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The administrator of a decendent's estate (head of the family) provided the following data:
Property
Domestic shares of 2,000 shares inherited 6 years ago 8,000,000
House and Lot, family home, located in Davao, inherited 2 years ago at a value of 1,500,000 2,000,000
Required
A.
Determine the following if the decendent was a Filipino citizen but a resident of Australia
Required 1: A.
Domestic shares of 2,000 shares inherited 6 years ago 8,000,000
House and Lot, family home, located in Davao, inherited 2 years ago 2,000,000
at a value of 1,500,000
Jewelry items in the Philippines at the time of death 400,000
Jewelry items kept in a vault abroad 200,000
Bank deposit in a Philippine branch of a US bank 5,000,000
Donation to the Philippine government as provided in his will 250,000
GROSS ESTATE P 15,850,000
Less: Operation Deduction
Claims against estate with the notorized debt instrument issued in 120,000
the Philippines
Donation to the Philippine government as provided in his will 250,000
Vanishing Deduction 1,171,987
Net Estate before Special Deduction P 14,308,013
Less: Special Deduction
Standard Deduction 5,000,000
Family Home 2,000,000
TAXABLE NET ESTATE P 7,308,013
× Estate Tax Due 6%
ESTATE TAX DUE P 438,481
Required 2: B.
Domestic shares of 2,000 shares inherited 6 years ago 8,000,000
House and Lot, family home, located in Davao, inherited 2 years ago 2,000,000
at a value of 1,500,000
Jewelry items in the Philippines at the time of death 400,000
Jewelry items kept in a vault abroad 200,000
Bank deposit in a Philippine branch of a US bank 5,000,000
Donation to the Philippine government as provided in his will 250,000
GROSS ESTATE P 15,850,000
Less: Operation Deduction
Claims against estate with the notorized debt instrument issued in 120,000
the Philippines
Donation to the Philippine government as provided in his will 250,000
Vanishing Deduction 1,171,987
Net Estate before Special Deduction P 14,308,013
Less: Special Deduction
Standard Deduction 5,000,000
Family Home 2,000,000
TAXABLE NET ESTATE P 7,308,013
× Estate Tax Due 6%
ESTATE TAX DUE P 438,481
The Philippine exclusive properties were all tangible personal properties. These included
a car, which was inherited 3 1⁄2 years before the present decedent’s death, and had a
fair market value of 500,000.
Required
LITe:
7,000,000/22,000,000 x 1,725,000
Allowable LIT = 548,863.63 or 548,864
Vanishing Deduction
Initial Value P 500,000
1st Deduction -
Initial Basis P 500,000
2nd Deduction (500,000/7,000,000 x 548,864) 39,205
Final Basis 460,795
Vanishing Rate 40%
VANISHING DEDUCTION P 184,318
PROBLEM 3
A donor made the following donations during 2018:
To Abel, a car worth 800,000
To Jen, a condominium worth 3,000,000 in Macau
To Gore, GJ Company shares (domestic corporation) amounting to 250,000
To Alexa, 100,000 worth of shares of stock of a resident foreign corporation where 90%
of its operation is in the Philippines
To Earl, a building in Singapore valued at 5,000,000 mortgaged for 2,000,000 assumed
by the donee
To Hannah, parcel of land in Isabela, 1,500,000
To Chen, 100,000 bank deposit in BPI
To Kristine, 100,000 bank deposit in Metrobank, US Branch
To Gavrie, 500,000 cash
The donor also made the following transfer of properties within the year:
Required
Determine the amount of Gross Gifts subject to donor’s tax assuming the donor is
1. Resident Citizen
2. Nonresident Citizen
3. Resident Alien
4. Nonresident Alien with Reciprocity
5. Nonresident Alien without Reciprocity
NAME RESIDENT CITIZEN NONRESIDENT CITIZEN RESIDENT ALIEN NONRESIDENT ALIEN WITH RECIPROCITY NONRESIDENT ALIEN WITHOUT RECIPROCITY
Abel P 800,000 P 800,000 P 800,000 P 800,000 P 800,000
Jen 3,000,000 3,000,000 3,000,000
Gore 250,000 250,000 250,000 250,000
Alexa 100,000 100,000 100,000 100,000
Earl 5,000,000 5,000,000 5,000,000
Hannah 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000
Chen 100,000 100,000 100,000 100,000
Kristene 100,000 100,000 100,000
Gavrie 500,000 500,000 500,000 500,000
Land 1 -
Land 2 -
Land 3 5,000,000 5,000,000 5,000,000
Car 200,000 200,000 200,000 200,000 200,000
GROSS GIFT P 16,550,000 P 16,550,000 P 15,550,000 P 2,500,000 P 3,450,000
NOTES:
1. The mortgage is being disregard because the only needed is a GROSS GIFT.
2. In the Land 1 there's a insufficient consideration but it was not subjected as Donor's tax but in Capital Gain Tax. Additional, Transferring of insufficient consideration for the Donor's tax purposes
is not taxable if the One's property is being donated will be classified as Capital Asset.
4. Lastly, Land 4 is a tranfer that has insufficient consideration but can be subjected to Donor's Tax because the property is not subjected in Capital Gain Tax. A Capital gain tax on real properties
are only applicable only on sale of a real properties that are located in the Philippines.