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Tax Midterm Reviewer
Tax Midterm Reviewer
7. it is written document which sets forth how the decedent’s property will be distributed after death –
will
9. it is the property, rights and obligations of the decedent not extinguished by his death – estate
1. which will not inherent from the following group – grandson from a living daughter of the decedent
5. who shall inherent from the following potential heirs – brothers and sisters
6. this is a person appointed by the court to manage the distribution of the estate – administrator
10. statement 1: succession will not effect until and unless the estate tax is paid.
Statement 2: estate tax is payable even in the absence of relatives who may inherit the estate.
Which is correct - estate tax is payable even in the absence of relatives who may inherit the estate.
11. statement 1: no estate tax is due if the net taxable estate is negative.
Which is incorrect – once there is a death, the estate tax is always payable.
13. statement 1: a resident alien is taxable only on his estate situated in the Philippines.
Statement 2: a non-resident alien is taxable only on his estate situated in the Philippines.
Which is correct - a non-resident alien is taxable only on his estate situated in the Philippines.
14. the reciprocity exemption on intangible personal properties situated in the Philippines is applicable
only to a – non-resident alien
16. a decedent died intestate with 1,000,000 net estate. If he has four legitimate children and two
illegitimate children, how much shall each legitimate and each illegitimate child respectively receive –
P2,000,000; P100,000
17. a married decedent died intestate leaving behind 1,500,000 of his separate property and 6,000,000
common properties with his surviving spouse. If he has three children and one illegitimate child. How
much shall each legitimate child receive – P1,000,000
18. in the immediately preceding problem, compute the total properties of the surviving spouse after
partition of the properties. -P4,000,000
1. the gross estate of resident or citizen decedent does not include – properties not owned
2. gross estate means – properties owned by the decedent at the point of death
3. as a rule, all decedents are taxable on world estate, except – non-resident alien
4. as a rule, the gross estate of non-resident alien decedents includes – intangible personal properties
located in the Philippines
6. which property is covered by the reciprocity exemption – intangible personal property in the
Philippines
7. which of these properties may be excluded from gross estate by reason of reciprocity – cash
8. which is not deducted from the inventory list of properties in arriving at the gross estate – properties
held under a general power of appointment
9. if inventory-taking of properties id conducted after the death of decedent, which is deducted from the
inventory list – income accruing after death
10. which is not added to the inventory list of properties in computing gross estate – merger of the
usufruct in the owner of the naked title
11. which is correct statement – the proceeds of life insurance taken by the decedent for himself/herself
is always included in gross estate if the beneficiary is the estate, executor or administrator.
12. which of these transfers is subject to estate tax – transfer mortis causa for less than full and adequate
consideration
14. the proceeds of life insurance designated by the decedent to his/her child is included in gross estate
– if the designation is revocable
15. the proceeds of life insurance designated by the decedent to his/her estate is included in gross estate
– without regard to the designation as revocable or irrevocable
16. the proceeds of life insurance designated by the decedent to his wife is excluded in gross estate – if
the designation is irrevocable
17. the proceeds of life insurance designated by the decedent to his/her executor is excluded in gross
estate – under no circumstances
20. Which is not included in the gross estate of the husband – paraphernal properties
21. which is not included in the gross estate of the wife – capital properties
22. which of the following donations in the last will testament is excluded in gross estate of the decedent
– donation to a charitable institution
23. which proceeds of insurance is included in gross estate of the decedent – proceeds of property
insurance
24. if the decedent failed to specify the designation of the beneficiary of his life insurance policy – the
proceeds is exempt if he did not change the beneficiary during his lifetime
26. which of the following bequests to a social welfare or charitable institution is subject to estate tax –
bequests to be used for administrative purposes
27. statement 1: for taxable transfers, the value to include in gross estate shall be the fair value of the
property at the point of death.
Statement 2: for taxable transfers made for an insufficient consideration, the total fair value of the
property at the point of death shall be included in gross estate.
Which is correct - for taxable transfers, the value to include in gross estate shall be the fair value of the
property at the point of death.
