Guidelines on Estate and Donor Tax

theTRUSTGURU.com


	HOME Lectures & Presentations Law & Jurisprudence				GUIDELINES ON ESTATE AND DONOR'S TAX (page 2) Atty. Edwin R. Abella

Administrative
Issuances

Trust Products
& Practice

About the Guru

Links

PROCEDURE IN COMPUTING THE VANISHING DEDUCTION:

a) Determine the initial value of the property previously taxed; Rule - Value of "Property previously Taxed" in computing the estate tax or donor's tax of the prior transfer or that of the present decedent's estate, whichever is lower.

b) Deduct any mortgage or lien on the "Property Previously Taxed" paid by the present decedent prior to his death, where such mortgage or lien was a deduction from the gross estate of the prior decedent or gift of the donor. This is the "Initial Basis".

TOP

c) The "Initial Basis" in Step (b) shall be further reduced by the following ratio of the expenses, losses, indebtedness, taxes or transfer for public purposes:

Initial Basis
------------- X Expenses, losses, indebtedness
Gross estate taxes, transfer for public use

d) Compute the final basis of PPT:

Initial Basis (Step (b) x x x
Less: Limitation (Step (c ) x x x
Final Basis (Amount subject to vanishing deduction) x x x

e) Determine the year interval between the date of death of the prior and present decedent or date of gift and death of present decedent to find the applicable percentage deduction:

0 - 1 year - 100%
1 -   2 " - 80%
2 -   3 " - 60%
3 -   4 " - 40%
4 -   5 " - 20%
5   over - 0%

The final basis (Step (d) multiplied by the percentage deduction (Step (e) will be the vanishing deduction allowable.

HYPOTHETICAL EXAMPLE OF COMPUTATION OF VANISHING DEDUCTION:

"A" a Filipino, married and resident of the Philippines died on July 31, 1998 leaving the following properties:

Conjugal properties ---------------------------------- P7,000,000.00
Conjugal family home--------------------------------- 3,000,000.00
Property valued for P4,000,000 was inherited from his
   father who died on June 30, 1997 together with a
   mortgage loan of P1,000,000 which
   was paid by "A" on April 30, 1998 ------------------- 5,000,000.00
Gross estate   ------------------------------------- P15,000,000.00

Less: Deductions:
   Expenses, losses, indebtedness, taxes
      & transfer for public use ---------- P2,000,000
   Share of surviving spouse:
      Conjugal properties ------ P10,000,000
      Less: Conjugal deduction   2,000,000
      Net conjugal estate ------ P 8,000,000

1/2 share of surviving spouse ------------ 4,000,000
Family home ----------------------------- 1,000,000

Vanishing deduction (80%)
    Inherited property -------- P 4,000,000
    Less: Mortgage paid ------- 1,000,000
    Initial basis [Step (b)]------ 3,000,000

   Less:3,000,000 x P2,000,000 -- 400,000
         15,000,000
   Final basis [Step (d)] ------ P 2,600,000

80% Vanishing deduction [Step (e)] ----- 2,080,000

Total deductions ----------------------------------- 9,080,000
Net taxable estate ------------------------------------ P5,920,000

Computation of estate tax:

P5,000,000 ---------------- P465,000
920,000 @ 15% -------- 138,000

Total estate tax due -------------------------------- P 603,000

ESTATE TAX RATES: (R.A. 8424)

THE ESTATE TAX		OF EXCESS
SHALL BE	PLUS	OVER
Exempt	Below P200,000
	5%	P200,000
P15,000	8%	500,000
135,000	11%	2,000,000
465,000	15%	5,000,000
1,215,000	20%	10,000,000

4. Share of the surviving spouse in the net conjugal properties
5. Family Home - Amount allowable is equivalent to the current or fair
   market value or zonal value of the decedent's family home, whichever
   is higher, but not exceeding P1,000,000.
   a) Must not exceed the value included in the gross estate or
       P1,000,000, whichever is lower.
   b) The amount in excess of P1,000,000 shall be subject to estate
       tax.
   c) Must be the decedent's family home as certified to by the
       Barangay Captain in the locality.
   d) Only one (1) family home may be claimed.
6. Standard Deduction of P1,000,000.
7. Medical Expenses incurred within one year from death in an amount
   not exceeding P500,000.00.
8. Amount Received by heirs under RA No. 4917.
9. Deductions allowable to a non-resident decedent who is not a citizen
   of the Philippines:
   a) A proportion of the expenses, losses, indebtedness and taxes:

   Formula:

   Phil. Gross Estate         Expenses, losses
   ------------------ X   indebtedness & taxes
   World Gross estate

   b) Transfer for public purposes
   c) Vanishing deduction
   d) Share of surviving spouse - Depending on the property relationship
       of the husband and wife in the country where they are national.

L. Tax Credit For Estate Taxes Paid To A Foreign Country:

1. The estate tax due shall be credited with the amount of estate tax imposed by a foreign country on property located in said foreign country and included in the decedent's gross estate in the Philippines.
2. Limitation on credit - The amount of credit for estate tax paid to a foreign country shall not exceed the proportion of the tax due in the Philippines which the decedent's net estate situated within such country bears to his entire net estate.
3. The total amount of credit shall not exceed the proportion of the tax here in the Philippines which the decedent's net estate situated outside the Philippines bears to his entire net estate.

M. Reciprocity Provision On Transfer Tax Imposition:

1. The property involved is intangible personal property.
2. The decedent or donor at the time of death or donation was a citizen and resident of a foreign country.
3. That the foreign country did not impose a transfer tax of any character in respect of intangible personal property owned by a Filipino citizen not residing in said foreign country, or
4. The laws of the foreign country allow a similar exemption from transfer taxes or death taxes of every character or description in respect of intangible personal property owned by citizens of the Philippines not residing in that foreign country.

PREVIOUS PAGE | NEXT PAGE | HOME | TOP