Beruflich Dokumente
Kultur Dokumente
Exclusive Common
Gross Estate XXX XXX
Less: Deductions (XXX) (XXX)
Net Estate before share of surviving spouse XXX XXX
Less: Share of surviving spouse -
Net Estate before special deductions XXX XXX
Less:
Special Deductions
Family Home
Standard Deductions
Medical Expenses
Taxable Net Estate
Tax Due
Less: Estate Tax Credit
Tax Payable
XXX
(XXX)
(XXX)
(XXX)
XXX
XXX
(XXX)
XXX
FORMAT OF COMPUTATION:
Taxpayer in Estate Tax: Estate (juridical person)
represented by:
Administrator: appointed by court (absence of last will & testament)
Executor: appointed in the last will & testament
Gross Estate
+Revocable Transfer
+Trnsfr under the gen. power of apptmnt.(Only power to appoint was given as to who will own
the property)
+Trnsfr for insufficient fund.(para ma-subj sa Estate tax may kinalaman sa taas na item)
Funeral Expense
I.1 Timeline: up to Interment/Cremation
Judicial Expenses
2
Timeline: Estate Tax Return or 6 mos + 30 days extension Settlement of estate
Unpaid Mortgages
5 Timeline:before Death
Unpaid Taxes
7
Timeline:before Death
Family Home
II
Dwelling House where they & their family reside and the land on which it is situated
IV Medical Expenses
Timeline:incurred w/in 1 yr b4 the death of the decedent
Tax Payable
Recognition
CPOG
Property of SS - Exclusive - Not included in Decedent's GE
- Conjugal
ACOP
Property of SS - Exclusive - Not included in Decedent's GE
- Community
Si A ang mgpapamana sa 2 anak - B ikaw ang legal na may ari nyan, at C ikaw ang may right na
gumamit nyan habang nabubuhay si C of w/ specific date kung kelan nya gagamitin, pagnamatay si C
or ng lapse na ang pd ibabalik na kay B,
Included sa GE of A:YES
Included sa GE of B:YES
Included sa GE of C:No
Included sa GE of X:YES
Included sa GE of Y:NO (Fiduciary)
Included sa GE of Z:YES (Fideicommisary)
To be qualified as fiduciary and Fideicommissary Relationship
The relationship SHOULD BE ONE degree - Father-->Son or Son-->Father
Technique:If may asawa mas maganda na i-classify in Gross Estate into Common and Exclusive para
pag computa ng SSS pipick up mo nlang ang amt
Ordinary Deductions - Ito lang ang need na i- classify kung may asawa man- Common or Exclusive
Deductions. Based sa formula in computing SSS
Special Deductions - hindi na classify, 100% deductible
ADMINISTRATIVE:?
MAY NAKA ATTACHED NA PROPERTY
What is Estate: is the mass of property, rights and obligation left by a decedent.
>thought of death ;to avoid to utilize the lower rate in Donation tax as compared to
Estate tax -wlang ligtas sa BIR
>enjoyment of prop may be revoked by decedent;habang buhay si Decedent pdeng i-assign
nya ulit ang property sa iba.
>dec was given auth to hold prop during his lifetime & name beneficiaries when he dies
>If General power of Apptment was given - he can choose anyone including himself as to
who will own d property.INCLUDED
>If Special power of Apptment was given - Dec specifically identified the beneficiary
EXCLUDED if he was'nt identified as ben.
>dec retains for himself the economic benefit of prop & to designate person who may
exercise such rights. Habang buhay si Dec sa kanya mapupunta ang kita/gain na kanyang
ibinigay
no income pass on to d benefit of private ind & not more than 30% of such shall be used
for administrative purpose
mourning apparel of SS & unmarried minor
children,foods&drinks,publication,telecom,interment
Estate is the DEBTOR, Unsecured Debt,if loan incurred w/in 3 yrs b4 death the Adm or
Executor is required to render a stmt showing the disposition of loan proceeds
-if loan based on debt inst. -such inst MUST be NOTARIZED
Taxes w/c have accrued as of death of the decedent w/c were UNPAID.