1. mr. a devised in his will a pice of land to mrs. b. mrs. b shall enjoy usufructuary right over the property
and shall pass the same to mr. c upon her death.
Who shall include the property in his or her gross estate upon death – mr. a and mr. c
2. mrs. a appointed ms. B as fiduciary heir over an agricultural land which ms. B shall turn over to mr. c
upon ms. B’s death.
Which is incorrect – the land must be excluded in mr. c’s gross estate upon his death
3. mr. a designated his wife as the revocable beneficiary of the proceeds of his life insurance. Which is
correct – the proceeds must be included in the gross estate of mr. a
4. mr. a designated mr. k, the executor of his estate, as his irrevocable beneficiary to the proceeds of his
life insurance. Which is correct – the proceeds of life insurance policy shall be included in the gross
estate of mr. a
5. which of the following is excluded in the gross estate of mr. x – separate property of mrs. x
6. mr. a made an irrevocable donation in trust in favor of mr. c. mr. c died two years after receiving the
donation. Which is correct – the property shall be included in the gross estate of mr. c
7. what is best way to minimize estate tax exposure – invest property in life insurance and make the
designation of the beneficiary as irrevocable
8. which of these transfer mortis causa will more likely to be included in gross estate of the decedent –
300,000;200,000;280,000
11. which may be exempt from estate tax – proceeds of life insurance
12. which is not included in gross estate – income of properties of the decedent after death
13. the decedent owns an agricultural land with the following values:
14. the decedent owns 200,000 shares of saint peter corporation, a listed company.
The 200,000 shares shall e included in gross estate at – (200,000 x P48.20) = P9,640,000
15. the decedent had S2,000 in his possession at his death on November 2, 1019. He was buried on
November 12, 2019. The following were the exchange rates:
At what amount shall the S2,000 be included in the gross estate of the decedent – (S2,000 x P42.50) =
85,000
1. mrs. dely cado died on November 1, 2019. An inventory of her properties was conducted for estate tax
purposes on January 1, 2020. On that date, she had properties with an aggregate fair value of
P7,000,000. This amount includes 300,000 income received by the estate since her death and is net of
600,000 expenses used during her funeral.
3. mr. bacleito had the following properties with their respective fair values in his possession at the date
of his death:
Motorcycle 80,000
4. the heirs of mr. masigasig identified a total of 12,000,000 in properties existing at the date of his
death. A total of 500,000 was used during his wake up to his internment. His heirs also used 400,000 to
pay off obligations of mr. masipag.
An investment in the estate of mr. masipag also earned 50,000 in dividends which the heirs reserved for
payment of his estate tax.
5. a decedent died in October 2018. His properties had an aggregate fair value of 12,000,000 at that
time. His heirs failed to pay his estate tax. In march 2020, his heirs prepared a list of the decedent’s
properties which now had a value of 13,500,000 and which excluded a car worth 1,500,000 stolen in
January 2020.
Cattles 600,000
Compute the amount to be included in gross estate – (2,000,000 + 800,000 + 1,000,000 + 1,500,000) =
5,300,000
11. a filipino citizen died while residing in the USA. He had the following properties at the date of his
death:
12. a Mexican citizen died in Tokyo, Japan. He had the following properties:
13. in the immediately preceding problem, what is the amount to include in gross estate assuming that
the reciprocity condition applies – 0
14. a non-resident alien decedent had the following interests at the point of death:
Compute the amount of properties considered situated in the Philippines – (800,000 + 1,200,000) =
2,000,000
15. Mr. Masipag died leaving a commercial land as part of his estate. The land was purchased in 2010
atan acquisition price of P 11,000,000. An interested buyer tendered a P 15,000,000 offer to buy
theproperty. The land had an independent appraisal of P 16,000,000, assessed value of P 12,000,000 and
a zonal value of P 14,000,000.
