Professional Documents
Culture Documents
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Tel No. (02) 330-8617, (049) 523-6031; (02) 330-6057
CPA REVIEW (May 2020 Batch)
Tax Wency Medina Giron, CPA
Donation tax
Donor’s tax is a tax on a donation or gift, and is imposed on the gratuitous transfer of property between two or more persons who are living at the
time of the transfer. It shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect and whether the property is
real or personal.
Kinds of Donation:
1. Inter Vivos – donation between living individuals
2. Mortis Causa – takes effect upon the death of the donor
Types of Donor:
A. Citizen or Resident Alien
Properties transferred regardless of location (i.e.: within or outside the Philippines) is taxable under Donor’s Taxation.
B. Non-resident Alien
Only properties within the Philippines are subject to Donor’s Tax.
Types of Recipients:
1. Relatives – includes
a. brother or sister (whether half or whole blood), spouse, ancestor or lineal descendants
b. a relative by consanguinity in the collateral line within the fourth degree of relationship
2. Stranger – other than relatives
Note to candidates:
For purposes of donor’s tax, the degree of relationship considered is up to the 4th degree of consanguinity ; for estate tax purposes, up to the
5th degree of consanguinity .
Nature of Donation:
a. There is a transfer of properties (real or personal, tangible or intangible) directly or indirectly in trust or otherwise.
b. The transfer is gratuitous (without consideration).
c. The donation is made inter-vivos.
The following transfers, if without adequate or full consideration, are not within the scope of Donor’s Tax but within the scope of Estate Tax:
1. Revocable transfers
2. Transfers with reservation to the right to income of the property until death
3. Transfer with reservation to the right to the possession or enjoyment of the property until death
4. Transfer in contemplation of death – refers to transfers motivated by the thought of death not from motives associated with life
Transfers associated with life such as the following are not transfer in contemplation of death and hence taxable under Donor’s tax:
a. to relieve the donor of the burden of management of the property
b. to save income taxes
c. to make the children financially independent
d. to settle family disputes
e. to see the children enjoy the property while the donor still lives
5. transfer under general power of appointment
For example: educational, charitable, religious, cultural, social welfare, philanthropic organization, research institution and accredited non-
government organization.
Provided that, not more than 30% of said gifts are used by the above entities for administrative purposes (i.e.: to be verified by BIR)
3. Gifts made to or for the use of the National Government or any entity created by any of its agencies which is not conducted for profit
4. Other deductions:
a. Encumbrances on the property donated, if assumed by the donee
b. Those specifically provided by the donor as a diminution of the property donated
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500,000 1,000,000 14,000 6% 500,000
1,000,000 3,000,000 44,000 8% 1,000,000
3,000,000 5,000,000 204,000 10% 3,000,000
5,000,000 10,000,000 404,000 12% 5,000,000
10,000,000 - 1,004,000 15% 10,000,000
Note to candidates:
The amount of gift taxable represents the net benefit accruing to the donee. Net gifts as defined herein represents the net cumulative amounts of
gift for the whole calendar year; however, the donor’s tax thereon is paid quarterly based on net cumulative gift.
Filing Requirements:
A return under oath in duplicate which shall set forth the following:
a. each gift made during the calendar year which is to be included in computing net gifts
b. the deductions claimed and allowable
c. any previous net gifts made during the same calendar year
d. the name of the donee; and
e. such further information as may be required by rules and regulations made pursuant to law
DRILL PROBLEMS
1. Donations that do not conform to legal formalities are
a. Taxable under Donor’s tax notwithstanding absence for formalities
b. Exempt from Donor’s tax
c. Subject to Estate tax
d. Subject to income tax
2. Acceptance is essential for a valid donation to be subject to donor’s tax, except transfers
a. in trust by the donor in favour of a beneficiary
b. of business interest by the donor in favour of an stranger
c. for less than adequate consideration
d. by Filipino residents to non-resident aliens
6. Using the preceding number, the donation and acceptance should be in writing if the value of the property donated is
a. Less than P5,000 c. P5,000 or more
b. P5,000 or less d. More than P5,000
8. A donation which is intended by the donor to take effect during his lifetime
a. Shall be subject to donor’s tax using the tax table for donation
b. Shall be in writing if the value exceeds P5,000
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c. Donation inter-vivos
d. A, B and C
10. Which is correct regarding transfer inter-vivos involving personal properties for less than an adequate and full consideration?
