EPARTMENT OF ACCOUNTANCY

HOLY ANGEL UNIVERSITY

GROSS ESTATE OF MARRIED
DECEDENTS
 GROSS ESTATE OF
MARRIED DECEDENTS
- The decedent’s exclusive
properties
- The common properties of the
spouses
EXCLUSIVE CONJUGAL/ TOTAL
COMMUNAL
GROSS ESTATE P XXX,XXX P XXX,XXX P XXX,XXX
Less: Deductions
 COMMON TYPES OF PROPERTY REGIMES
Absolute Separation of Property (ASP)
technically, all properties of the spouses are separate
properties, except those properties which they may acquire jointly
Conjugal Partnership of Gains (CPG)
all properties that accrue as fruit of their individual or joint
labor or fruits of their properties during the marriage will be
common properties of the spouses.
Absolute Community of Property (ACP)
all present properties owned by the spouses at the date of
celebration of the marriage shall become common properties of the
spouses including future fruit of their separate joint industry or fruits
of their common properties..
Applicable Property Regime in default of an Agreement

Conjugal Partnership of Gains Absolute Community of Property

August 3, 1988
CONJUGAL PARTNERSHIP OF GAINS (CPG)
Before During
Marriage Marriage
Properties brought in marriage Exclusive
Fruits of Properties/labor Exclusive Conjugal
Gratuitous acquisitions Exclusive Exclusive
Fruits from Gratuitous acquisitions Exclusive Conjugal
ABSOLUTE COMMUNITY OF PROPERTIES (ACP)
All Properties before marriage are All Properties after marriage are
common common
Except: Except:
-properties of spouse with -Gratuitous acquisitions received by
descendants in a prior marriage either spouse
-Fruits of exclusive property
-properties of personal exclusive use of either spouse, except jewelry
ACP: Spouse with Descendant in a prior marriage
Before During
Marriage Marriage
From gratuitous acquisitions Exclusive Exclusive
From fruits of industry Exclusive Communal

From fruits of property

-Separate property Exclusive Exclusive
-Community property Communal Communal

From Exclusive use of either

spouse
-Jewelry Exclusive Communal
-Non-Jewelry Exclusive Exclusive
ABSOLUTE COMMUNITY OF PROPERTIES (ACP)
Before During
Marriage Marriage
From gratuitous acquisitions Communal Exclusive
From fruits of industry Communal Communal
From fruits of property
-Separate property Communal Exclusive
-Community property Communal Communal
From Exclusive use of either spouse
-Jewelry Communal Communal
-Non-Jewelry Exclusive Exclusive
Acquisition of Exempt Properties
acquisition of exempt properties will be included as
exclusive or common properties of the spouses but shall be
excluded in the computation of the gross estate
Exempt Properties of Non-Resident Alien Decedents
exempt foreign properties of a married non-resident alien
decedent must be excluded in gross estate
Reference
• Business and Transfer Taxation
2019 edition by Rex Banggawan