Tax 302 – Business and Transfer Tax

Prepared by: Mark Paul I. Ramos

MODULE 8
Donor’s Tax

INTRODUCTION
This module discusses the concept of donation and donor’s tax. It will also tackle the
concepts on gross gifts, deductions/exemptions from gross gift and computation of the donor’s
tax. The last part of the module will discuss the administrative requirements pertaining to
donor’s tax.

INTENDED LEARNING OUTCOMES

ILO 1 – Understanding the concepts of donation, gross gift, deductions/exemptions from gross
gift
ILO 2 – Application of principles in the computation of donor’s tax
ILO 3 – Use of principles for filing and payment of donor’s tax

DONATION
Donation is an act of liberality whereby a person disposes gratuitously of a thing or
right in favor of another, who accepts it.

The Civil Code considers donation as a contract, as shown by the fact that it requires
acceptance, and that the rules on obligations and contracts apply to it as a suppletory law.
The donation is a bilateral act, and as such, is a contract; but it is a unilateral contract which
imposes obligations only on the donor.

Requisites of a valid donation

For purposes of donor’s tax, the requisites of a donation are:
1. Capacity of the donor
2. Donative intent
3. Delivery of the subject matter of the gift, and
4. Acceptance of gift by the donee

All persons who may contract and dispose of their property may make a donation. The
donor’s capacity shall be determined as of the time of the making of the donation.

Donative intent is required only in direct gift. Thus, in transfers for insufficient
consideration, donative intent is not necessary,

Delivery may be actual or constructive. There is delivery if the subject matter is within
the dominion and control of the donee.

The donation is perfected from the moment the donor knows of the acceptance of the
donee. It is completed by the delivery either actually or constructively of the donated property
of the donee.

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The acceptance is necessary because nobody is obliged to receive a gift against his
will. And once the acceptance is made known to the donor, the will of donor and donee concur,
and the donation, as a mode of transferring ownership becomes perfect.

The donee must accept the donation personally, or through an authorized person with
a special power for the purpose, or with a general and sufficient power. Otherwise, the
donation shall be void.

Minors and others who cannot enter into a contract may become donees but
acceptance shall be done through their parents or legal representatives.

Donations made to conceived and unborn children may be accepted by those persons
who would legally represent them if they were already born.

Formalities of a donation
The formalities required in a donation will depend on whether the property is movable
or immovable, thus if it is:
1. Movable – the donation may be made orally or in writing
An oral donation requires the simultaneous delivery of the thing or of the
document representing the right donated.

If the value of the personal property donated exceeds P5,000, the donation and
acceptance shall be made in writing. Otherwise, the donation shall be void.

2. Immovable – in order that the donation of an immovable may be valid, it must be made
in a public document, specifying therein the property donated and the value of the
charges which the donee must satisfy.

DONOR’S (GIFT) TAX

Donor’s tax is a tax on a donation or gift, and is imposed upon on the gratuitous transfer
of property between two or more persons who are living at the time of transfer.

A donor’s tax is a tax levied, assessed, collected, and paid upon the transfer by any
person, resident or nonresident, of the property by gift.

It is a tax imposed on the exercise of the donor’s right during lifetime to transfer
property to others in the form of gift.

The donor’s tax is not property tax, but is a tax imposed on the transfer of property by
way of gift inter vivos.

As in the case of the estate tax, the donor’s tax is an excise. Thus, the tax is imposed
on the donor and determined with reference to all the donor’s gifts.

In donor’s tax, the law imposable is the law in force at the time of the
perfection/completion of the donation.

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Transfers subject to the gift tax

The gift tax is, and is intended to be, comprehensive. While limited to transfers of
property (no tax is payable on donated services), anything of value may be the subject of
taxable transfer. The tax applies to cash gifts and to those in the form of realty or tangible or
intangible personal property. Nor need gifts be made directly, one’s payment of one’s child
mortgage or interest on the mortgage is a gift to the child. Beyond this, any discernible
gratuitous shifting of financial advantage from one to another may constitute a gift.

