NET TAXABLE STATE AND ESTATE TAX
Mr. Paterno, a citizen and resident of the Philippines, died on Nov.1, 2015. He was married and the property relationship
during the marriage was the absolute community of property. He left the following property, with their fair market
values, and obligations and charges thereon:
Agricultural land P 1,100,000
House and lot acquired by inheritance 4 ½ years ago even before the marriage; with a fair
market value of P420, 000 and a mortgage of P120, 000. Mr. Paterno paid P20, 000 before he
died. It was used as family home.
500, 000
Jewelry of Mrs. Paterno, acquired during the marriage with the exclusive money of Mrs. Paterno. 50, 000
Personal effects acquired during the marriage, with income during the marriage:
For use of Mr. Paterno 60, 000
For use of Mrs. Paterno 70, 000
Cash on hand and in banks, source of income cannot be identified 1, 300,000
Cash in bank:
From sale at a loss of exclusive property 1, 500,000
Received as a gift six year ago and before the marriage (current account) 40, 000
Other property:
Owned before marriage 90, 000
Acquired during the marriage 20, 000
Total funeral expenses of P300, 000. Paid from the estate. 58, 000
Judicial expenses 120, 000
Unpaid mortgage (already on the property at the time acquired):
On agricultural land 20, 000
On house and lot 100, 000
Other obligations 20, 000
Legacy to the Philippine Government from current account 10, 000
Exclusive Community Total
Community Properties
Agricultural Land P1, 100,000 P1, 100,000
House and lot 500,000 500,000
Jewelry 50,000 50,000
Cash (Income) from Unidentified Sources 1, 300, 000 1, 300, 000
Cash received as Gift 40,000 40,000
Property Owned before Marriage 90,000 90,000
Property Acquired during Marriage 20,000 20,000
Exclusive Properties
Cash Sale of Exclusive Property
P1,500,000 P1,500,000
Clothes
60,000
Gross Estate
P1, 560, 000 P3,100,000 P4,660,000
Less: Deductions
Ordinary Deductions
Community Deductions
Funeral Expenses (P 58, 000) (P 58, 000)
Judicial Expenses ( 120,000) ( 120,000)
Unpaid Mortgage-Agricultural Land ( 20,000) ( 20,000)
Unpaid Mortgage-House and Lot ( 100,00) ( 100,00)
Other Obligations ( 20,000) ( 20,000)
Transfer for Public Purposes ( 10,000) ( 10,000)
Vanishing Deductions (Sch) ( 74,369) ( 74,369)
Total Conjugal Deductions (P 402,369) (P 402,369)
Net Conjugal Estate P2,697,631
Special Deductions
Family Home ( 200,00)
Standard Deduction (1,000,000)
Total Deductions (1,602,369)
Net Estate
Less: ½ Share of Surviving Spouse P 3,057,631
Gross Community Estate P3,100,000
Community Deductions ( 402,369)
Net Community Estate 2,697,631
(2,697,631/2) ( 1,348,816)
Net Taxable Estate P1,708,816
Estate Tax:
On P 5000,000 P 15,000
1,208,815 at 8% 96,705
P1,708,815 P111,705
Schedule of Vanishing Deduction:
P420,000
Value taken, Property inherited 20,000
Less: Mortgage paid P400,000
Initial bases
Less: P400,000 x 328,000*** 28,155
P 4,660.000** ________
Final Basis P371,845
_____20%
Multiply by rate
P74,369
Vanishing deduction
* Family home: P500,000 (fair value) – P100,000 (unpaid mortgage) = P400,000
** Gross estate
*** Funeral expenses, judicial expenses, unpaid mortgage-agricultural land, house & lot, other obligations, transfer
for public purpose
Illustration (pre-TRAIN): Mr. and Mrs. Polo made donations of their conjugal property to the following:
Date of donations Donee Property Donated Fair Market Value
Feb.14 To Berna, daughter and Resthouse in Zambales P 800, 000
Mario, her groom on their
marriage last Jan.25.
