,000
(390/2,000) x 255,000 49,725
Base 340,275
Rate 60%
• Two years and four months prior to his death, the 400 square
meters land (a) and the commercial building (b) had fair market
value of P600,000 each and was mortgaged at P200,000. This
mortgage was claimed as deduction from the gross estate of the
deceased father and was paid by Mr. Lopez during his lifetime.
The fair market value of the motor vehicle, car as of both date
of death is the same.
Continued..
QUESTION No. 6
The following were claimed as deductions from the
gross estate of Mr. Lopez:
Funeral expenses P 300,000
Judicial expenses 200,000
Mortgage payable (family home) 150,000
Continued…
Solution No. 6
Conjugal Exclusive Total
Special
Family home, maximum (1,000,000)
Standard deduction (1,000,000)
Net estate 3,652,500
Less: Share of surviving spouse
2,225,000
(5,000,000 – 550,000) x ½
Net estate subject to tax 1,427.500
Continued…
Solution No. 6
Schedule 1: Computation of Vanishing Deduction / Property
previously taxed
Lower value:
Land P 600,000
Commercial building 500,000
Car 900,000
Total 2,000,000
Less: Mortgage paid 200,000
Initial basis 1,800,000
Less: Deductions (pro-rated) (1,800,000/7,200,000) x P 550,000 137,500
Base 1,662,500
Rate (more than 2 years, not more than 3 years) 60%
Vanishing deduction 997,500
END