That is why, everyday classes of property such as a house, a car, jewelry, furniture,
books, cash, and intangibles such as stocks, bonds, patents, patent applications, and real
estate are all property that may be the subject of a taxable transfer.

But of course the scope of the term “property” is much broader. Partial interests in
property are also “property”. Thus, an income interest in a trust, a right to share in future rental
payments, and an option to purchase property and all interests in property that can be the
subject of a gift, notwithstanding possible difficulties of valuation are included in the term
property.

Whenever property, or property rights or interests are gratuitously passed to or

conferred on another, the gift tax will apply to such transfers regardless of the means or
devices employed or the form of the transaction.

Dominion and control

A timing question arise with respect to gifts that take the form of something less than
an outright transfer. The key to answering the question of when a gift is made is the
determination whether the donor has relinquished dominion and control over the property or
property interest transferred.

For example, a transfer of property to another may constitute a gift.

However, if the donor retains a right to revoke it, the donor has not relinquished control
over the property and no gift has yet occurred.

If the donor should later relinquish the right to revoke, the transfer would then be
complete for gift tax purposes.

This suggests two related thought: first, the time at which the gift becomes complete
determines when it must be reported, and gift tax be paid. Second, valuation of the gift is to
be made at the time the gift becomes complete.

A gift that is incomplete because of reserve powers, becomes complete when either
(1) the donor renounces the power; or (2) his right to exercise the reserve power ceases
because of the happening of some event or contingency or the fulfillment of some condition,
other than because of the donor’s death.

Thus, if in 2015, Arbaja donated 100 shares of BMW Resources stock to Bagana, and
then in 2018 relinquished the power of revocation, the gift tax liability on the transfer would be

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measured not by the lower value of the stock when it was donated, but by its greater value
when the gift became complete.

Purposes of gift tax

The purposes for the imposition of gift tax are the following:
1. To prevent avoidance of estate tax.
With the adoption of an estate tax, it is possible that some property owners
might attempt to avoid the estate tax by transferring their property by way of
donation inter vivos which, under prior law, was exempt from death tax.
It is not unnatural that they should desire to avoid the imposition of the
estate tax upon their estates so that such estates may pass to the objects of
their bounty unimpaired. It is to forestall such an eventuality that the gift tax has
been conceived.

2. To prevent or compensate for the loss of the progressive rates of income tax when
large estates are split up by gifts to numerous donees.

Gifts in trusts
Gift tax shall apply whether the transfer is in trust or otherwise, whether the gift is direct
or indirect, and whether the property is real or personal, tangible or intangible.

A trust is an arrangement created by will or an agreement under which title to property

is passed to another for conservation or investment with the income therefrom and ultimately
the principal to be distributed in accordance with the directions of the creator as expressed in
the governing instrument.

A gift in trust is a gift to the beneficiary of the trust and not to the trustee.

A taxable transfer includes not only the transfer of ownership in the fullest sense but
also the transfer of any right or interest in property, but less than title.

Forgiveness of indebtedness
If the creditor condones the indebtedness of the debtor, the following rules shall apply:
a. On account of debtor’s services to the creditor, the same is taxable income to
the debtor
b. If no services were rendered but the creditor simply condones the debt, it is
taxable gift not taxable income

ILLUSTRATION
Alonzo, an architect, owes Zulueta a businessman, P30,000. The latter engaged the services
of the former to remodel his house. The value of the services rendered amounted to P30,000.
Accordingly, Zulueta cancelled the debt of Alonzo.

a. Is the P30,000 value of services taxable?

- Yes, it is a simple case of indebtedness to Zulueta. Consequently, the P30,000 is
taxable to Alonzo as an income.

