DONOR’S TAX

CONSIDERATION: ACT OF LIBERALITY (Animus Donandi)

COMPLETED UPON THE RECEPIT OF THE DONEE

THE DONATION IS PERFECTED FROM THE MOMENT THE DONOR KNOWS OF THE ACCEPTANCE BY THE
DONEE (COGNITION THEORY) \

Donation inter vivos- during lifetime of the donor and the donee

Requisites:

- donor has capacity

-donative intent or animus donandi

-there must be delivery

- donee must accept during the lifetime of donor and donee (inter vivos)

SPECIFICALLY DISQUALIFIED BY LAW

- HUSBAND AND WIFE

Exception: moderate and given during family rejoicing
- THOSE WHO ARE GUILTY OF ADULTERY OR CONCUBINAGE

CLASSIFICATION OF DONORS

- Citizen and resident donors

*Resident citizen
*Non-resident citizen
- Non-resident alien donors

EXEMPTION OF CERTAIN GIFTS FROM DONOR’S TAX

- Gross gifts to the extent of the first P250,000 exempt from donor’s tax

Section 101, Tax Code

- Enumerates the donations which are exempt from donors

FORMALITIES OF DONATIONS

PERSONAL PROPERTY- MOVABLE PROPERTY (CAN BE ORAL OR WRITING), IF EXCEEDS 5,000, IT SHOULD
BE IN WRITING

REAL PROPERTY- IMMOVABLE PROPERTY (MUST APPEAR IN PUBLIC INSTRUMENT). ACCEPTANCE MAYBE
ON THE SAME INSTRUMENT OR ANOTHER WRITTEN DOCUMENT.
Exemption

 Donation to national gov

 Donation to agencies not for profit

 Donation to political subdivisions

1. Jan.30 2018 2M =105k

2. Mar. 30 1M=60k

3. Aug 1 500K=30k