The Tax credit os granted for estate taxes paid to a foreign country on the estate of
citizens & residents aliens subject to the ff limitations below
CPOG - During marriage, - CONJUGAL on both from Conjugal Prop & Excl Prop
ACOP - During marriage, - Source is COMMUNITY on Conjugal from Conjugal Prop & Source is Exclusive from Excl Prop
- Kung ano ang puno, iyon ang bunga
(+) Whichever is Higher
(-) Whichever is Lower
FMV:Financial Acctg - No
It is the FMV declared for real property tax purposes
Zonal Value - valuation of BIR, website of BIR
*Gitna
Measurement Exemption
FRANSHASHASHASHA
If any of this is not a bonafide sale for an adequate Amt to be included in GE:
consideration in money/moneys worth only the excess of FMV FMV @Death XXX
@ time of death over consideration received is included in -Cash Consd Recd XXX
GE GE, included XXX
Actual Amt - No limit but only to expenses that will (-)Atty fee for personal interest
benefit of the estate, not benefit of the heirs among estate
(-)covered by Insurance
Actual or FMV at the time of death,not compensated by
(-)Pref Creditor
insurance (-)Claimed as deduction in ITR
Actual Amt
1,000,000
(XXX)
(EITHER) (EITHER)
depending on prop depending on
attached prop attached
(EITHER) (EITHER)
depending on prop depending on
attached prop attached
(EITHER) (EITHER)
depending on prop depending on
attached prop attached
(EITHER) (EITHER)
depending on prop depending on
attached prop attached
(EITHER) (EITHER)
depending on prop depending on
attached prop attached
(XXX)
(XXX)
- (XXX)
XXX
XXX
(XXX)
XXX
VALUATION OF GROSS ESTATE
1.Usufruct
2.Real Property
3.Personal Property
4.Shares Traded in Local Stock Exchange
4.Shares Not Traded in Local Stock Exchange
(+)Dowry
(-)Real Property, as
capital asset
XXX XXX
XXX XXX
XXX XXX
XXX XXX
XXX XXX
XXX XXX
XXX
(XXX)
(XXX)
XXX
VAT Subject Transactions
Purchases
Importation
Presumptive
Transitional
Standard
Business Taxes
1 IV VAT
2 V OPT
3 VI Excise, Tobacco, Auto, Frag, Gas, Wine
Deemed Exportation
1. Sale of Raw Materials, Packaging Materials
Qualification:
1. Raw Materials/Packaging Materials - Check
2. Sale to Non Resident Buyer - Check
3. but delivered to local export oriented enterprise - Check
A. Taxpayer--> Non Resident Buyer -->Local Export oriented enterprise
(hindi sya pdeng mg export,pinadaan nya
kay LEO <--
1. Raw Materials/Packaging Materials - Check
2. Sale to Local Export oriented enterprise - Check
3. Local export oriented enterprise that exceed 70% of total amount production- Check
B. Taxpayer --> Local Export oriented enterprise --> Non Resident Buyer
TRAIN - Exempt
Ecozone
CAVITE >Defined portion of teritory
>If you plant to e a building, you can
apply as Ecozone
>Effect: areas declared as Ecozone, known
as Foreign Territory as if ng eexport siya
kaya 0 %
ECOZONE
Sale of Services
>Goods in Sec 149 & 150 Non essential->Jewelries,Toilet Water (Eau de Toilette)
>Babayaran sa Foeign Currency
12% Output VAT
0% Zero Rated
Output VAT
P I S O
Purchase + Input Sales + Output
Seller-->Buyer (Transfer)
With Choice: Seller In Importation: No choice, only Exclusive
Exclusive: x 12% Exportation --> Importer; always Exclusive
Inclusive: x 12% /1.12
duction- Check
Classif. of Seller V V N N V V
Import <-- A --> B --> C --> D --> E --> F
What if ?