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b. Suppose Zulueta condoned the debt of Alonzo without requiring the latter to render
any service. Is the P30,000 subject to income tax?
- The case is a matter of condonation which is purely based on the liberality of the
benefactor. Thus, it is considered as a gift which is governed by the law on donor’s
taxation.

Constitutional provision on donation

Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes shall be exempt
from tax.

This provision is not self-executory. That is why, there is still a need for an enactment
of a law by the Congress to make this effective.

It should be noted, however, that donations in favor of educational institutions which

are declared as non-profit are expressly exempt from the payment of donor’s tax, provided
that not more than 30% of said gifts shall be used by such donee for administration purposes.

Renunciation of inheritance
A renunciation of inheritance in favor of a co-heir is not a donation for the purpose of
taxation, even if the renouncing heir says “I donate to my co-heir my share”.

The reason is that the effects of the repudiation or renunciation shall always retroact
to the moment of the death of the decedent. Therefore, the renounced share accrues to the
other heirs, so that any word to that effect, by the heir is a mere surplusage.

On the other hand, if a renunciation is made in favor of another person not a co-heir,
there is a donation.

In other words, if the effects of the donation are the same as what the law on
succession would provide, then there is no donation. But if the effect is to change the
distribution of the estate, then there is a donation.

A renunciation by the surviving spouse of his or her share in the conjugal partnership
or absolute community after the dissolution of the marriage in favor of the heirs of the
deceased spouse or any other person/s subject to donor’s tax.

General renunciation by an heir, including the surviving spouse, of his or her share in
the hereditary estate left by the decedent is not subject to donor’s tax, unless specifically and
categorically done in favor of identified heir(s) to the exclusion or disadvantage of the other
co-heirs in the hereditary estate.

Donation of a life insurance

When a person gets a life insurance and name a third person as his beneficiary, and
then the insurance becomes payable by death of the insured, there is a donation in favor of
the beneficiary, not in the sum received by the heir from the insurer, but in total amount of
premiums that have been paid by the insured.

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1. the insured purchases a policy all the benefits of which are payable to
beneficiaries other than the insured’s estate and the insured retains no power
to change the beneficiaries or other proportionate benefits, or to revest the
economic benefits in himself or his estate and no reversionary interest in
himself or his estate
2. the insured relinquishes his assignment, by designation of a new beneficiary,
or otherwise, every power retained by him in a previously issued policy

In this case, an additional gift results everytime a premium is paid by the insured.

Void donations
Those made between persons who were guilty of adultery or concubinage at the time
of donation, or to those found guilty of the same criminal offense, in consideration thereof, or
donations made to a public officer or his wife, descendants, by reason of his office are void
donations.

Consequently, the above donations are not subject to donor’s tax.

Contribution for election campaign

Any contribution in cash or in kind to any candidate, political party or coalition of parties
for campaign purposes shall be governed by the Election Code, as amended.

Remuneratory donations
Remuneratory donations are those which remunerate past services which do not
constitute demandable debts. These donations are not in consideration of liberality, but of
services performed such as donations made to one who saved the donor’s life, or to an
accountant who renounces his fees for services rendered to the donor.

Since the motivating cause in remunerative donation is gratitude, acknowledgment of

favor, or desire to compensate, and not the liberality of the donor, they are not subject to gift
tax. Instead, they are income subject to income tax.

Donation of property between spouses

Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses may give
each other on the occasion of any family rejoicing. The prohibition shall also apply to persons
living together as husband and wife without a valid marriage.

Therefore, donation of this kind are not subject to donor’s tax.

Splitting of gift
Splitting of gift is a tax minimization scheme which is done by spreading the gift over
numerous calendar years to avail of lower tax liability.

The gift-splitting scheme is a legally permissible means to reduce or escape totally

from a possible tax liability. It is not therefore, illegal.

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Other than the exemption of P250,000 of net gift per year, this scheme may no longer
be advisable on donations made effective 2018 because under the TRAIN Law donor’s tax is
now a proportional tax with a fixed rate of 6%.