a. The whole value of the property will be included in gross gift
b. The difference in fair value and consideration is a gift subject to donor’s tax
c. The whole value of the property will be included in gross estate
d. The difference in fair value and consideration is part of gross estate
For Nos. 11 through 19: Indicate whether covered by Donor’s Tax, Estate Tax or Income Tax:
11. A person transferred properties in trust in favor of another and the trust is irrevocably designated. ___________
12. A person transferred properties in trust in favor of another and the trust is designated as revocable. ___________
13. A person transferred properties in trust in favor of another and the trust is designated as revocable which the transferor failed to revoke by
the time of his or her death. ___________
14. A person transferred personal properties to another during his lifetime for less than adequate consideration. The transfer is to take effect
upon the death of the transferor ____________
15. A person transferred personal properties to another during his lifetime for less than adequate consideration. The transfer is to take effect
immediately ___________
16. A person transferred a real property classified as capital asset during his lifetime for less than adequate consideration. The transfer is to take
effect upon death ___________
17. A person transferred a real property classified as capital asset during his lifetime for less than adequate consideration. The transfer is to take
effect immediately ___________
18. A person transferred properties to another during his lifetime for an adequate consideration. __________
19. The following transfers are taxable under donor’s tax, except?
a. Transfers made by the donor to relieve himself of the burden of management of his properties
b. Transfers made by the donor to settle family disputes
c. Transfers made by a parent to see his children enjoy his properties while he still lives
d. Transfers under power of general appointment
20. Which is incorrect?
a. Donations of non-resident aliens involving properties located abroad to residents of the Philippines is exempt from donor’s tax
b. Renunciation of inheritance by an heir to another is not subject to donor’s tax
c. Donation by a non-resident citizen to a non-resident alien is exempt from donor’s tax
d. Gifts are reckoned on an annual basis; the tax is determined for the whole gift throughout the year; hence, a computation is made every
time a donation is made
23. Donation to the following entities is exempt from Donor’s taxation, except
a. Accredited national professional organization of certified public accountant (PICPA)
b. Integrated Bar of the Philippines
c. International Rice Research Institute
d. Ramon Magsaysay Award Foundation
24. I. Dowries or gifts made on account of family celebration, on or before its celebration, or within one year thereafter, by parents to each of
their legitimate, recognized natural or adopted children, to the extent of the first P10,000 shall be exempt from the donor’s tax
II. Donations in favour of an educational and or charitable, religious, cultural or social welfare corporation, institution, accredited non –
government organization, trust or philanthropic organization or research institution or organization provided that no amount of said gifts
shall be used by the donee for administration purposes shall be exempt from donor’s tax
a. True, true b. True, False c. False, True d. False, False
25. A. If the value of the movable property donated is P5,000 or more the donation and the acceptance shall be made in writing, otherwise the
donation shall be void
B. Regardless of the value of the immovable property donated, the donation and the acceptance shall be made in writing, otherwise the
donation shall be void.
a. True, True b. True, False c. False, True d. False, False
26. I. The gift is perfected from the moment the donor effects the delivery either actually or constructively of the property donated
II. Donor’s tax is a property tax imposed on the property transferred by the way of gift inter-vivos
a. True, True b. True, False c. False, True d. False, False
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27. I. Where property is transferred during lifetime for less than adequate and full consideration in money or money’s worth, then the amount by
which the value of the property exceeded the value of the consideration shall for the purpose of the donor’s tax, be deemed a gift
II. Gifts of conjugal property made by both spouses shall be considered as having been made one – half by the husband and the other half by
the wife and is taxable ½ to each donor spouse
a. True, True b. True, False c. False, True d. False, False
28. I. For purpose of the donor’s tax, second degree cousins are strangers to each other.
II. Encumbrance on the property donated, if assumed by the donor is deductible for donor’s tax purposes.
a. True, True b. True, False c. False, True d. False, False
29. I. As a rule, donation between husband and wife during the marriage is void.
II. Donation can be made to conceived or unborn children.
a. True, True b. True, False c. False, True d. False, False
30. 1st Statement: When the donee is a stranger, the tax payable by the donor shall be 30% of the net gifts.
2nd Statement: When the donee is a relative the tax payable by the donor shall be based on the scheduler rates of donor’s tax provided in
Section 99 of the Tax Code.
