Business Tax MODULE
Business Tax MODULE
Succession is defined under the New Civil Code (NCC) as a mode of acquisition by virtue of which, the
property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted
either by his will or by operations of law. Succession then may be classified as:
1. Testamentary or testate. The decedent executed a last will as prescribed by law, designating
a heir.
2. Legal or intestate. Since the decedent did not execute a will or the will executed by him is
void.
3. Mixed . a type of succession which is effected partly by "will" and partly by operation of law.
KINDS OF HEIRS
Heir is a person who inherits or has a right of inheritance in the property of another following the latter's
death. There are kinds of heirs as follows:
1. Compulsory heirs are those who inherit with or without a will, broken into two
Primary compulsory heirs. They are the legitimate children and descendants,
illegitimate children and widow or widower
Secondary compulsory heirs. They are those who succeed only in the absence of the
primary compulsory heirs
Concurring compulsory heirs. They are those who succeed together with the primary or
secondary compulsory heirs. e.g. illegitimate children and descendants and surviving
spouse.
1. Voluntary heirs are those instituted by the testator in his will to succeed to the inheritance of
the (free) portion thereof of which the testator can freely dispose.
2. Legal or intestate heirs are those who succeed to the estate of the decedents by operation of
law.
Section 85 of the Tax Code states that the value of the gross estate of the decedent must be determined
by including the value at the time of death of all property, real or personal, tangible or intangible
wherever situated. The composition of the estate tax may be summarized on the table below:
As to the free portion of the estate, it shall be distributed to the following intestate heirs in the order of
priority:
1. Legitimate children
2. Legitimate parents
3. Illegitimate children
4. Spouse
5. Brothers or sisters
6. Relatives by consanguinity up to 5th civil degree
7. The State
The following rules shall apply in determining the correct valuation of then estate:
5. Units of participation in any the bid price nearest the date of death published in any
association, recreation and newspaper in general circulation.
amusement club.
6. Right to usufruct, habitation in accordance with the latest Basic Standard Mortality Table.
and annuity.
Gross estate consists of all properties and interest in properties of the decedent at the time of his death
as well as properties transferred during lifetime (only in form) but in substance was only transferred at
the time of death. The components of gross estate are properties existing at the time of death such as:
To compute the net estate of a deceased, the Tax Code (RR 122-2018) stated certain items that can
be deducted from the value of the gross estate. These are classified as ordinary and special deductions
as summarized below.
1. Expenses, Losses,
Indebtedness, Taxes
(LIT) 1. Proportionate deductions for LIT using the formula:
o Losses
o Indebtedness/claims against estate Gross Estate Phils/Gross Estate World ×LIT
o Taxes
o Claims against insolvent person
NA
2. Family Home
NA
3. RA 4917
The following filing and payment of the estate tax are stated as follows:
Place of filing
Estate tax shall be paid at the time the return is filed (Pay as you file system).
When the Commissioner finds that the payment of the estate tax would impose undue hardship
upon the state or any heirs, he may extend the time of payment to either 2 or 5 years.
The system of property relationship is only applicable to married individuals. It is used to distinguish a
conjugal or community property from an exclusive property of the spouses. The future spouses may, in
the marriage settlements, agree upon the following types of property relations (order of priority:
1. Based on Agreement
o husband and wife have a common fund for all incomes of their separate
properties.
Complete separation
In the absence of an agreement, the marriage settlement will depend on the date of
marriage as provided under the New Family Code as follows:
3. By Customs or Traditions
CONJUGAL PARTNERSHIP OF GAINS (CPG)
Exclusive properties;
Conjugal properties
o properties acquired by onerous title during marriage at the expense of the common fund.
o properties obtained from labor, industry, work or profession of either or both spouses.
o the fruits received during marriage from common property as well as the net fruits from
the exclusive property of each spouse.
o the share of either spouse in the hidden treasure to the finder or owner of the property
where the treasure is found.
o those acquired by chance (winnings from gambling or betting) except for losses which
shall be borne exclusively by the loser-spouse.
Community properties:
Exclusive properties
o property acquired during marriage by gratuitous title by spouse as well as the fruits or
income thereof.
o property for personal and exclusive use of either spouse, except:
Donations is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of
another, who accepts it. A donor's tax or gift tax is a tax levied, assessed, collected and paid upon the
transfer by any person, resident or nonresident, of a property by gift.
The following are the purposes of the Donor's tax as follows:
1. To supplement the estate tax.
2. To prevent the avoidance of income tax.
The Donor's tax shall not apply unless and until there is a completed gift, meaning the tax shall take
effect only when the gift is perfected from the moment the donor knows of the acceptance by the donee
either actually or constructively. Characteristics of Donor's tax are the following:
1. Donor's tax is an excise tax and not a property tax since it is a tax imposed on the "right" or
"privilege" to transfer property by way of gift inter-vivos.
2. Donor's tax, being a contract does not apply unless and until there is completed gift.
3. The transfer is perfected from the moment the donor knows of the acceptance of the donee.
4. Donor's tax is a direct tax.
5. Renunciation by the surviving spouse of his/her share in the conjugal partnership or absolute
community after the dissolution of the marriage is subject to donor's tax.
6. General renunciation by an heir, including the surviving spouse in the share of hereditary estate
is not subject to tax.
those made between persons who were guilty of adultery or concubinage at the time of
donation.
those made between persons found guilty of the same crinimal offense, in consideration thereof.
those made to a public officer or his wife, descendants and ascendants, by reason of his office.
COMPOSITION AND VALUATION OF GROSS GIFT.
The composition of gross gift will depend on the citizenship and/or residence of the donor. The table
below illustrate this concept:
**Intangible property is subject to reciprocity rule. This means that the rule on reciprocity applies to
donations by a nonresident alien when the properties are intangible properties which are located within
the Philippines. There is reciprocity when:
o The donor at time of donation was a citizen and resident of a foreign country which at that
time of donation did not impose a transfer tax on intangible personal property of the citizens
of the Philippines not residing in that foreign country
o the foreign country allows a similar exemption from transfer taxes for properties owned by
citizens of the Philippines not residing in that foreign country.
In valuing properties for donor's tax purposes, the principles in the valuation of properties discussed for
estate tax also applies. As a rule, donor's tax should be based on the fair market value (FMV) of the
property donated at the time the donation is perfected.
The taxable net gift and the donor's tax due is better understood by showing the format of computing
them, as shown below:
GROSS GIFT
DEDUCTIONS
o Encumbrances - xxx
o Diminutions - xxx
o Government charitable/educational institutions - xxx
o Fixed Exempt gift (P250,000) - xxx xxx
The administrative provisions of RR 12-2018 specifically on filing and payment of the Donor's tax states
that any individual who makes any transfer by gift shall, for the purpose of the said tax make a return
in duplicate.
the return is filed and paid within 30 days after the date the gift is made or completed and the
tax due thereon shall be paid at the same time the return is filed "Pay-as-you-File system"
the place of filing shall be the AABs, RDO or Revenue Collection Officer (RCO) haaving
jurisdiction over the place where the donor is domiciled at the time of transfer.
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MISSION
1. Is committed to continue to empower the Filipino youth through
technological education of the highest standard, employing
outcomes -based education and state-of-the-artlaboratories.
COURSE
1. Seat Plan REQUIREMENTS
2. TIP Vision & Mission
Statements ACTIVITY WEIGHT FREQUENCY
3. Course Coverage
Assignment, Seatwork,
4. Course Requirements 25% At least 3x/ period
Boardwork
Attendance
Recitation 15% Every meeting
Classroom Attitude
Commitment (to be a CPA) Attendance 10% Checked daily
Quiz 50% 2x per period
5. Syllabus – Acknowledgment
Receipt
6. Book Order Slip
7. Introduction/Overview
VISION
1. Succession, Transfer Tax and
1. A leading professional technological Estate Tax defined
institution in the Philippines
2. Kinds of Succession (be prepared
2. An institution whose graduates to illustrate each kind)
contribute to the welfare of society
3. Elements of Succession
4. Kinds of Successors/Heirs
5. Kinds of Wills, revoking a will
6. Institution of Heirs
7. Requisites for Disinheritance
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MIXED SUCCESSION
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the general term applied to the those who suceed by force of law to
person whose property is transmitted some portion of inheritance whether
through succession whether there is a the testator likes it or not.
will or none. Also called a testator.
they cannot be deprived by the
testator of their legitime except by
disinheritance.
PRIMARY
an heir or successor is a person who those instituted by the testator in his
is called to the succession either the will to succeed to the inheritance of
provision of a will or by operation of the portion thereof of which the
law. testator can freely dispose.
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4. Surviving spouse
Disinheritance is not applicable to
5. Brothers and sisters, nephews and nieces voluntary heirs.
6. Other collateral relatives within the 5th
degree
7. State
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TRANSFER TAX
Donation Subject to
At time of death
mortis causa estate tax
of the donor
Subject to
During the Donation donor’s
lifetime of both inter vivos tax
SUCCESSION and TRANSFER TAXES
donor and donee
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A general term applied to a person whose those who succeed by force of law to some
property is transmitted through succession, portion of the inheritance, in an amount
whether or not he left a will. He is called a predetermined by law, known as legitime.
testator, if he left a will.
EXECUTOR
Part of a testator’s property
which he cannot dispose
A person designated in the last will and because the law reserves
testament to carry out the provisions of the them for certain heirs who
decedent’s will. are called compulsory heirs.
a person appointed by the court and those instituted by the testator in his will
performs the same duty, in lieu of an to succeed to the inheritance of the portion
executor. thereof of which the testator can freely
dispose.
INHERITANCE
LEGAL OR INTESTATE HEIRS
include all the property, rights and obligations
of a person which are not extinguished by death those who succeed to the estate of the
and all which have accrued thereto since the decedent by operation of law (decedent died
opening of succession. Rights which are purely without a valid will or his estate was not
personal are extinguished by death. entirely disposed of by will)
PRIMARY
SUCCESSORS
Those who have precedence over and exclude
an heir or successor is a person who is other compulsory heirs (legitimate children and
called to the succession either the provision descendants)
of a will or by operation of law.
SECONDARY
Those who succeed only in the absence of the
DEVISEE & LEGATEE
primary compulsory heirs (legitimate parents
are persons to whom gifts of real and and ascendants)
personal property are respectively given by
CONCURRING
virtue of a will.
Those who succeed together with the primary
or secondary compulsory heirs (illegitimate
children and descendants and surviving spouse.
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1. Children/Descendants
AB a) When the child or descendant has been
convicted of adultery or concubinage with
the spouse of the testator
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RIGHT OF REPRESENTATION
Death
Incapacity
Disinheritance
RIGHT OF REPRESENTATION
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ELEMENTS OF SUCCESSION
Deceased or Decedent
Person who died leaving properties
behind. He is called testator if he wrote a
last will and testament.
and Inheritance (Estate)
The bulk of properties left behind by the
decedent
Successors/Heir
The persons to whom the estate is given
to
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The gross estate of decedent with their fair DINA NATUTO, Filipina, died in the United
C market values are as follows: C
States with the following properties:
A House & Lot, family home in QC - 1,500,000 A
Condo unit in New York City 3,000,000
S S
Bank deposit in foreign branch Shares of stock – foreign corp 700,000
E E
of a domestic bank - 500,000 Interest in partnership, domestic 500,000
Bank deposit Makati branch A Bank deposit, New York bank 200,000 Car
A of a foreign bank - 300,000 N in Cebu, donated inter vivos
N
Shares of stock issued by DC A 5 years ago to her son 500,000
A
L certificate kept in Canada - 1,000,000 L
Y Franchise exercised in Manila - 800,000 Y 1. Which property should be included in the gross
S Receivable, debtor in Mindanao - 200,000 S estate of the decedent?
I I 2. If decedent is a nonresident alien with
1. Decedent is nonresident alien, there is reciprocity, S reciprocity, how much is the gross estate ?
S
what is the amount to be excluded from gross 3. If decedent is a nonresident alien with no
estate ? 2 reciprocity, how much is the gross estate ?
1 2. Decedent is nonresident alien, there is no
reciprocity, the gross estate is valued at
1
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PROPERTY VALUATION
Exclusive property of the Surviving
In general FMV at time of death Spouse
Property outside the Phils of a non-
Real property The higher value between: resident alien decedent
FMV determined by
Intangible personal property in the Phils
the Commissioner
of a non-resident alien under the
FMV fixed by Provincial
Reciprocity Law.
& City Assessors
Personal property FMV at time of death
PROPERTY VALUATION
The merger of usufruct in the owner of the
• Unlisted common share – naked title
book value per share of The transmission or delivery of the inheritance
issuing corporation or legacy by the fiduciary heir (1st heir) or
legatee to the 2nd heir (fideicommisary)
• Unlisted preference share –
Shares par value per share The transmission from the 1st heir, legatee or
of stock done in favor of another beneficiary.
• Listed shares – FMV of
arithmetic mean between All bequest, devises, legacies or transfers to
highest and lowest quotation social welfare, cultural and charitable
at a date nearest date of institutions, no part of the net income of which
death, if none is available on inures to the benefit of any individual.
date of death
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RULES ON INSUFFICIENT
Determine the amount to be included in the
CONSIDERATION C Gross Estate of the Decedent from the
A following independent cases:
CONSIDERATION INCLUSION IN GE S
E
Consideration is > at the Valid sale – excluded
A FMV at time of transfer – 5,000,000
time of transfer from gross estate
N FMV at time of dtreaantshfer -– 56,,000000,,000000
A CFMonVsaidtetrai mtieonofredtrceaeanitvshefedr -– 567,000000,000000
Consideration is < at the Insufficient
L CFMonVsaidtetriamtAieonnsowfredrce:eaitvZheedro-/ 62V,a0l0id0,S0a0le0
time of transfer consideration.
Y ConsideratAionnswrerc:eiPv4e,d00-0,n0i0l 0
Include in the gross
S
estate the excess of I Answer: P6,000,000
FMV at time of death S
over consideration
received. 3
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1. Standard deductions
2. Family home Not allowed
3.Medical expenses
4. R.A. 4917
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ORDINARY DEDUCTIONS
FROM GROSS ESTATE C
A
Requisites for deductibility S
E Amount of claim against the debtor P 50,000
• Must have been contracted in good faith and for Total assets of the debtor 500,000
an adequate and full consideration in money or A Total liabilities of the debtor 800,000
money’s worth.
N
• The debt instrument must be duly notarized A
except for loans granted by financial institutions L 1. How much should be included in the gross
where notarization is not part of their business Y estate of the decedent ?
practice S
I 2. What is the amount of deductible claim against
• It must not have been condoned by the creditor S the insolvent person ?
• The action to collect from the decedent
must not have been prescribed. 3
1
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ORDINARY DEDUCTIONS
The following expenses and obligations were left by
FROM GROSS ESTATE C ROBIN HOOD upon his death:
A
F. Unpaid Income and Property taxes S Notes payable, not notarized P 30,000
Unpaid taxes which have accrued prior to the E Loans payable, PNB 300,000
death of the decedent, thus the following are not Accounts receivable, debtor not insolvent 40,000
allowed as deductions: A Accounts receivable, debtor is insolvent 60,000
N Death benefits from employer 200,000
• Income tax on income received after death Mortgage paid 50,000
A
• Property taxes accrued after death L Income taxes on income of
• Estate tax Y decedent’s estate 7,500
S
I What is the total amount deductible
S from gross estate ?