It is no longer a progressive tax.

GROSS GIFT
The term gross gift includes real and personal property, whether tangible or intangible,
or mixed, wherever situated.

Composition of gross gift

The composition of gross gift will depend on the citizenship and/or residence of the
donor. If resident or citizen, he is taxable on properties situated within and without the
Philippines. However, if the donor is a non-resident alien, he shall be subject to tax on
properties donated which are located within the Philippines only.

Thus, if the donor is a citizen or resident alien, the gross gift may be composed of:
1. real property, within or without the Philippines
2. tangible personal property, within or without the Philippines
3. intangible personal property, within or without the Philippines

In case of a non-resident alien, the gross gift maybe composed of the following:
1. real property, within the Philippines
2. tangible personal property, within the Philippines
3. intangible personal property, within the Philippines, unless there is reciprocity in
which case it is not taxable

Resident or Nonresident alien Nonresident alien

Classification of property citizen (no reciprocity) (with reciprocity)
Real property
Within Yes Yes Yes
Without Yes No No
Personal property
Tangible within Yes Yes Yes
Tangible without Yes No No
Intangible within Yes Yes No
Intangible without Yes No No

Rule on reciprocity
The rule on reciprocity applies if the following requisites are present:
1. the donor is a nonresident alien
2. the properties are intangible which are situated in the Philippines

No donor’s tax shall be collected in respect of intangible personal property in the

following instances:

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1. if the donor at the time of donation was a citizen and resident of a foreign
country which at the time of the donation did not impose a transfer tax on
intangible personal property of the citizens of the Philippines not residing in that
foreign country
2. if the law of the foreign country of which the donor was a citizen and resident
at the time of the donation allows a similar exemption from transfer taxes of
every character or description in respect of intangible personal property owned
by citizens of the Philippines not residing in that foreign country

Intangible personal property

The following intangible personal properties are considered within the Philippines:
1. Franchise which must be exercised within the Philippines
2. Shares, obligations or bonds issued by any corporation or Sociedad anonima
organized or constituted in the Philippines in accordance with its laws
3. Share, obligations or bonds issued by any foreign corporation 85% of the business of
which is located in the Philippines
4. Shares, obligations or bonds issued by any foreign corporation if such shares,
obligations or bonds have acquired a business situs in the Philippines
5. Shares or rights in any partnership, business or industry established in the Philippines.

Valuation of gifts made in property

The valuation of the property donated shall be made at the time of gift which is the time
of the terminating event.

If the gift is made in property, the FMV thereof at the time of the gift shall be considered
the amount of the gift.

In case of real property, the value is whichever is higher between the FMV as
determined by the Commissioner of Internal Revenue (zonal value) or FMV as shown in the
schedule of values fixed by the Provincial and City Assessors (assessor’s value).

Fair market value is defined as the price at which any seller will sell and any buyer will
buy, both willingly without any force or intimidation.

In the case of stocks, bonds or other securities, the following rules shall apply:
1. If listed and traded in the stock exchange, the FMV shall be the mean between the highest
and lowest quoted selling prices of the securities on the valuation date.
2. If not listed and traded in the stock exchange, the FMV shall depend on whether the stocks
are preferred or common.

If the stocks are common, the market value shall be the book value of the security on
the date nearest the valuation date.

If the stocks are preferred, the FMV shall be the par value of the security.

Donation of conjugal or community property

Neither spouse may donate any conjugal or community property without the consent
of the other. However, either spouse may, without the consent of the other, make moderate

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donations from the conjugal/community property from charity or on occasion of family rejoicing
or distress.

If the property donated is a conjugal or community property and only the husband
signed the deed of donation, there is only one donor for donor’s tax purposes, without
prejudice to the right of the wife to question the validity of the donation without her consent,
pursuant of the Civil Code of the Philippines and the Family Code of the Philippines.

