Introduction to Transfer Taxes: Definition and Concepts

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Questions and Answers

What is the subject matter of a transfer tax?

  • Privilege of the transferor to gratuitously transfer property or rights (correct)
  • Privilege of the transferee
  • Ownership of the property
  • Value of the property

Who is liable to pay Donor's Tax?

  • Donee
  • Donor's creditors
  • Donor's beneficiaries
  • Donor (correct)

When does Estate Tax accrue?

  • At the time of property transfer
  • Date of death of the decedent (correct)
  • At the time of donation
  • Annually

In which type of transfer tax is the timing of valuation of donation based on the date of death?

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

Which party is liable to pay Estate Tax?

<p>Executor (D)</p> Signup and view all the answers

Which law governs the imposition of Estate Tax?

<p>The law in force at the time of the decedent's death (C)</p> Signup and view all the answers

What is the difference between lineal consanguinity and collateral consanguinity?

<p>Lineal consanguinity involves persons descended/ascended in a direct line, while collateral consanguinity involves persons with the same ancestors but not descending/ascending from one another. (A)</p> Signup and view all the answers

In the context of consanguinity, what does affinity refer to?

<p>The connection existing due to marriage between each spouse and the kindred of the other. (C)</p> Signup and view all the answers

How is the proximity of relationships determined in terms of degrees?

<p>By the number of generations; each forming a degree. (C)</p> Signup and view all the answers

Under what category do surviving spouses fall in terms of priority in estate distribution?

<p>They fall under the category of state or government beneficiaries. (C)</p> Signup and view all the answers

What is the main distinction between legitimate and illegitimate children in the context of inheritance?

<p>Legitimate children inherit more than illegitimate children. (A)</p> Signup and view all the answers

What relationship does i.Collateral consanguinity describe?

<p>Relations among persons with common ancestors but not descending/ascending from one another (D)</p> Signup and view all the answers

What is the nature of donor's tax?

<p>An act of liberality involving gratuitous disposal of property (C)</p> Signup and view all the answers

When is a donation considered to be perfected?

<p>Upon donor's knowledge of donee's acceptance (B)</p> Signup and view all the answers

What must occur for a completed gift in donation?

<p>Acceptance by the donee and delivery of the gift (A)</p> Signup and view all the answers

Which element is necessary for a donation but refers to the power to transfer ownership without consideration?

<p>Donative intent by the donor (A)</p> Signup and view all the answers

What is the motive or purposes classification of donation based on?

<p>The time when the donation takes effect (A)</p> Signup and view all the answers

What determines if a donor is capacitated to make a donation?

<p>Their ability to contract and dispose of their property (B)</p> Signup and view all the answers

What is the period for settlement of the estate for an incurred indebtedness to be considered deductible?

<p>Within 1 year from the date of death (B)</p> Signup and view all the answers

Which of the following is NOT a criterion for indebtedness or claims against the estate to be deductible?

<p>Must have been condoned by the creditor (D)</p> Signup and view all the answers

What type of obligations may arise out of Contract, Tort, or Operation of Law for claims against the estate?

<p>Contract, Tort, or Operation of Law (D)</p> Signup and view all the answers

What is the substantiation requirement for a simple loan or advance as an incurred indebtedness?

<p>Notarized debt instrument (Promissory Notes, Loan Contract) (A)</p> Signup and view all the answers

Which condition must be met for an indebtedness contracted by the deceased to be deductible?

<p>Indebtedness must represent a personal obligation existing at the time of death (D)</p> Signup and view all the answers

In what situation are deductions allowed when a decedent leaves property encumbered by a mortgage or indebtedness?

<p>When the debts were contracted in good faith and for adequate and full consideration (D)</p> Signup and view all the answers

What is the main mode of acquiring ownership of property through a deceased person?

<p>By tradition (C)</p> Signup and view all the answers

Which type of transfer takes effect during the lifetime of both the donor and the donee?

<p>Donation inter vivos (C)</p> Signup and view all the answers

When does a donation mortis causa take effect?

<p>At the time of death of the donor (B)</p> Signup and view all the answers

What is the main characteristic of a gratuitous transfer?

<p>No consideration involved from transferee (C)</p> Signup and view all the answers

Which of the following is NOT a mode of acquiring ownership as mentioned in the text?

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

When does tradition occur according to the text?

<p>By will or operation of law (B)</p> Signup and view all the answers

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