Sie sind auf Seite 1von 7

ESTATE TAX (C) Revocable Transfer.

- (1) To the extent of any interest therein, of


which the decedent has at any time made a transfer (except in
SEC. 84. Rates of Estate Tax. - There shall be levied, assessed, case of a bona fide sale for an adequate and full consideration in
collected and paid upon the transfer of the net estate as money or money's worth) by trust or otherwise, where the
determined in accordance with Sections 85 and 86 of every enjoyment thereof was subject at the date of his death to any
decedent, whether resident or nonresident of the Philippines, a tax change through the exercise of a power (in whatever capacity
based on the value of such net estate, as computed in accordance exerciseable) by the decedent alone or by the decedent in
with the following schedule: conjunction with any other person (without regard to when or from
what source the decedent acquired such power), t o alter, amend,
revoke, or terminate, or where any such power is relinquished in
contemplation of the decedent's death.

(2) For the purpose of this Subsection, the power to alter, amend or
revoke shall be considered to exist on the date of the decedent's
death even though the exercise of the power is subject to a
precedent giving of notice or even though the alteration,
amendment or revocation takes effect only on the expiration of a
stated period after the exercise of the power, whether or not on or
before the date of the decedent's death notice has been given or
the power has been exercised. In such cases, proper adjustment
SEC. 85. Gross Estate. - the value of the gross estate of the shall be made representing the interests which would have been
decedent shall be determined by including the value at the time of excluded from the power if the decedent had lived, and for such
his death of all property, real or personal, tangible or intangible, purpose if the notice has not been given or the power has not been
wherever situated: Provided, however, that in the case of a exercised on or before the date of his death, such notice shall be
nonresident decedent who at the time of his death was not a citizen considered to have been given, or the power exercised, on the date
of the Philippines, only that part of the entire gross estate which is of his death.
situated in the Philippines shall be included in his taxable estate.
(D) Property Passing Under General Power of Appointment. - To the
(A) Decedent's Interest. - To the extent of the interest therein of the extent of any property passing under a general power of
decedent at the time of his death; appointment exercised by the decedent: (1) by will, or (2) by deed
(B) Transfer in Contemplation of Death. - To the extent of any executed in contemplation of, or intended to take effect in
interest therein of which the decedent has at any time made a possession or enjoyment at, or after his death, or (3) by deed under
transfer, by trust or otherwise, in contemplation of or intended to which he has retained for his life or any period not ascertainable
take effect in possession or enjoyment at or after death, or of which without reference to his death or for any period which does not in
he has at any time made a transfer, by trust or otherwise, under fact end before his death (a) the possession or enjoyment of, or the
which he has retained for his life or for any period which does not in right to the income from, the property, or (b) the right, either alone
fact end before his death (1) the possession or enjoyment of, or the or in conjunction with any person, to designate the persons who
right to the income from the property, or (2) the right, either alone shall possess or enjoy the property or the income therefrom; except
or in conjunction with any person, to designate the person who in case of a bona fide sale for an adequate and full consideration in
shall possess or enjoy the property or the income therefrom; except money or money's worth.
in case of a bonafide sale for an adequate and full consideration in (E) Proceeds of Life Insurance. - To the extent of the amount
money or money's worth. receivable by the estate of the deceased, his executor, or
administrator, as insurance under policies taken out by the
decedent upon his own life, irrespective of whether or not the (c) For claims against the estate: Provided, That at the time the
insured retained the power of revocation, or to the extent of the indebtedness was incurred the debt instrument was duly notarized
amount receivable by any beneficiary designated in the policy of and, if the loan was contracted within three (3) years before the
insurance, except when it is expressly stipulated that the death of the decedent, the administrator or executor shall submit a
designation of the beneficiary is irrevocable. statement showing the disposition of the proceeds of the loan;

(F) Prior Interests. - Except as otherwise specifically provided (d) For claims of the deceased against insolvent persons where the
therein, Subsections (B), (C) and (E) of this Section shall apply to value of decedent's interest therein is included in the value of the
the transfers, trusts, estates, interests, rights, powers and gross estate; and
relinquishment of powers, as severally enumerated and described
therein, whether made, created, arising, existing, exercised or (e) For unpaid mortgages upon, or any indebtedness in respect to,
relinquished before or after the effectivity of this Code. property where the value of decedent's interest therein,
undiminished by such mortgage or indebtedness, is included in the
value of the gross estate, but not including any income tax upon
income received after the death of the decedent, or property taxes
(G) Transfers of Insufficient Consideration. - If any one of the not accrued before his death, or any estate tax. The deduction
transfers, trusts, interests, rights or powers enumerated and herein allowed in the case of claims against the estate, unpaid
described in Subsections (B), (C) and (D) of this Section is made, mortgages or any indebtedness shall, when founded upon a
created, exercised or relinquished for a consideration in money or promise or agreement, be limited to the extent that they were
money's worth, but is not a bona fide sale for an adequate and full contracted bona fide and for an adequate and full consideration in
consideration in money or money's worth, there shall be included in money or money's worth. There shall also be deducted losses
the gross estate only the excess of the fair market value, at the incurred during the settlement of the estate arising from fires,
time of death, of the property otherwise to be included on account storms, shipwreck, or other casualties, or from robbery, theft or
of such transaction, over the value of the consideration received embezzlement, when such losses are not compensated for by
therefor by the decedent. insurance or otherwise, and if at the time of the filing of the return
(H) Capital of the Surviving Spouse. - The capital of the surviving such losses have not been claimed as a deduction for the income
spouse of a decedent shall not, for the purpose of this Chapter, be tax purposes in an income tax return, and provided that such losses
deemed a part of his or her gross estate. were incurred not later than the last day for the payment of the
estate tax as prescribed in Subsection (A) of Section 91.
SEC. 86. Computation of Net Estate. - For the purpose of the
tax imposed in this Chapter, the value of the net estate shall be (2) Property Previously Taxed. - An amount equal to the value
determined: specified below of any property forming a part of the gross estate
situated in the Philippines of any person who died within five (5)
(A) Deductions Allowed to the Estate of Citizen or a Resident. - In years prior to the death of the decedent, or transferred to the
the case of a citizen or resident of the Philippines, by deducting decedent by gift within five (5) years prior to his death, where such
from the value of the gross estate - property can be identified as having been received by the decedent
from the donor by gift, or from such prior decedent by gift, bequest,
(1) Expenses, Losses, Indebtedness, and taxes. - Such amounts: devise or inheritance, or which can be identified as having been
(a) For actual funeral expenses or in an amount equal to five acquired in exchange for property so received:
percent (5%) of the gross estate, whichever is lower, but in no case One hundred percent (100%) of the value, if the prior decedent
to exceed Two hundred thousand pesos (P200,000); died within one (1) year prior to the death of the decedent, or if the
(b) For judicial expenses of the testamentary or intestate property was transferred to him by gift within the same period prior
proceedings; to his death;
Eighty percent (80%) of the value, if the prior decedent died more (3) Transfers for Public Use. - The amount of all the bequests,
than one (1) year but not more than two (2) years prior to the legacies, devises or transfers to or for the use of the Government of
death of the decedent, or if the property was transferred to him by the Republic of the Philippines, or any political subdivision thereof,
gift within the same period prior to his death; for exclusively public purposes.

Sixty percent (60%) of the value, if the prior decedent died more (4) The Family Home. - An amount equivalent to the current fair
than two (2) years but not more than three (3) years prior to the market value of the decedent's family home: Provided, however,
death of the decedent, or if the property was transferred to him by That if the said current fair market value exceeds One million pesos
gift within the same period prior to his death; (P1,000,000), the excess shall be subject to estate tax. As a sine
qua non condition for the exemption or deduction, said family home
Forty percent (40%) of the value, if the prior decedent died more must have been the decedent's family home as certified by the
than three (3) years but not more than four (4) years prior to the barangay captain of the locality.
death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death; (5) Standard Deduction. - An amount equivalent to One million
pesos (P1,000,000).
Twenty percent (20%) of the value, if the prior decedent died more
than four (4) years but not more than five (5) years prior to the (6) Medical Expenses. - Medical Expenses incurred by the decedent
death of the decedent, or if the property was transferred to him by within one (1) year prior to his death which shall be duly
gift within the same period prior to his death; substantiated with receipts: Provided, That in no case shall the
deductible medical expenses exceed Five Hundred Thousand Pesos
These deductions shall be allowed only where a donor's tax or (P500,000).
estate tax imposed under this Title was finally determined and paid
by or on behalf of such donor, or the estate of such prior decedent, (7) Amount Received by Heirs Under Republic Act No. 4917. - Any
as the case may be, and only in the amount finally determined as amount received by the heirs from the decedent - employee as a
the value of such property in determining the value of the gift, or consequence of the death of the decedent-employee in accordance
the gross estate of such prior decedent, and only to the extent that with Republic Act No. 4917: Provided, That such amount is included
the value of such property is included in the decedent's gross in the gross estate of the decedent.
estate, and only if in determining the value of the estate of the
prior decedent, no deduction was allowable under paragraph (2) in (B) Deductions Allowed to Nonresident Estates. - In the case of a
respect of the property or properties given in exchange therefor. nonresident not a citizen of the Philippines, by deducting from the
Where a deduction was allowed of any mortgage or other lien in value of that part of his gross estate which at the time of his death
determining the donor's tax, or the estate tax of the prior decedent, is situated in the Philippines:
which was paid in whole or in part prior to the decedent's death, (1) Expenses, Losses, Indebtedness and Taxes. - That proportion of
then the deduction allowable under said Subsection shall be the deductions specified in paragraph (1) of Subsection (A) of this
reduced by the amount so paid. Such deduction allowable shall be Section which the value of such part bears to the value of his entire
reduced by an amount which bears the same ratio to the amounts gross estate wherever situated;
allowed as deductions under paragraphs (1) and (3) of this
Subsection as the amount otherwise deductible under said (2) Property Previously Taxed. - An amount equal to the value
paragraph (2) bears to the value of the decedent's estate. Where specified below of any property forming part of the gross estate
the property referred to consists of two or more items, the situated in the Philippines of any person who died within five (5)
aggregate value of such items shall be used for the purpose of years prior to the death of the decedent, or transferred to the
computing the deduction. decedent by gift within five (5) years prior to his death, where such
property can be identified as having been received by the decedent
from the donor by gift, or from such prior decedent by gift, bequest,
devise or inheritance, or which can be identified as having been which bears the same ratio to the amounts allowed as deductions
acquired in exchange for property so received: under paragraphs (1) and (3) of this Subsection as the amount
otherwise deductible under paragraph (2) bears to the value of that
One hundred percent (100%) of the value if the prior decedent died part of the decedent's gross estate which at the time of his death is
within one (1) year prior to the death of the decedent, or if the situated in the Philippines. Where the property referred to consists
property was transferred to him by gift, within the same period of two (2) or more items, the aggregate value of such items shall
prior to his death; be used for the purpose of computing the deduction.
Eighty percent (80%) of the value, if the prior decedent died more (3) Transfers for Public Use. - The amount of all bequests, legacies,
than one (1) year but not more than two (2) years prior to the devises or transfers to or for the use of the Government of the
death of the decedent, or if the property was transferred to him by Republic of the Philippines or any political subdivision thereof, for
gift within the same period prior to his death; exclusively public purposes.
Sixty percent (60%) of the value, if the prior decedent died more (C) Share in the Conjugal Property. - the net share of the surviving
than two (2) years but not more than three (3) years prior to the spouse in the conjugal partnership property as diminished by the
death of the decedent, or if the property was transferred to him by obligations properly chargeable to such property shall, for the
gift within the same period prior to his death; purpose of this Section, be deducted from the net estate of the
Forty percent (40%) of the value, if the prior decedent died more decedent.
than three (3) years but not more than four (4) years prior to the (D) Miscellaneous Provisions. - No deduction shall be allowed in the
death of the decedent, or if the property was transferred to him by case of a nonresident not a citizen of the Philippines, unless the
gift within the same period prior to his death; and executor, administrator, or anyone of the heirs, as the case may be,
Twenty percent (20%) of the value, if the prior decedent died more includes in the return required to be filed under Section 90 the
than four (4) years but not more than five (5) years prior to the value at the time of his death of that part of the gross estate of the
death of the decedent, or if the property was transferred to him by nonresident not situated in the Philippines.
gift within the same period prior to his death. (E) Tax Credit for Estate Taxes paid to a Foreign Country. -
These deductions shall be allowed only where a donor's tax, or (1) In General. - The tax imposed by this Title shall be credited with
estate tax imposed under this Title is finally determined and paid the amounts of any estate tax imposed by the authority of a foreign
by or on behalf of such donor, or the estate of such prior decedent, country.
as the case may be, and only in the amount finally determined as
the value of such property in determining the value of the gift, or (2) Limitations on Credit. - The amount of the credit taken under
the gross estate of such prior decedent, and only to the extent that this Section shall be subject to each of the following limitations:
the value of such property is included in that part of the decedent's
gross estate which at the time of his death is situated in the (a) The amount of the credit in respect to the tax paid to any
Philippines; and only if, in determining the value of the net estate country shall not exceed the same proportion of the tax against
of the prior decedent, no deduction is allowable under paragraph which such credit is taken, which the decedent's net estate situated
(2) of Subsection (B) of this Section, in respect of the property or within such country taxable under this Title bears to his entire net
properties given in exchange therefore. Where a deduction was estate; and
allowed of any mortgage or other lien in determining the donor's (b) The total amount of the credit shall not exceed the same
tax, or the estate tax of the prior decedent, which was paid in proportion of the tax against which such credit is taken, which the
whole or in part prior to the decedent's death, then the deduction decedent's net estate situated outside the Philippines taxable
allowable under said paragraph shall be reduced by the amount so under this Title bears to his entire net estate.
paid. Such deduction allowable shall be reduced by an amount
SEC. 87. Exemption of Certain Acquisitions and
Transmissions. - The following shall not be taxed:

(A) The merger of usufruct in the owner of the naked title;

(B) The transmission or delivery of the inheritance or legacy by the


fiduciary heir or legatee to the fideicommissary;

(C) The transmission from the first heir, legatee or donee in favor of
another beneficiary, in accordance with the desire of the
predecessor; and
SEC. 90. Estate Tax Returns. -
(D) All bequests, devises, legacies or transfers to social welfare,
cultural and charitable institutions, no part of the net income of (A) Requirements. - In all cases of transfers subject to the tax
which insures to the benefit of any individual: Provided, however, imposed herein, or where, though exempt from tax, the gross value
That not more than thirty percent (30%) of the said bequests, of the estate exceeds Two hundred thousand pesos (P200,000), or
devises, legacies or transfers shall be used by such institutions for regardless of the gross value of the estate, where the said estate
administration purposes. consists of registered or registrable property such as real property,
motor vehicle, shares of stock or other similar property for which a
SEC. 88. Determination of the Value of the Estate. - clearance from the Bureau of Internal Revenue is required as a
(A) Usufruct. - To determine the value of the right of usufruct, use condition precedent for the transfer of ownership thereof in the
or habitation, as well as that of annuity, there shall be taken into name of the transferee, the executor, or the administrator, or any
account the probable life of the beneficiary in accordance with the of the legal heirs, as the case may be, shall file a return under oath
latest Basic Standard Mortality Table, to be approved by the in duplicate, setting forth:
Secretary of Finance, upon recommendation of the Insurance (1) The value of the gross estate of the decedent at the time of his
Commissioner. death, or in case of a nonresident, not a citizen of the Philippines,
(B) Properties. - The estate shall be appraised at its fair market of that part of his gross estate situated in the Philippines;
value as of the time of death. However, the appraised value of real (2) The deductions allowed from gross estate in determining the
property as of the time of death shall be, whichever is higher of: estate as defined in Section 86; and
(1) The fair market value as determined by the Commissioner, or (3) Such part of such information as may at the time be
(2) The fair market value as shown in the schedule of values fixed ascertainable and such supplemental data as may be necessary to
by the Provincial and City Assessors. establish the correct taxes.