Husband and wife are considered as distinct taxpayers for donor’s tax purposes. Thus,
in case a gift is made by the spouses out of conjugal or community property, each of them is
a donor out of the respective share in the property.

ILLUSTRATION
Mr. and Mrs. Asiwa donated the following properties to their son, Wasoy:
Land in Baguio City (community) 250,000
Personal car (exclusive of husband) 120,000
Jewelry (paraphernal of wife) 80,000

The gross gift of each spouse is computed as follows:

Mr. Asiwa Mrs. Asiwa

Land in Baguio City (250,000 x ½) 125,000 125,000
Personal car 120,000 -
Jewelry - 80,000
Gross gift 245,000 205,000

EXEMPTIONS/DEDUCTIONS FROM GROSS GIFT

Exemptions are donations or gifts which are not taxable because exempted by law,
Constitution or treaty.

Those exempted under the law are either exempt under the Code or under special
laws.

Exemptions are diminutions from gross gift for purposes of computing the net gift.

“Net gift” shall mean economic benefits from the transfer that accrues to the donee. It
is computed by subtracting the allowable deductions from the gross gift.

Deductions from gross gift

Deductible items encompass administration expenses, unpaid mortgages and
indebtedness with respect to the property, claims against the property, and accrued expenses
at termination which are assumed by the donee.

The taxable amount of a taxable distribution is the value of the property received by
the transferee reduced by any consideration provided by the transferee in accordance with

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the desire of the donor, or with the agreement between him and the donee that will result to
the actual amount of benefit received by the transferee.

Thus, the following are deductible from the donor’s gross gift:
1. Mortgage or other encumbrances on the property donated which was assumed
by the donee
- Alipusta donated to Bayani a parcel of land worth P2,000,000 located in Antipolo
City. At the time of the donation, the property was mortgaged to a bank for
P400,000. If Bayani will assume the mortgage indebtedness on the land, then said
amount shall be deducted from the gross gift. In that case, only P1,600,000 shall
be the net gift.

2. Amount specifically provided by the donor as diminution on the property

donated
- Altura gave cash of P600,000 to Barracuda as a birthday gift. There is a condition,
however, that the donee shall pay Altura’s debt with Cabredo in the amount of
P65,000 which Barracuda agreed.
- In this case, the payment made by Barracuda to Cabredo has diminished the
economic benefit which Barracuda received from the donor. Hence, the amount of
P65,000 shall be deducted from the gross gift.

Exempt donations under the Code

1. Donations to the government
Gifts made to or for the use of the National Government or any entity created by
any of its agencies which is not conducted for profit, or to any political subdivision
of the said government.

For purposes of the exemption, it is necessary that a government entity

must be a nonprofit functionary. A governmental agency that is exercising
propriety function and subject to income tax is not a nonprofit office within the
contemplation of tax exemption.
The term “political subdivision” refers to a barangay, municipality, city,
and province. Gifts given to these municipal corporations are tax exempt if
the property donated is exclusively used for public purpose.
The exemptions (including donations falling under Number 2 below) are
allowed as deductions whether they are resident citizens, nonresident
citizens, resident aliens, or nonresident aliens.

2. Donations to nonstock and nonprofit institutions

Gifts in favor of nonprofit educational and/or charitable, religious, cultural, or social
welfare corporation, institution, accredited nongovernment organization, trust or
philanthropic organization or research institution or organization.

Provided, however, that not more than 30% of said gifts shall be used
by such donee for administration purposes.
For purposes of this exemption, a nonprofit institution is one which is:
a. Organized as a nonstock entity
b. Paying no dividends

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c. Governed by trustees who receive no compensation

d. Devoting all its income, whether student’s fees or gifts, donations,
subsidies or other forms of philanthropy, to accomplishment and
promotion of the purpose enumerated in its Articles of Incorporation.

It is important that donations must be given to nonprofit institutions

because direct gratuities to poor or otherwise worthy individuals, no matter
how much they may be inspired by charitable impulses, give rise to no
deduction.
In general, the exemption is measured by the amount of money given
or, for gifts of property other than cash, by the FMV of the property given.

