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Quiz Number 2: February 17, 2021 gratuitous transfer of property whether movable or

immovable.
TRUE or FALSE: Write TRUE if and only if the statement 18.The law in force at the time of signing the deed of
is absolutely TRUE. If not, write FALSE and the word/s donation shall govern the imposition of the donor’s
that make/s the statement false. tax.
19. Any contribution in cash or in kind to any candidate
1. The estate of a non-resident alien decedent who or political party or coalition of parties for campaign
died last Valentines Day is allowed to claim funeral purposes, duly reported to the COMELEC, is not
and judicial deductions unlike resident citizen subject to the payment of any gift tax, thus, exempt
decedent. from donor’s tax.
2. Also, the abovementioned non-resident alien 20.General renunciation by an heir of his share in the
decedent may not claim a standard deduction. inheritance is not subject to donor’s tax.
3. The share of the surviving spouse is included in the 21. The renunciation of the surviving spouse of the
computation of the decedent’s interest in the share in the conjugal partnership or absolute
estate. community is not subject to donor’s tax except if
4. An estate Tax credit on the estate taxes paid in a the renunciation is general.
foreign country is allowed in the Philippines 22.In transfers for less than adequate and full
5. The Executor or administrator of the decedent must consideration in money and money’s worth is an
inform the BIR of the fact of death of the decedent. example of indirect donation where animus
6. The estate tax return need be filed if the gross value donandi of the party should be ascertained.
of the estate is less than P200,000.00. 23. Shares of stock not traded in the stock exchange
7. A certification by a certified public accountant is sold for less than its fair market value, the excess of
required as a supporting document to the estate tax the fair market value over the selling price shall be
return when the gross value of the estate exceeds treated as a gift subject to donor’s tax.
two million pesos. 24. For Donor’s Tax, the tax for each calendar year shall
8. Under the TRAIN Law, the deadline for filing of be 6% computed on the basis of the total gifts in
estate tax return is extended from 6 months to one excess of 250,000.
year from the date of death of decedent. 25.The reciprocity rule only applies to a non-resident
9. The statutory deadline for the payment of the alien donor and only on his personal properties
estate tax is also extended from six months to one located in the Philippines.
year from the date of filing the estate tax return. 26.Real property is as a gift is valuated on its fair
10. The Commissioner can extend the payment of market value as shown in the schedule of values
Estate Tax for a period not exceeding five years. fixed by the provincial or city assessors.
11. No interest or surcharge may be imposed for any 27.Exemption from donor’s tax of dowries made on
amount paid after the statutory due date of tax but account of marriage and before its celebration or
within the extension period. within one year thereafter is no longer exempt as it
12.For payment by installment in case the available was removed by the passage of TRAIN Law.
cash of the estate is insufficient to pay the total 28.Gifts in favor of educational and/or charitable,
estate tax due, payment shall be allowed within 2 religious, cultural or social welfare corporation,
years from the statutory date for its payment institution, accredited NGO, trust or philanthropic
without civil penalty and interest. organization, or research institution or organization
13.The place of filing the estate tax return is the RDO are exempt from donor’s tax. Provided, that the
where the decedent was domiciled at the time of done does not use more than 30% of the gifts for
his death. administration purposes.
14.The administrator of the estate or any one of the 29. Gifts made to or for the use of the National
heirs of the decedent may upon authorization of the Government or any entity created by any of its
Commissioner, withdraw and amount not agencies are exempt from Donor’s tax.
exceeding 20,000 pesos. 30.When the property donated is the subject of an
15. A donation of immovable property must be in a encumbrance, the amount of unpaid encumbrance,
public instrument to be valid except when the value is deductible to the gross gift.
of the property is less than P 5,000.00.
16. Donor’s Tax is a tax levied, assessed, collected, and
paid upon the transfer of any person, resident or
non-resident, of the property by gift inter vivos.
17.Unlike the estate tax, which is an excise tax, Donor’s
tax is a property tax considering it is a tax on the

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