Estate Tax Regulations in the Philippines

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Estate tax accrues at the time of the decedent's death, separate from the obligation to pay.

True (A)

For real property valuation in gross estate, the value is the higher of the fair market value determined by the barangay or the fair market value shown in the schedule fixed by city assessors.

False (B)

Amounts withdrawn from deposit accounts of a decedent are always included in the gross estate for estate tax calculation.

False (B)

A claim against the estate is deductible if it was condoned by the debtor but not if the action to collect from the decedent has prescribed.

<p>False (B)</p> Signup and view all the answers

For substantiating a simple loan as a deduction from the gross estate, a duly notarized debt instrument is required, regardless of the lender's status.

<p>False (B)</p> Signup and view all the answers

If a loan was contracted within three years prior to the death of the decedent, a statement under oath is required reflecting the disposition of the loan proceeds.

<p>True (A)</p> Signup and view all the answers

Unpaid taxes at the time of death, including income tax upon income received before death, are deductible from the gross estate.

<p>False (B)</p> Signup and view all the answers

Losses due to shipwreck are only deductible from the gross estate if they are compensated for by insurance.

<p>False (B)</p> Signup and view all the answers

If a mortgaged property is part of the gross estate, verification is made to confirm who received the loan proceeds.

<p>True (A)</p> Signup and view all the answers

Property previously taxed can be deducted fully if the prior decedent died within one year, or the property was transferred by gift within the same period.

<p>True (A)</p> Signup and view all the answers

For property previously taxed deductions to be allowed, the estate tax must have been paid for the estate of the prior decedent.

<p>True (A)</p> Signup and view all the answers

For family home deductions, the family home must be the actual residential home of the decedent and his family at the time of death, whether or not certified by the Barangay Captain.

<p>False (B)</p> Signup and view all the answers

The net share of the surviving spouse in the conjugal property is included to calculate the value of a Net Estate.

<p>False (B)</p> Signup and view all the answers

The estate tax return must always be filed within two years from the decedent's death.

<p>False (B)</p> Signup and view all the answers

Even with an extension, any amount paid for estate taxes after the statutory due date is subject to both interest and a surcharge.

<p>False (B)</p> Signup and view all the answers

Signup and view all the answers

Flashcards

Estate Tax Governing Law

Estate taxation is governed by the statute in force at the time of death of the decedent.

Gross Estate

Composed of all properties and interests at the time of death, including revocable transfers and transfers for insufficient consideration.

Valuation of Gross Estate

Properties are valued at their fair market value as of the time of the decedent's death.

Valuation of Shares of Stocks

For shares listed, it's the arithmetic mean of the highest and lowest quotation nearest the date of death. Unlisted common and preferred shares are valued based on their book value and par value, respectively.

Signup and view all the flashcards

Net Estate Computation

The net estate is calculated by deducting allowable deductions from the gross estate.

Signup and view all the flashcards

Standard Deduction

A deduction of ₱5,000,000 is allowed without the need for substantiation.

Signup and view all the flashcards

Claims Against the Estate

These represent personal obligations of the deceased at the time of death, contracted in good faith.

Signup and view all the flashcards

Requisites for Deductibility of Claims

Must not be condoned by the creditor or prescribed.

Signup and view all the flashcards

Property Previously Taxed

Tax must be finally determined and paid by the donor or prior decedent.

Signup and view all the flashcards

Family Home

It is the dwelling house where the family resides, certified by the Barangay Captain.

Signup and view all the flashcards

Family Home Deduction Limit

Deduction is limited to the current fair market value or the extent of the decedent's interest, capped at ₱10,000,000.

Signup and view all the flashcards

Net Share of Surviving Spouse

This deduction ensures only the decedent's interest is taxed.

Signup and view all the flashcards

Estate Tax Return Filing Deadline

This is the date to file an estate tax return from date of death.

Signup and view all the flashcards

Time of Payment

The estate tax should be paid at the time the return is filed.

Signup and view all the flashcards

Donor's Tax for Community Property

If the donor only signed one document and the donated property is conjugal or community, there is only one donor for donor's tax purposes.

Signup and view all the flashcards

Study Notes

Revenue Regulations No. 12-18

  • These regulations consolidate the rules governing estate and donor's taxes, incorporating amendments from the TRAIN Law, and repealing RR No. 2-2003.

Rate of Estate Tax

  • The net estate of any decedent is subject to an estate tax of 6%.

Estate Tax Imposition

  • Estate taxation is governed by the statute in force at the time of the decedent’s death.
  • The estate tax accrues at the time of death and succession occurs.
  • Tax rates and procedures apply to the estates of those who died on or after the TRAIN Law's effectivity date.