ILLUSTRATION
Oslie, an American residing in Seattle, USA made the following donations:

To his daughter, Jucille who is getting married on June 12 300,000

Parcel of land to Barangay Tomatarayo, Balatan, Camarines
Sur, for use as site of the barangay hall, barangay health
center, day care center and barangay plaza 400,000
Cash given to Hospicio de San Jose, a charitable institution 100,000

The net gift will be computed as follows:

To Jucille 300,000
Barangay Tomatarayo 400,000
Hospicio de San Jose 100,000
Total Gifts 800,000
Less: exemptions
Barangay Tomatarayo 400,000
Hospicio de San Jose 100,000 500,000
Net gift 300,000

3. Exempt gift of P250,000 annually

This exemption is fixed at P250,000 for every one calendar year.

Accreditation of corporations, associations or NGOs

The Philippine Council for the Non-Government Organization (NGO) Certification
(PCNC) shall be the authorized accrediting agency to determine the qualifications of domestic
corporations or associations or NGOs organized and operated exclusively for religious,
charitable, scientific, youth and sports development, cultural or educational purposes, or for
rehabilitation of veterans, or to NGOs for accreditation as donee institutions.

No corporations, associations or NGOs, however, shall be processed for accreditation

by the PCNC unless it has secured a valid registration with the government agency that
exercises regulatory function over such corporation, association or NGO.

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The following departments are hereby designated Accrediting Entities to determine the
qualification of nonstock, nonprofit corporations, non-governmental organizations,
associations, and foundations for accreditation as qualified donee institution, to wit:
a. DSWD for charitable and/or social welfare organizations, foundations, ad
associations including but not limited to those engaged in youth, child, women,
family, disabled persons, older persons, welfare and development
b. DOST for organizations, associations and foundations primarily engaged in
research and other scientific activities
c. Philippine Sports Commission (PSC) for organizations, foundations, and
associations primarily engaged in sports development
d. National Council for Culture and Arts (NCAA) for organizations, foundations
and associations primarily engaged in cultural activities
e. Commission on Higher Education (CHED for organizations, foundations and
associations primarily engaged in educational activities

Donations of a co-owned property

As previously stated, a gift made by the spouses of conjugal property shall be deemed
separate donations by the husband and wife in proportion to their respective interests. In other
words, there will be two donations made and two separate computations of donor’s taxes.
However, unless the wife expressly joins in making the donation of conjugal property, it shall
be deemed to have been made by the husband alone.

ILLUSTRATION
On January 5, 2020, Pepe and Pilar, husband and wife, donated a community property
worth P800,000 to their son, Felipe on account of marriage.
On February 14, the spouses donated a house and lot worth P3,000,000 to their son,
Bantay. The property is mortgaged at P300,000 which was assumed by the donee.
Compute the taxable net gifts and taxes payable on Pepe and Pilar.

ANSWERS
Pepe Pilar
Donation to Felipe:
Gross gift (800,000 x ½) 400,000 400,000
Less: exemption/deduction - -
Net gift 400,000 400,000
Less: exempt gift 250,000 250,000
Taxable gift 150,000 150,000
Rate of tax 6% 6%
Tax due and payable 9,000 9,000

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Pepe Pilar
Donation to Bantay:
Gross gift (3,000,000 x ½) 1,500,000 1,500,000
Less: exemption/deduction (300,000/2) 150,000 150,000
Net gift 1,350,000 1,350,000
Add: Net gift, January 5 400,000 400,000
Total net gift 1,750,000 1,750,000
Less: exempt gift: 250,000 250,000
Taxable gift 1,500,000 1,500,000
Rate of tax 6% 6%
Tax due on total gifts 90,000 90,000
Less: Tax paid on January 5 donations 9,000 9,000
Tax payable 81,000 81,000

Prizes and awards given to athletes

Donations given in the form of prizes and awards are given to athletes in international
sports tournament and competitions, held in the Philippines or abroad, and sanctioned by their
national sports associations are exempt from the payment of donor’s tax.