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
32. 1st Statement – A legally adopted child is entitled to all the rights and obligations provided by law to legitimate children, and therefore,
donation to him shall not be considered as donation made to stranger
2nd Statement – Donation made between business organization and those made between an individual and a business organization shall be
considered as donation made to a stranger
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
33. 1st Statement – Any contributions in cash or in kind to any candidate, political party or coalition of parties for campaign purposes, shall be
governed by the Election Code, as amended
2nd Statement – Any provision of law to the contrary notwithstanding, any contribution in cash or in kind to any candidate or political party or
coalition of parties for campaign purposes duly reported to the COMELEC shall not be subject to the payment of any gift tax
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
35. 1st Statement – The donor’s tax shall not apply unless and until there is a completed gift.
2nd Statement – The law in force at the time of the perfection/completion of the donation shall govern the imposition of the donor’s tax
38. A gift that is incomplete because of reserved powers, becomes complete when either:
I – the donor renounces the power; or
II – the right to exercise the reserved power ceases because of the happening of some event or contingency or the fulfillment of some
condition, other than because of the donor’s death
a. True in both I and II c. True in I only
b. Not true in both I and II d. True in II only
2nd – The law in force at the time of the completion of the donation shall govern the imposition of donor’s tax
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
41. 1st Statement – Husband and wife are considered separate and distinct taxpayers for purposes of the donor’s tax
2nd Statement – If what was donated is a conjugal or community property and only the husband signed the deed of donation, there is only one
donor for donor’s tax purposes, without prejudice to the right of the wife to question the validity of the donation without her consent
pursuant to the pertinent provisions of the Civil Code of the Philippines and the Family Code of the Philippines
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
42. 1st Statement – Any person making a donation (whether direct or indirect), unless the donation is specifically exempted under the Tax Code
or other special laws, is required, for every donation, to accomplish under oath a donor’s tax return
2nd Statement – The computation of the donor’s tax is on a cumulative basis over a period of one calendar year.
a. Both statements are correct c. Only the first statement is correct
b. Both statements are incorrect d. Only the second statement is correct
43. Which of the following information shall be set forth in the donor’s tax return?
I – Each gift made during the calendar year which is to be included in computing net gifts;
II – The deductions claimed and allowable
III – Any previous net gifts made during the same calendar year;
IV – The name of the donee;
V – Relation of the donor to the donee
VI – Such further information as the Commissioner require
a. All of the above c. I, II, III, and IV only
b. None of the above d. I, II and III only
45. Unless the Commissioner otherwise permits, the donor’s tax return shall be filed and the tax paid to the following where the donor was
domiciled at the time of the transfer
I – Authorized Agent Bank
II – Revenue District Officer
III – Revenue Collection Officer
IV – Duly authorized Treasurer of the city or municipality
a. I, II, III and IV c. I and II only
b. I, II, III only d. I only
46. When the donor has no legal residence in the Philippines, the donor’s tax return shall be file with
a. Authorized Agent Bank
b. Revenue District Officer where the donor is domiciled
c. Revenue Collection Officer where the donee is domiciled
d. Office of the Commissioner
47. In order to be exempt from donor’s tax and to claim full deduction of the donation given to qualified donee – institutions duly accredited by
the Philippine Council for NOG Certification, Inc. (PCNC):
I – The donor engaged in business shall give notice of donation on every donation worth at least P50,000 to the RDO which has jurisdiction
over his place of business;
II – The notice shall be given within thirty (30) days after the receipt of the qualified donee – institution’s duly issued Certificate of Donation,
which shall be attached to the said Notice of Donation, stating that not more than thirty percent (30%) of the said donations/ gifts for the
taxable year shall be used by such donee – institution for administration purposes
a. Yes to I and II c. Yes to I only
b. No to I and II d. Yes to II only
48 – 50 are based on the following: The following donations during the calendar year 2006 are made to relatives:
January 30, 2006 P2,000,000
March 30, 2006 1,000,000
August 15, 2006 500,000
48. How much is the tax due on the gift made on January30, 2006?
a. P204,000b. P124,000 c. P80,000 d. P50,000
49. How much is the tax due on the gift made on March 30, 2006?
a. P204,000b. P124,000 c. P80,000 d. P50,000
50. How much is the tax due on the gift made on August 15, 2006
a. P204,000b. P124,000 c. P80,000 d. P50,000
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51. On January 5, 2005, Daisy gave a piece of land to her brother – in – law who is getting married on February 14, 2005. The assessed value and
zonal value of the land were P750,000 and P1,000,000 respectively. The land had an unpaid mortgage of P200,000, which was not assumed by
the donee and an unpaid realty tax of P10,000 which was assumed by the donee. The brother – in – law agreed to pay the donor’s tax on the
donation which was roughly P297,000. How much was the donor’s tax due?