Composition of the Gross Estate

  • The gross estate includes properties and interests at the time of death.
  • It also includes revocable transfers and transfers for insufficient consideration.

Valuation of the Gross Estate

  • Properties are valued at their fair market value at the time of the decedent’s death.
  • For real property, the appraised value is the higher of the fair market value determined by the Commissioner or the value in the schedule fixed by provincial and city assessors.
  • For shares of stock, the fair market value depends on whether they are listed or unlisted.
  • Unlisted common shares are valued at book value.
  • Unlisted preferred shares are valued at par value.
  • Appraisal surplus is not considered and RR No. 06-2013 provisions do not apply.
  • For listed shares, the fair market value is the arithmetic mean between the highest and lowest quotation nearest the date of death.
  • The fair market value of club participation units is the bid price nearest the date of death.
  • To determine the value of usufruct, use or habitation, as well as that of annuity, the right's probable life is taken into account in accordance with the latest basic standard mortality table approved by the Secretary of Finance.

Net Estate Computation

  • For citizens or resident aliens of the Philippines, the net estate is determined by deducting certain items from the gross estate's value.

Standard Deduction

  • A standard deduction of P5,000,000 is allowed without substantiation for the decedent's benefit.

Claims Against the Estate

  • "Claims" generally refer to debts or demands of a pecuniary nature enforceable against the deceased during their lifetime.
  • Claims can arise from Contract, Tort, or Operation of Law.

Requisites for Deductibility of Claims

  • The liability must represent a personal obligation of the deceased at the time of death.
  • The liability was contracted in good faith and for adequate consideration.
  • The claim must be valid in law and enforceable in court.

Indebtedness

  • Indebtedness must not have been condoned by the creditor or prescribed.

Substantiation Requirements

  • All unpaid obligations of the decedent at the time of death are allowed as deductions from the gross estate.
  • Required documents must be submitted.

Simple Loan (Including Advances)

  • A debt instrument like a promissory note or contract must be notarized when incurred.
  • Financial institutions are exempt from notarization if it's not part of their policy.
  • A notarized certification from the creditor is needed for the unpaid balance, including interest as of death.
  • If the creditor is a corporation, the sworn certification should be signed by the President, Vice-President, or other principal officer.
  • If the creditor is a partnership, the sworn certification should be signed by any of the general partners.
  • If the creditor is a bank, the Certification shall be executed by the branch manager of the bank which monitors the loan.
  • The one who certifies must not be a relative of the borrower within the fourth civil degree except when certain requirements are met.
  • A copy of the promissory note must be filed with the RDO having jurisdiction over the borrower within fifteen days of the execution thereof if the lender is a relative of the debtor of a certain degree.
  • In existing internal revenue issuances, provide proof of financial capacity to lend and a balance sheet demonstrating the unpaid balance of the decedent-debtor.
  • A statement under oath, executed by the administrator, must reflect the disposition of the loan proceeds, if contracted within three years prior to the death of the decedent.

Purchase of Goods or Services

  • Pertinent documents such as sales invoices, delivery receipts, services agreed to be rendered as acknowledged by the debtor, and statements of account are to be submitted.

Court Settlement

  • In testate/intestate proceedings, pertinent documents filed with the Court evidencing the claims against the estate, and the Court Order approving the said claims are additionally submitted.

Mortgages Payable

  • If unpaid mortgage payable is being claimed, verification must be performed to determine as to who the beneficiary of the loan proceeds may be.
  • If the proceeds went to another party, the value of the loan must be included as a receivable of the estate.

Property Previously Taxed

  • An amount is equal to the specified value of any property in gross estate situated in the Philippines which was of a person who died within 5 years from the death.

Family Home

  • An amount equivalent to the lesser of current fair market value of the family home or P10,000,000 is to be deducted.

Definition of Family Home

  • The dwelling house, including the land on which it is situated, where the husband and wife, or a head of the family, and members of their family reside, as certified to by the Barangay Captain of the locality.
  • A person can only constitute only one family home.
  • Actual occupancy isn't considered interrupted or abandoned due to temporary absences for travel, studies, or work abroad.

The Beneficiaries of a family home are:

  • The husband and wife, or the head of a family.
  • Their parents, ascendants, descendants, including legally adopted children, brothers and sisters, whether the relationship be legitimate or illegitimate.

Proper Presentation of Family Home

  • Presents the manner of deducting family home, standard deduction, and other allowable deductions.

Estate tax returns are to be filed

  • Must be supported by a statement duly certified to by a Certified Public Accountant.

Rate of Donor’s Tax

  • Shall be six percent (6%) computed on the basis of the total gifts in excess of Two Hundred Fifty Thousand Pesos (P250,000 exempt gift made during the calendar year.

Exempt Gifts:

  • Gifts made to or for the use of the National Government.
  • Gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser