Estate Tax 3
Estate Tax 3
Estate Tax 3
Estate Tax
ATTY. MACMOD, C.P.A.
2020 Edition
TAX TABLE
The estate tax shall be computed on the basis of the value of the net estate in accordance with
following graduated rates (effective Jan. 1, 1998) *Effective Jan. 01, 2018, under TRAIN Law, the rate
shall be 6%.
If the net estate is:
1._______________ a mode of transferring and acquiring ownership, rights, interest and obligations from
a dead individual.
2._______________ refers to all property rights and obligations of a person which are not extinguished
by his death and also those which accrued thereto since the opening of succession; subject matter of
succession.
3._______________ a person whose property is transmitted thru the succession whether or not he left a
will.
4._______________ a person whose property is transmitted thru succession with a will.
5._______________ a person called to the succession either by a will or by provision of law.
6.______________ a person who inherits personal or movable property by a will.
7._______________ a document wherein in his handwriting an individual makes known his wishes
concerning the disposition of his estate after his death.
8._______________ the person to whom the property or property rights is transferred.
9._______________ a person appointed by a testator to carry out the provisions of the will.
10._______________ a person appointed by the court in the absence of an executor.
11._______________ one carried out according to the wishes of the testator to express in a will executed
in a form prescribed by the law (voluntary).
12._______________ one that takes place by operation of law (involuntary).
13._______________ succession affected party by will and partly by operation of law.
14._______________ tax imposed upon gratuitous transfer of properties.
15._______________ portion of the estate reserved to the compulsory heirs.
Formula for computation of TNE:
1. Decedent single
Gross estate P xx
Less: Allowable deductions xx
Taxable net estate Pxx
Estate tax due (0%-20%) P xx
2. Decedent married
Gross estate
Exclusive of the decedent P xx
Common property of the couple xx P xx
Allowable deductions
From exclusive property xx
From common property xx xx
Net estate before share of surviving spouse xx
Less: Share of surviving spouse xx
Net estate before special deductions xx
Less: Deduction for family home/medical exp./s.deductions xx
Taxable net estate P xx
Estate tax due (0%-20%) P xx
*Computation of the share of surviving spouse
Gross common property of the H & W P xx
Less: Deductions from common property xx
Net xx
Divided by 2
Share of the surviving spouse P xx
Estate tax due P xx
*Deduct estate tax credit for the tax paid abroad xx
Estate tax still due P xx
*Formula for estate tax credit:
Under Limitation (used it only 1 foreign country is involved: By country limitation.)
Note: If there are 2 or more FC’s both limitations (A &B) should be used, then get whichever is lower between
the two as the final allowable tax credit.
EXEMPTIONS AND EXCLUSIONS FROM THE GROSS ESTATE
4. What is the time for filing of the estate tax return? It is extendable?
It shall be filed within one (1) year after the decedent’s death. In meritorious cases, the BIR
Commissioner may give a reasonable extension of the time, not exceeding 30 days.
5. Where and to whom it should be filed?
The return shall be filed with the RDO, collection agent or duly authorized treasurer of the
municipality (or city) in which the decedent was domiciled at the time of his death, or if there be no
legal resident in the Philippines, the with the Office of the BIR Commissioner.
6. When should the estate tax be paid?
At the time the return is filed by the executor, administrator or the heirs. (Pay as you file system)
7. May the time for payment be extended?
Yes, in meritorious cases, if payment of such tax should cause undue hardship upon the estate or
any of his heirs, the BIR Commissioner may extend the time as follows:
a. If the estate is settled through the courts (juridically) – 5years.
b. If the estate is settled through extra-juridically – 2 years.
8. Who is liable to pay the estate tax?
It shall be paid by the executor or administrator before delivery to any beneficiary of his
distributive share of the estate. Such beneficiary shall be subsidiary liable for the
payment of such portion estate tax as his distributive share bears to the value of the total net
estate.
9. What if there is no executor or administrator appointed or qualified?
Any person in actual or constructive possession of any property of the decedent.
10. Is the tax a personal liability of the administrator or executor?
Yes, under Section 85 of NIRC
11. May he be discharged from such personal liability? How?
Yes, by making a written application to the BIR Commissioner for the determination of the
estate tax and his discharge from personal liability. He shall thereafter be notified by the BIR
Commissioner and upon payment of the amount of which he is notified, he shall be
discharged from such personal liability and shall be entitled to a receipt or writing showing
such discharge.
12. May a judge allow the execution or administrator to deliver a distributive share to an heir at
anytime?
No, unless the executor or administrator can show a certification from the BIR that the estate
tax has been paid.
EXERCISES/PROBLEMS
A. State the amount of allowable deductions from the gross estate in each of the
following:
1._______________ Gross estate of P8,000,000 and funeral expenses of P250, 000.
2._______________ Unpaid taxes of the decedent P3M, 25% of w/c accrued after death
already.
3._______________ Receivable of P75,000 from an insolvent debtor whose ratio of assets
to liabilities is 1:3
4._______________ Hospitalization expenses until death: P3,000,000, 50% incurred 1 yr.
Prior to death but only ½ of which is supported by receipts.
5._______________ Expenses for the probate of a will including P10,000 facilitation fee for
a court personnel, P100,000: amount paid to broker to convert
some property in the estate to cash as authorized by the court P50,000.
6.______________ P75,000 indebtedness with interest at 20% p.a. contracted
3months before death, not notarized and a deed of mortgage P20,000, contracted 6
months before death at 24% p.a.
7.______________ P100,000 note payable notarized earning 18% p.a. dated
September 30, 2014. Decedent died March 15, 2015.
8. ______________ A conjugal family house with FMV of P900,000 and exclusive
family lot worth P500,00 owned by the decedent.
9.______________ Loss by fire of building worth P1M 5 months after decedent’s
death, 75% compensated by insurance. Estate was settled in the 6th month.
10._____________ Transfer for public purposes made inter vivos, P1M.
11._____________ A land worth P1M when inherited 4 ½ years ago by the decedent from his
father with mortgage of P200,000, 60% of which was paid by the decedent
before he died . FMV of land upon deathP1,500,000. Gross estate is P8M and deductions
reached P750,000 40% of which represents ELIT & TPP. Compute for VD only.
12._____________ Loss of car by theft, occurring 8 months after the decedent death, value of
car P300,000, 60% to be paid by insurance.
13._____________ Transfer for public purposes donated by the decedent to Manila City Hall
(shown in the will) P200,000.
14._____________ Unpaid mortgage of P200,000 on a P1,1000,000 house shown in the gross
estate net of the P200,000 mortgage.
B. Determine whether the following properties are conjugal/community or exclusive
ACP CPG
1. Property acquired before marriage
a. By onerous Title
a. By gratuitous Title
1. Income from 2-a earned during marriage
2.The property, rights & obligations of a person which are not extinguished by his death &
those which have accrued thereto since the opening of succession.
a. Inheritance c. Estate
b. Capital d. Devisee
19. A died leaving a house and lot to B March 31, 2018 which was questioned by C and it
is under litigation but the parties have stated an extra-judicial settlement. The last day for
filing the estate tax return is
a. April 30, 2019 c. September 30, 2019
b.April 30, 2019 d. March 31, 2019
20. The last day for the payment of estate tax may be extended, until;
a. March 31, 2020 c. September 30, 2020
b. September 30, 2021 d. March 31, 2021
21. The taxpayer in estate tax is:
a. The decedent
b. The estate as a juridical entity
c. The heirs or succession
d. The administrator or executor
24. 1st statement: A died giving B power to appoint a person who will inherit A’s house and lot. B,
however can only choose among C, D and F. B decided to transfer the property to C, in B’s will when he
was old already. The transfer from B to C is subject to estate tax.
2nd statement: During A’s lifetime, he decided to give B as gift his (A) car subject to the condition that if
B does not become a CPA within 3 years. A shall revoke the transfer. In the second year however, A
died. The car should form part of A’s gross estate.
a. True, True c. True, False
b. False, False d. False, True
25. A died leaving a farm land, In his will, he transferred the ownership thereof to B but subject
to the condition that C will have the right to use the land for a period of ten years (Usufruct)
in the seventh year, however, C died and C’s will be surrendered his over the land to B.
a. The transfer is subject to donor’s tax
b. The transfer is subject to estate tax
c. The transfer is both an inclusion and exclusion from the gross estate
d. The above is a tax-exempt transfer.
26. One of the following is not an exemption or exclusion from the gross estate:
a. Capital or exclusive of the surviving spouse
b. Properties outside the Philippines of non-resident Chinese decedent
c. Shares of stocks of San Miguel Corporation of a non-resident Mexican.
d. The merger of usufruct in the owner of the naked title
Questions 27 through 30 are based on the following information:
29. If in the preceding number, reciprocity law can be applied the gross estate is:
a. P1,050,000 c. P1,250,000
b. P945,000 d. P1,070,000
30. Based on the original problem but assuming the PLDT shares of stocks (PLDT) are not listed in
the Local Stock Exchange,& there are 1,000 shares at the time of death, the company’s
outstanding shares were 10,000 shares. Its retained earnings was P2,000,000, par value per share
was P50/share. The gross estate should show the said shares at:
a. Still at P75,000 c. P200,000
b. P250,000 d. P0
Questions 31 & 32 are based on the following information:
32. If the decedent is a non-resident alien and his country does not impose
transfer tax on any intangible properties left by a Filipino decedent, his gross
estate is:
a. P5,350,000 c. P6,500,000
b. P5,300,000 d. P6,000,000
33. 1st statement: A note payable contracted 11 yrs. ago is a deduction from the gross estate if
notarized.
2nd Statement: To be deductible, medical expenses must be paid within one year period before
death.
a. True, True c. True, False
b. False, False d. False, True
34. 1st Statement: A decedent OFW cannot claim Family Home deduction.
2nd Statement: The liability of the heirs for estate tax is solidary.
a. True, True c. True, False
b. False, False d. False, True
35.Purobuto, non-resident Japanese, died leaving the following:
Exclusive properties, Philippines P 5,600,000
Conjugal properties, Philippines 4,200,000
Conjugal properties, Abroad 18,200,000
Deductions claimed:
Funeral expenses 1,000,000
Judicial expenses 1,000,000
Unpaid liabilities, notarized 1,500,000
Losses: occurring 3 mos. After death due to fire (included above)
1,200,000
Donation mortis causa to Makati City Hall
1,800,000
Family Home (included above), located abroad
1,000,000
Standard deduction 1,000,000
The taxable net estate is:
a. P4,927,500 c. P4,427,500
b. P5,427,500 d. P3,427,500
The decedent was able to pay ½ of the unpaid mortgage on the land
before his death. The deductions are:
Expenses, losses, indebtedness, taxes (excluding the unpaid P1,400,000
mortgages above but including actual funeral expenses of
P300,000 and medical expenses of P600,000)
40. Based on the preceding number, the taxable net estate assuming the farm was
inherited 5 yrs ago:
a. P2,835,750 c. P2,750,000
b. b.P2,446,500 d. P2,550,000
41.Mr Kiliti, Filipino, married died leaving the following estate:
Car acquired before marriage by Mr. Kiliti
P 300,000
Car acquired before marriage by Mrs. Kiliti
450,000
House and lot acquired during marriage 1,500,000
Jewelries of Mrs. kiliti 100,000
Personal properties inherited by:
Mr. Kiliti during marriage 250,000
Benefits from SSS 50,000
Retirement benefits from a private firm 150,000
Proceeds of group insurance taken by his employer
75,000
Land inherited by the wife during marriage
1,000,000
Income earned from the land inherited by wife(25% of which was earned after death)
200,000
The gross estate under conjugal partnership of gain is:
a.P2,600,000 c. P1,950,000
b.P3,600,000 d. P2,200,000
43. Under the same problem, the gross estate under absolute community of
property is:
a.P2,600,000 c. P1,950,000
b.P3,600,000 d. P2,500,000
41.Mr. Malungkot died intestate on September 30, 2019. He is survived by his wife. An
inventory of the estate showed the following:
FMV tax
declaration Zonal Value
Exclusive estate of Mr. M
Commercial land 700 sq. m. P 850,000 P 900/sq. m.
Residential land 900 sq. m. 580,000 1,000/sq. m.
Conjugal estate:
Farm land, 800, sq. m. 1,300,000 700/sq. m.
Family Home 17,500,000
Car, Toyota 200,000
Other property 280,000
Death benefits (RA 4917) 200,000
On January 1, 2019, the commercial land was mortgaged at the Phil. National Bank
for P200,000 at 24% per annum. The residential house (certified family home is
mortgaged with unpaid balance of P330,000 as of the date of death). The 900 sq. m.
residential land is the family home’s lot. Actual funeral expenses amounted to
P250,000 but ½ of which is non-deductible. Medical expenses reached P600,000
but ¼ only was incurred with in 1 yr before death.
The gross estate is:
a.P4,280,000 c.P2,730,000 e. None
b.P4,480,000 d.P4,160,000
41.The total deductions excluding share of surviving spouse and special deduction is:
a.P655,000 c. P855,000 e. None
b.P891,000 d. P1,016,000