SEC. 89. Notice of Death to be Filed. - In all cases of transfers Provided, however, That estate tax returns showing a gross value
subject to tax, or where, though exempt from tax, the gross value exceeding Two million pesos (P2,000,000) shall be supported with a
of the estate exceeds Twenty thousand pesos (P20,000), the statement duly certified to by a Certified Public Accountant
executor, administrator or any of the legal heirs, as the case may containing the following:
be, within two (2) months after the decedent's death, or within a (a) Itemized assets of the decedent with their corresponding gross
like period after qualifying as such executor or administrator, shall value at the time of his death, or in the case of a nonresident, not a
give a written notice thereof to the Commissioner. citizen of the Philippines, of that part of his gross estate situated in
the Philippines;
(b) Itemized deductions from gross estate allowed in Section 86; Where the taxes are assessed by reason of negligence, intentional
and disregard of rules and regulations, or fraud on the part of the
taxpayer, no extension will be granted by the Commissioner.
(c) The amount of tax due whether paid or still due and
outstanding. If an extension is granted, the Commissioner may require the
executor, or administrator, or beneficiary, as the case may be, to
(B) Time for Filing. - For the purpose of determining the estate tax furnish a bond in such amount, not exceeding double the amount of
provided for in Section 84 of this Code, the estate tax return the tax and with such sureties as the Commissioner deems
required under the preceding Subsection (A) shall be filed within six necessary, conditioned upon the payment of the said tax in
(6) months from the decedent's death. accordance with the terms of the extension.
A certified copy of the schedule of partition and the order of the (C) Liability for Payment.- The estate tax imposed by Section 84
court approving the same shall be furnished the Commissioner shall be paid by the executor or administrator before delivery to
within thirty (30) after the promulgation of such order. any beneficiary of his distributive share of the estate. Such
(C) Extension of Time. - The Commissioner shall have authority to beneficiary shall to the extent of his distributive share of the estate,
grant, in meritorious cases, a reasonable extension not exceeding be subsidiarily liable for the payment of such portion of the estate
thirty (30) days for filing the return. tax as his distributive share bears to the value of the total net
estate.
(D) Place of Filing. - Except in cases where the Commissioner
otherwise permits, the return required under Subsection (A) shall For the purpose of this Chapter, the term "executor" or
be filed with an authorized agent bank, or Revenue District Officer, "administrator" means the executor or administrator of the
Collection Officer, or duly authorized Treasurer of the city or decedent, or if there is no executor or administrator appointed,
municipality in which the decedent was domiciled at the time of his qualified, and acting within the Philippines, then any person in
death or if there be no legal residence in the Philippines, with the actual or constructive possession of any property of the decedent.
Office of the Commissioner.