Other tax exempt gifts (under special laws)

a. Donations to Rural Farm School (RA 10618)
b. Donations to People’s Television Network Inc (RA 10390)
c. Donations to People’s Survival Fund (RA 10174)
d. Donations to Aurora Pacific Economic Zone and Freeport Authority (RA 1008)
e. Donations to Girl Scouts of the Philippines (RA 10073)
f. Donations to Philippine Red Cross (RA 10072)
g. Donations to Tubbataha Reefs Natural Park (RA 10067)
h. Donations to Philippine Normal University (RA 9647)
i. Donations to University of the Philippines (RA 9500)
j. Donations to National Water Quality Management Fund (RA 9275)
k. Donations to Aquaculture Department of the Southeast Asian Fisheries
Development Center of the Philippines (PD 292)
l. Donations to international Rice Research Institute (RA 1620)
m. Donations to the Philippine Inventor’s Commission (RA 3850)
n. Donations to the Integrated Bar of the Philippines (PD 181)
o. Donations to the Development Academy of the Philippines (PD 205)
p. Donations to the Philippine-American Cultural Foundation (RA 3062)
q. Donations to the Ramon Magsaysay Award Foundation (RA 3676)
r. Donations to the Philippine Health Insurance Corporation
s. Donations to the Intramuros Administration (PD 1616)
t. Donations to the Southern Philippines Development Administration
u. Donations to the National Museum, Library, and the archives of the National
Historical Institute (PD 373)
v. Donations to the National Commission on Culture and Arts (NCAA)
w. Donations to the Task Force on Human Settlement on the donation of
equipment, materials and services (EO 419)

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x. Donations of Imported Articles under the Bayanihan to Heal as One Act (RA
11469)

COMPUTATION OF DONOR’S TAX

Cumulative system of computation

For purposes of gift tax, the computation of the base is cumulative, ie. to arrive at the
taxable base, all the gifts previously made in the same calendar year must be added to the
present gift. However, the gift taxes paid on the previous donations are allowed as tax credits
on the tax due.

Thus, the formulas in computing donor’s tax are as follows:

a. First donation during the year:

Gross gift Xxx
Less: exemption/deduction Xxx
Net gift Xxx
Less: exempt gift 250,000
Taxable gift Xxx
Rate of tax 6%
Tax due Xxx
Less: Tax credits
Foreign donor’s tax paid Xxx
Tax paid in previously paid return
(if this is an amended return) Xxx Xxx
Tax payable xxx

b. Succeeding donations/s during the year:

Gross gift Xxx
Less: exemption/deduction Xxx
Net gift Xxx
Add: Prior net gift(s) during the calendar year Xxx
Total net gifts Xxx
Less: exempt gift 250,000
Taxable gift Xxx
Rate of tax 6%
Tax due Xxx
Less: Tax credits
Payments for prior gifts during the year Xxx
Foreign donor’s tax paid Xxx
Tax paid in previously paid return (if this
is an amended return) Xxx Xxx
Tax payable Xxx

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Donor’s tax rate

The tax for each calendar year shall be computed on the basis of the total net gifts
made during the calendar year at a tax rate of 6% after deducting the exemption of P250,000
(every calendar year) from the net gift.

Transfers for less than adequate and full consideration

Where property, other than real property (capital assets), is transferred for less than
adequate and full consideration in money or money’s worth, then the amount by which the
FMV of the property at the time of the execution of the contract exceeded the value of the
agreed or actual consideration or selling price shall be deemed a gift, and shall be included in
computing the amounts of gifts made during the calendar year.

However, a sale, exchange, or other transfer of property made in the ordinary course
of business (a transaction which is bona fide, at arm’s length, and free from any donative
intent) will be considered as made for an adequate and full consideration in money or money’s
worth.