Assuming that the bank was duly notified of his death, compute the required exclusion in gross estate –
500,000
- 1,000 Globe preferred stocks with P 1,000 par value per share
- 40,000 San Miguel common shares with par value of P 100 per share
date of death
What is the total amount to include in gross estate – (1,000 x 1,000 + 40,000 x 300 + 80,000 x 45)
=16,600,000
Purchase cost
The Ford Expedition was refurbished by the decedent making it readily saleable at P 1,800,000 in the
second market. The land had zonal of P 4,000,000 and assessed value of P 2,500,000. The Bangko Sentral
ng Pilipinas (BSP) is buying gold at P 1,800 per gram at the date of death of the decedent.
Compute the total amount to be included in gross estate – (1,200,000 + 1,800,000 + 4,000,000 + 500 x
1,800) = 7,900,000
19. mr. margarito died while serving as the managing partner in business partnership. He owned 40% of
the capital and profits of the partnership. The partnership had a total capitalization of 10,000,000,
exclusive of accrued profits of 1,000,000. Partnership income was subject to 30% corporate income tax.
What is the value of the business interest which must be included in the gross estate of mr. margarito –
(10M X 40% + (1M X 70%) X 40%) = 4,280,000
20. A decedent owns 25,000 stocks in a closely held corporation which had the following equity
structureat the date of death of the decedent:
What is the value of the stocks to be reported in gross estate – (25,000/1,000,000 x 8,000,000) = 200,000
21. Mr. Canuto was hospitalized on April 8, 2014 but died on Apirl 12, 2014. It’s was buried on April
21,2014. Mr. Canuto had $124,000 prior to hospitalization. $24,000 was spent for his hospitalization
while $10,000 was used for his funeral.
The following were the exchange rate between the Peso and the Dollar:
Compute the amount to be included in gross estate – ( S124,000 – S24,000) X P42.50) = 4, 250,000
1. Statement 1: under absolute community property, properties are presumed community unless proven
otherwise.
Statement 2: under the conjugal partnership of gains, properties are presumed conjugal unless proven
otherwise.
2. In determining the property regime of the spouses, which is given primacy - agreement
4. Which is a conjugal property - property received from exercise of profession during marriage
8. Which of these donations or inheritance is a common property - a donation designated by the donor
for the husband and wife
10. Which is not a separate property under conjugal partnership - all of these
11. Which is incorrect regarding fruits of separate properties during the marriage - exclusive under
conjugal partnership of gains
12. Fruits accruing before the marriage are - common under absolute community of properties
13. The income of donated properties before marriage are - exclusive properties under conjugal
partnership
14. Property inheritance during the marriage is - exclusive under conjugal partnership and exclusive
under absolute community of property. A and C
15. The property inheritance before the marriage is - separate property under conjugal partnership and
common property under absolute community of property. A and C
1. Which is incorrect under the absolute community of property – jewelry received as an inheritance…,
jewelry received as a donation…, jewelry acquired from income…, NONE OF THESE.
2. the income of properties acquired from the personal hard work of either spouse is – exclusive under
absolute separation of properties and common properties under absolute community of property. A
AND B
3. the husband has numerous pricey personal apparels. These are – exclusive properties under
conjugal…, common properties under absolute…, common properties under absolute separation…,
NONE OF THESE.
4. the gain on sale of a separate property during the marriage is – common property under conjugal
partnership of gains
5. the gain on sale of common properties is – common under absolute community of property
6. which is not considered a separate property of the recipient spouse – acquisition of property as a
trustee, acquisition of property as a fiduciary heir, acquisition of property as usufructuary, ALL OF THESE.
7. which is a paraphernal property under the absolute community of property – property inherited by
the wife.
8. which is a paraphernal property under the conjugal partnership of gains – property brought into the
marriage by the wife
9. which of these is a capital property under conjugal partnership of gains – properties inherited by the
husband
10. which is a capital property under the absolute community of property – properties for exclusive
personal use of the husband
11. which is excluded in gross estate – separate property of the surviving spouse
12. which is excluded in gross estate of a deceased husband under the absolute community of property –
fruits of properties inherited by the wife during marriage
13. which is excluded in the gross estate of a deceased wife under the conjugal partnership of gains –
property bought into the marriage by the husband
14. which will not be included in gross estate regardless of the property regime of the spouses – accrual
from SSS
15. which is excluded in the gross estate of the husband under the conjugal partnership of gains –
properties inherited by the wife
Case 1
1. Mr. andrenico brought into the marriage an agricultural land worth P1,000,000. During the marriage,
the agricultural land was sold for P1,500,000 and was used to acquire a family home. The family home
was valued at P1,800,000 at the death of mr. andrenico.