ORDINARY DEDUCTIONS
TSONG SY TSANG, a non-resident alien died leaving
FROM GROSS ESTATE C
the following assets:
A
G. Losses S Domestic shares P 1,000,000
Foreign shares 3,000,000
The amount deductible is the value of the property E
Tangible personal property, Phils 6,000,000
lost. Its requisites for deductibility are: Expenses (deductible) 1,200,000
A
• The loss must arise during the settlement of the N
estate but not beyond the deadline for the The country where she is a citizen and resident does
A
payment of the estate tax not impose transfer tax on transmission of intangibles
L
of Filipinos.
• It must arise from fires, storms, shipwreck, or Y
other casualties, or from robbery, theft or S
embezzlement I
S What is the amount of net estate subject to tax
• Such losses have not been claimed as deduction
in the Philippines ?
for income tax purposes
6
• Not compensated by insurance or otherwise.
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REQUISITES FOR
TA PUE, a non-resident alien, single, died leaving the
C following properties and deductions: DEDUCTIBILITY
A Shares domestic corporation P 500,000
S Shares, foreign corporation 500,000 DEATH
E Tangible personal property 1,500,000
Deductible expenses 500,000 •The present decedent died within 5 years from
A the date of death of the prior decedent or date
N of gift
A
L 1. What is the amount of gross estate ?
IDENTITY of
Y 2. Assuming there is no reciprocity, what is the
PROPERTY
S amount of net taxable estate?
I 3. What is the amount of the estate tax payable ?
•The property with respect to which deduction is
S a) Prior to TRAIN Law sought can be identified as the one received from
b) Under the TRAIN Law the prior decedent, or from the donor, or as the
7 property acquired in exchange for the original
property so received
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VANISHING SPECIAL
DEDUCTION RATES DEDUCTIONS
B. Family Home
Period from Receipt to
Decedent’s Death Rate % the dwelling house including the land on which
it is situated, where the husband and wife, or a
Within one year 100 % head of the family, and members of their family
reside, duly certified to by the Barangay Captain
Beyond 1 year to 2 years 80 %
of the locality.
Beyond 2 years to 3 years 60 % the amount of family home allowable as a
Beyond 3 years to 4 years 40 % deduction would be whichever is lower of P 10
million or the fair market value at the time of
Beyond 4 years to 5 years 20 % the decedent’s death (P1 million prior to
effectivity of TRAIN Law.
VALLE WALA died on November 20, 2018. Some of the REQUISITES FOR
C properties he left are the following: DEDUCTIBILITY – FAMILY HOME
A
S Mode of Date of Market Value
E Assets Acquisition Acquisition Acquired Time of
1. The decedent was married or if single, was a
Death Land Donation 7-3-14 500,000
350,000 head of the family
A
N Car Purchase 10-2-17 800,000 980,000 2. Along with the decedent, any of the
A beneficiaries must be dwelling in the family
Other information:
L home.
1. The gross estate of the decedent amounts to P 3 million.
Y 2. The land was mortgage for P50,000 when it was 3. The family home as well as the land on which it
S acquired and VAL paid the same before he died. stands must be owned by the decedent and
I 3. The allowable deductions total P125,000, which includes should have been included in the computation
S medical expenses of P30,000. It excludes bequest to a of the decedent’s gross estate.
charitable institution in the amount of P50,000.
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What is the amount of the vanishing deduction ?
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SPECIAL
DEDUCTIONS
C. Medical expenses
all medical expenses ( cost of medicine,
hospital bills, doctor’s fees, etc), paid or unpaid,
within one year before the death of the
decedent shall be allowed as a deduction
provided duly supported by receipts and does
not exceed P500,000.
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