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March 12, 2022 January nag donate kana 1M.

So minus
250,000. Donate ka naman June 500k.
Estate tax is an excise tax imposed upon the
privilege of transmitting property at the time of CUMULATIVE
death and on the privilege that a person is
given in controlling to a certain extent the Add January 1M and June 500K minus 250k
disposition of his property to take effect upon exemption multiply 6% donor’s tax. Ang due
death. Estate tax laws rest in their essence subong, minus sang una gna payment sa
upon the principle that death is the generating donor’s tax.
source from which the taxing power takes its
being, and that it is the power to transmit or the Donor’s tax of husband and wife separate tax
transmission from the dead to the living on payers
which the tax is more immediately based
(Lorenzo v. Posadas, 64 Phil 353).
HUSBAND AND WIFE CANNOT DONATE TO
--- ONE ANOTHER

Resident – within and without – estate tax


Non resident – within and without – estate tax
Resident - within and without – estate tax

Non resident alien – only within – estate tax

---

Included: All properties real personal


intangibles

What are not included:

Special power of appointment. Ginhambalan ni


A si B nga makadto kay C maski indi pa
relative. Fideicommissary substitution.
Excluded from estate of B.

General power of appointment. Maski sino lang


ihatag ni B ang property.

Kung napatay si A and B, should we include


the property in the estate of B?
Yes, include sa estate ni B.

DONOR’S TAX
First 250,000 is exempted from donor’s tax

Ways to escape payment of donor’s tax


400,000 – 250,000 = subject to donor’s tax of
6% (9,000)

1. Splitting of gifts
- Donate portions in order to escape
donor’s tax for one taxable year

What if you have multiple gifts in a year? How


do you pay the donor tax?
Because the payment is within 30 days within
your donation.
So mabayad ka gid donors tax within 30 days
para wala penalty.

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