Compute the amount to be included in the common properties of the spouses under the conjugal
partnership of gains – (P1,800,000 – P1,000,000) = 800,000
2. in the preceding problem, compute the amount to be included in the communal properties of the
spouses – 1,800,000
Case 2
Before their marriage, mr. and mrs. boneti had salary savings respectively of 2,000,000 and P1,500,000.
Mr. and mrs. boneti earned respectively P200,000 and P180,000 income from these savings during the
marriage. Mr. and mrs. Bonetti also earned respectively P400,000 and P 500,000 from their separate
industries.
Case 3
Lovely, married andy, a 60-year old lawyer, who had two children from a previous marriage.
Lovely Andy
Before marriage:
During marriage:
13. the common property of the spouses – (2,000,000 + 200,000 + 700,000 + 80,000) = 2, 980,000
14. the gross estate of lovely - (2,000,000 + 200,000 + 700,000 + 80,000) = 2, 980,000 + 400,000 +
450,000 = 3,830,000
17. the common property of the spouses – (2,000,000 + 400,000 + 200,000 + 80,000) = 2,680,000
18. the gross estate of lovely – (400,000 + 200,000 + 80,000 + 450,000 + 2,000,000) = 3,130,000
Case 4
Mr. Cornelius died. An inventory and analysis of the properties held by his family are presented below:
21. the common properties of the spouses – ( 70,000 + 790,000 + 140,000) = 1,000,000
23. separate property of mr. Cornelius – (20,000 + 30,000 + 400,000 + 80,000) = 530,000
24. separate property of mrs. Cornelius – (30,000 + 40,000 + 300,000 + 60,000) = 430,000
1. mr. jose married Josephine on February 2, 1988. Jesephine died on February 14, 2019. On that date,
the spouses had the following properties:
Car, donated to mr. jose on June 14,2015 P1,200,000
4. mr. a died on June 3, 1987, but his estate had not paid tax since then. He had the following properties
at the time of his death:
proceeds of life insurance irrevocably designated to his son P2,000,000
Common properties of the spouses used by the family since mr. a’s death 230,000
Mr. filan owns 50% interest in the profit of the business partnership with his boyfriend. The partnership
had undistributed profits of P100,000 at the time of filan’s death.
Compute the gross estate – (1,000,000 + 400,000 + 200,000 + (100,000 x 50%)) = 1,650,000
6. mrs. Enriquez, a government employee, died in a car accident which resulted in the total destruction
of their family car.
Compute the gross estate of mrs. Enriquez – (2,000,000 + 700,000 +800,000 + 120,000) = 3,680,000
7. mr. x died on November 1, 2020. He left the following properties to his wife:
Assume mr. and mrs. x were under the conjugal partnership of gains.
8.
Chapter 16 introduction to donor’s tax
1. which is an incorrect statement – donor’s tax is imposed on donation inter-vivos, estate tax is impose
on donation mortis causa, income tax is impose on onerous transactions, NONE OF THESE
3. who is the one directly liable to the payment of donor’s tax – the donor
5. which of the following donation is not subject to donor’s tax – donation intended to take effect upon
the death of the decedent
8. which is not required in taxation of transfers for less than adequate and full consideration – intention
of the donor and acceptance of the donee. A AND B
9. what is the required form in the donation of real property – public instrument
11. which is a correct statement – donation of tangible personal property not exceeding 5,000 can be
made orally
12. which donor is subject to tax on global donation – Japanese donor residing in the Philippines
13. which is taxable only on Philippine donations – an Italian citizen, residing in the united arab emirates
14. which of the following donated properties of a non-resident alien donor may be exempt from
donor’s tax – investment in domestic stocks