April 8 To Phil. National Red Cross Cash 400, 000
(PNRC)
April 13 To the Province of Bulacan Lot for Public playground 2, 000, 000
May 13 To Dina, Mrs. Polo’s sister Apartment one unit 700, 000
as gift for Dina’s birthday.
June 13 To Mayor Reynes who is Cash 300, 000
running for reelection.
Sept. 20 To Lito, Mr. Polo’s brother Cash 430, 000
for topping the medical
board exam.
● On the one-unit apartment donated by Mrs. Polo to her sister, Dina has unpaid mortgage of P300, 000.
● Of the P430, 000 cash given to Mr. Polo’s brother, Lito, Mr. Polo pointed out that P30, 000 must be
donated to St. Paul, The Apostle Parish.
The donor’s tax payable by each spouse for last donation made within the years are computed below:
Mrs. Polo
1. Donor’s tax to be based on the table for donations to non-strangers.
Gross Gift, May 13, To Dina P350, 000
Less: Exemption 150, 000
Net Gift , This Date P200, 000
Add: Prior Net Gift
Gross Gift, Feb. 14, To Berna P200, 000
Less: Exemption 10, 000 190, 000
P390, 000
Donor’s tax, Total Net Gift
On P200, 000 P2, 000
190, 000 x 4% 7, 600
P 390, 000 P9, 600
Less: Tax on Prior Net Gift
On P100, 000 Exempt
90, 000 x 2% P1, 800 1, 800
P190, 000
Donor’s Tax Still Due 7, 800
2. 30% Donor’s tax for donations to strangers
Gross Gift, Sept. 20, To Lito
Less: Exemption P215, 000
Net Gift 15, 000
Add: Prior Net Gift
P200, 000
Gross Gift, Feb. 14, To Mario
Less: Exemption
Net Gift, This Date
Gross Gift, Apr. 8, To PNRC P200, 000
Less: Exemption
Net Gift, This Date 0
P200, 000
Gross Gift, Apr. 13, To Bulacan
Less: Exemption
Net Gift, This Date
P200, 000
Total Net Gift 200, 000
Multiply by:
Donor’s Tax on Total Net Gift
Less: Donor’s Tax on All Prior Net 0
Gift (2/14, P200, 000 x 30%)
Donor’s Tax Due
P1, 000, 000
1, 000, 000
0 200, 000
400, 000
30%
120, 000
60, 000
P 60, 000
Mr. Polo
1. Donor’s tax to be based on the table for donations to non-strangers.
Gross Gift, Sept. 20, To Lito
Less: Exemption P215, 000
Net Gift, This Date 15, 000
Add: Prior Net Gift
Gross Gift, Feb 14, To Berna P200, 000
Less: Exemption
Aggregate Net Gift
P200, 000
Donor’s Tax, Total Net Gift
10, 000 190, 000
On P200, 000 P390, 000
190, 000 x 4%
P 390, 000
Less: Tax on Prior Net Gift P2, 000
7, 600
On P100, 000 Exempt P9, 600
90, 000 x 2% P1, 800
P190, 000
Donor’s Tax Still Due
1, 800
7, 800
2. 30% Donor’s tax for donations to strangers
Gross Gift, May 13, To Dina
Less: Exemption
Net Gift
Add: Prior Net Gift
Gross Gift, Feb. 14, To Mario
Less: Exemption
Net Gift, This Date
P200, 000
Gross Gift, Apr. 8, To PNRC
Less: Exemption 0
Net Gift, This Date
P200,000
Gross Gift, Apr. 13, To Bulacan
Less: Exemption
Net Gift, This Date P200, 000
Total Net Gift 200, 000
Multiply by: 0
Donor’s Tax on Total Net Gift
Less: Donor’s Tax on All Prior Net
Gift (2/14, P200, 000 x 30%)
Donor’s Tax Due P1, 000, 000
1, 000, 000
0 200, 000
400, 000
30%
120, 000
60, 000
P 60, 000