N V V N
Import <-- A --> B E --> F
Output VAT - Sale X X
Input VAT - Purchase X X
Generalization:
If A is NV All Vat Taxpayer
No Input All have Output
No Output For VAT taxpayer who wants to claim Input Tax, They
should buy to a Vat Taxpayer
If F is NV
No Input
No Output
-->Export
ZERO RATED
YES REFUND
-->Export
EXEMPT
1 Agriculture (A,B,F)
A Sale or importation of Agricultural Food Product Marine Food Product
o For human consumption in their orignal state
SPECIAL CASES:
o Rabbit (E) considered agricultural food product
EX: A sale of dressed chicken by SM to its customers even if the supermarket is subject to VAT (E)
A sale of smoked fish by its producer even if seller-producer is earning annual gross sales omore that
P 1,919,500 (E)
A sale of fresh Tilapia and fresh eggs in the market (E)
A sale of Chicken by an angricultural contract grower to Magnolia Corp (its supplier of feeds) is
exempt from VAT (E)
A sale of sugarcane
OTHER NOT FAMILIAR MARINE PRODUCTS
o Crustaceans (crabs,lobster), Trout (fish)(E)
OTHER NOT FAMILIAR AGRI PRODUCTS o livestock,fouls,poultry
OTHERS
o Tuyo(E) ,Daing(E) and Salted Egg(E)
EXEMPTIONS:
o Bamboo Poles (V) though in its original state, however it's nof for human consumption -Hindi nakakain
o does not include fighting cocks,racehorses,zoo animals & PET animals -except rabbit (V)
EX: A sale of a goldfish by a petshop (V)
A sale of fried chicken by a fastfood chain to its customers, frying involves cooking oil (V)
B Sale or Importation of raw materials that will be needed for agricultural products ONLY
o fertilizer,seeds,seedlings & fingerlings(E)
o feeds of marine food products including ingredients -use to manufacture of feeds E)
EXEMPTIONS:
o feeds of race horses, fighting cocks, aquarium fish,zoo animals and PET (V)
o Ingredients to make fertilizer (V)
4 Cooperatives (L,M,N)
L Agricultural Cooperatives
o Products in its original state)-Member/NonMember (E)
o Processed Product-Produced by Coop: Member(E)Nonmember(E)
o Processed Product-Not Produced by Coop: Member(E)Nonmember(V)
o Interest(E)
o House & Lot - 400K ; lot Only - 160K (40% of max limit in H&L) (E)
o Lot ONLY - does not exceed 3,199,200 (E)
4. Sale of Residential LOT valued @ 1,919,500 and H&L @ 3,919,200
Sale to Mr. A (E) - do not exceed 3,199,200
Sale to Mr. B (E) -NOT ADJACENT
Sale to Mr. C (V) -ADJACENT (magkatabi)
5. Condominium - #4 applies
Sale to Mr. D (E) - do not exceed 3,199,200
Sale to Mr. E (V) -ADJACENT (magkatabi)
Sale to Mr. F (V) -ADJACENT 10th & 11th flr but
NO Regulation yet magkatabi
REASONABLE JUDGEMENT: ADJACENT
3 Institutions (G,H,R,U,J)
G Medical,dental,hospital & veterinary services (E)
EXEMPTIONS:
o Professional Fees (V)
3 Requirements (E)
1. Printed at regular intervals
2. Available for Subscriptions @ fixed rate
3. Not principally devoted to PAID ADVERTISEMENT
EXEMPTIONS: e-book, online library
Advertisement in publication (V)
U BANKS - Services of banks,non-bank finl intermediaries-quasi banking func.
o Money changers,pawnshops - subj to Percentage tax(E)
6 Transportation (S,T)
o Transport of passengers by international carriers doing buss in Phils -
S International(E)
EX: Medical Services rendered to confined patient by a doctor employed in hospital. (E)
9 Special Laws (K)
o Sales to Senior Citizen and PWD
o Treaty to which Phils is signatory
o Law granted to Petroleum Exploration Concessionaires
10 Export - normally zero rated
o Export by Non Vat registered Taxpayers (E)
EXEMPTIONS:
o Export of Fresh kamatis (ZERO RATED)0%
* Not fall in (A) because it refers to Importation not Exportation