SEC. 91. Payment of Tax. - SEC. 92. Discharge of Executor or Administrator from
(A) Time of Payment. - The estate tax imposed by Section 84 shall Personal Liability. - If the executor or administrator makes a
be paid at the time the return is filed by the executor, administrator written application to the Commissioner for determination of the
or the heirs. amount of the estate tax and discharge from personal liability
therefore, the Commissioner (as soon as possible, and in any event
(B) Extension of Time. - When the Commissioner finds that the within one (1) year after the making of such application, or if the
payment on the due date of the estate tax or of any part thereof application is made before the return is filed, then within one (1)
would impose undue hardship upon the estate or any of the heirs, year after the return is filed, but not after the expiration of the
he may extend the time for payment of such tax or any part thereof period prescribed for the assessment of the tax in Section 203 shall
not to exceed five (5) years, in case the estate is settled through not notify the executor or administrator of the amount of the tax.
the courts, or two (2) years in case the estate is settled The executor or administrator, upon payment of the amount of
extrajudicially. In such case, the amount in respect of which the which he is notified, shall be discharged from personal liability for
extension is granted shall be paid on or before the date of the any deficiency in the tax thereafter found to be due and shall be
expiration of the period of the extension, and the running of the entitled to a receipt or writing showing such discharge.
Statute of Limitations for assessment as provided in Section 203 of
this Code shall be suspended for the period of any such extension. SEC. 93. Definition of Deficiency. - As used in this Chapter, the
term "deficiency" means:
(a) The amount by which the tax imposed by this Chapter exceeds Officer or Revenue Collection Officer of the place where he may
the amount shown as the tax by the executor, administrator or any have his principal office, with copies of such documents and any
of the heirs upon his return; but the amounts so shown on the information whatsoever which may facilitate the collection of the
return shall first be increased by the amounts previously assessed aforementioned tax. Neither shall a debtor of the deceased pay his
(or collected without assessment) as a deficiency and decreased by debts to the heirs, legatee, executor or administrator of his
the amount previously abated, refunded or otherwise repaid in creditor, unless the certification of the Commissioner that the tax
respect of such tax; or fixed in this Chapter had been paid is shown; but he may pay the
executor or judicial administrator without said certification if the
(b) If no amount is shown as the tax by the executor, administrator credit is included in the inventory of the estate of the deceased.
or any of the heirs upon his return, or if no return is made by the
executor, administrator, or any heir, then the amount by which the SEC. 96. Restitution of Tax Upon Satisfaction of Outstanding
tax exceeds the amounts previously assessed (or collected without Obligations. - If after the payment of the estate tax, new
assessment) as a deficiency; but such amounts previously assessed obligations of the decedent shall appear, and the persons
or collected without assessment shall first be decreased by the interested shall have satisfied them by order of the court, they shall
amounts previously abated, refunded or otherwise repaid in respect have a right to the restitution of the proportional part of the tax
of such tax. paid.cralaw

SEC. 94. Payment Before Delivery by Executor or SEC. 97. Payment of Tax Antecedent to the Transfer of
Administrator. - No judge shall authorize the executor or judicial Shares, Bonds or Rights. - There shall not be transferred to any
administrator to deliver a distributive share to any party interested new owner in the books of any corporation, sociedad anonima,
in the estate unless a certification from the Commissioner that the partnership, business, or industry organized or established in the
estate tax has been paid is shown. Philippines any share, obligation, bond or right by way of gift inter
vivos or mortis causa, legacy or inheritance, unless a certification
SEC. 95. Duties of Certain Officers and Debtors. - Registers of from the Commissioner that the taxes fixed in this Title and due
Deeds shall not register in the Registry of Property any document thereon have been paid is shown.
transferring real property or real rights therein or any chattel
mortgage, by way of gifts inter vivos or mortis causa, legacy or If a bank has knowledge of the death of a person, who maintained a
inheritance, unless a certification from the Commissioner that the bank deposit account alone, or jointly with another, it shall not
tax fixed in this Title and actually due thereon had been paid is allow any withdrawal from the said deposit account, unless the
show, and they shall immediately notify the Commissioner, Commissioner has certified that the taxes imposed thereon by this
Regional Director, Revenue District Officer, or Revenue Collection Title have been paid: Provided, however, That the administrator of
Officer or Treasurer of the city or municipality where their offices the estate or any one (1) of the heirs of the decedent may, upon
are located, of the non-payment of the tax discovered by them. Any authorization by the Commissioner, withdraw an amount not
lawyer, notary public, or any government officer who, by reason of exceeding Twenty thousand pesos (P20,000) without the said
his official duties, intervenes in the preparation or acknowledgment certification. For this purpose, all withdrawal slips shall contain a
of documents regarding partition or disposal of donation inter vivos statement to the effect that all of the joint depositors are still living
or mortis causa, legacy or inheritance, shall have the duty of at the time of withdrawal by any one of the joint depositors and
furnishing the Commissioner, Regional Director, Revenue District such statement shall be under oath by the said depositors.

Das könnte Ihnen auch gefallen