a. P297,000 b. P237,000 c. P43,400 d. P31,400
52 to 54 based on the following: Mr. Jose San Jose made the following cash donations to his legitimate son, 18 years old, who got married on
January 5, 2006:
Date of donation Amount
December 23, 2005 P5,000
January 5, 2006 3,000
January 5, 2007 10,000
52. How much was the exempt dowry on the gift made on December 23, 2005?
a. P10,000 b. P8,000 c. P5,000 d. None
53. How much was the exempt dowry on the gift made on January 5, 2006?
a. P10,000 b. P8,000 c. P5,000 d. P3,000
54. How much was the exempt dowry on the gift made on January 5, 2007?
a. P10,000 b. P8,000 c. P5,000 d. P2,000
55. Mr. Oscar Azucar donated the following cash donations to his legally adopted daughter, 30 years old, who got married on June 10, 2006:
56. Mr. Paolo Sao Paolo donated P50,000 cash to his favorite grandson who is getting married on June 16, 2007. For donor’s tax purposes the
exempt dowry shall be:
a. P50,000 b. P10,000 c. P5,000 d. None
57. Mr. Pantaleon de Leon donated a piece of land to his best friend , German La Germania. The land had an assessed value of P800,000 and
zonal value of P1,000,000 at the time of donation. It is also encumbered with an unpaid mortgage of P300,000 which shall be assumed by the
donee. In addition, the donee agreed to pay the applicable donor’s tax of P210,000. For donor’s tax purposes, how much shall be the total
deductions?
a. P510,000b. P300,000 c. P210,000 d. None
58. Mr. Nguyen Gandaipen, non – resident alien, donated a brand new car valued at P1,200,000 to his legitimate son who is getting married in the
Philippines. The son agreed to pay unpaid tax of P120,000 on the car. For Philippine donor’s tax of P210,000. For donor’s tax purposes, how
much shall be the total deductions?
a. P130,000b. 120,000 c. 10,000 d. None
59. Mr. George Jorge donated P500,000 to the City of Manila and P100,000 to his best friend who graduated summa cum laude. For donor’s tax
purposes how much shall be the:
Gross gifts Deductions
a. P600,000 P500,000
b. P500,000 P500,000
c. P600,000 P100,000
d. P500,000 P100,000
60. Ms. Josie Pruitt makes the following gifts in the year 2007:
• June 6, 2007 – P50,000 to Jaimee, acknowledge natural daughter on account of her marriage celebrated on June 8, 2006
• August 11, 2007 – A piece of jewelry purchased by Ms. Pruitt for P100,000 (but with a fair market value of P150,000 at the time of
donation) given to her husband
• October 12, 2007 – P50,000 to Maritz, her legitimate daughter, on account of her marriage on December 25, 2006
• December 25, 2007 – P20,000 cash donation to a non- profit philanthropic organization
The total taxable net gifts of Ms. Pruitt as of December 25, 2007 are:
a. P200,000b. P140,000 c. P90,000 d. P80,000
62. On January 5, 2004, Emma Crema, resident donor, made the following donations:
• To Crispina, recognized natural child, on account of forthcoming marriage, land in the Philippines valued at P310,000
• To Francisco, legitimate son, car in San Diego, California, USA valued at P500,000 (donor’s tax paid in USA, P20,000)
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For Philippine donor’s tax purposes, the donor’s tax due shall be:
a. P32,000 b. P20,000 c. P12,000 d. None
63. Mr. James Jayme, non – resident citizen donor, made the following donations on July 15, 2007:
• To Charles, a legally adopted child, on account of marriage on July 31, 2007, property in Indonesia (donor’s tax paid in Indonesia,
P70,000), fair market value, P510,000
• To Adjanto, best friend in the Philippines, a property with an unpaid mortgage of P30,000 assumed by the donee, fair market value,
P230,000
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