The rule applies on transfer of any property for insufficient consideration, except
transfers of real properties which are classified as capital assets.

The reason is that their sales or transfers of real property capital assets are already
subject to 6% capital gains tax based on the FMV or gross selling price, whichever is higher.

Moreover, transfers for insufficient consideration are subject to donor’s tax if they are
made bona fide. If the transfers are in contemplation of death, revocable or under general
power of appointment, they are subject to estate tax.

Donative intent is necessary only in cases of direct gift. if the gift is indirectly taking
place by way of sale, exchange or other transfer of property as contemplated in Section 100,
donative intent is not necessary. Therefore, in transfers for insufficient consideration, intent is
not necessary to constitute a donation.

Tax credit for donor’s taxes paid to a foreign country

Tax credit for donor’s taxes paid to a foreign country has the same application as the
estate taxes paid to a foreign country.

The limitations imposed on tax credits are expressed in the following formulas:

Formula 1: Single foreign country

Net gift in foreign
Philippine Tax
country X =
donor’s tax Credit
Entire net gift

Formula 2: Multiple foreign country (whichever is lower is the tax credit)

Net gift per foreign
Philippine gift
countries X
tax
Entire net gift

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OR

Net gift all foreign

Philippine gift
countries X
tax
Entire net gift

ILLUSTRATION
Alalay made the following donations during the year:
March 5 To Bagalay, legitimate child on account of marriage, bank deposit with
Banco de Oro worth P600,000

To Calalay, adopted son, car in Canada worth P400,000. Donor’s tax

paid in Canada is P20,000

August 3 To Dalalay, nephew in Manila, property worth P250,000

Compute the donor’s taxes due after tax credit.

Answers

Donor – Alalay
Donation – March 5

To Bagalay (Philippines) 600,000

To Calalay (Canada) 400,000
Net gift 1,000,000
Less: exempt gift 250,000
Taxable gift 750,000
Rate of tax 6%
Tax due 45,000
Less: Tax credits
Tax paid, Canada 20,000
Limit (400k/1M x 45,000) 18,000
Allowed 18,000
Tax payable 27,000

Donation – August 3

Gift to Dalalay 250,000

Net gift March 5 1,000,000
Total net gift 1,250,000
Less: exempt gift 250,000
Taxable gift 1,000,000
Rate of tax 6%
Tax due 60,000
Less: Tax credits

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Tax paid, March 5 27,000

Tax paid, Canada 20,000
Limit (400k/1.25M x 60,000) 19,200
Allowed 19,200
Tax payable 13,800

FILING OF RETURN AND PAYMENT OF GIFT TAX

Requirements
Any individual who makes any further transfer by gift shall, for the purpose of said tax,
make a return (BIR Form 1800) under oath in duplicate. The return shall set forth:
1. Each gift made during the calendar year which is to be included in computing
net gifts
2. The deductions claimed and allowable
3. Any previous net gifts made during the same calendar year
4. The name of the donee, and
5. Such further information as may be required by rules and regulations made
pursuant to law.

Time and place of filing and payment

1. Time of filing and payment
The return shall be filed within 30 days after the date the gift is made and the tax
due thereon shall be paid at the time of filing.

2. Place of filing and payment

Except in cases where the Commissioner otherwise permits, the return shall be
filed and the tax paid to an authorized bank, the Revenue District Officer, Revenue
Collection Officer or duly authorized Treasurer of the city or municipality where the
donor was domiciled at the time of the transfer, or if there be no legal residence in
the Philippines, with the Office of the Commissioner.

In the case of gifts made by a nonresident, the return may be filed with the
Philippine Embassy or Consulate in the country where he is domiciled at the time
of the transfer, or directly with the Office of the Commissioner.

Documentary requirements
The following requirements must be submitted upon field of office audit of the tax case
before the Tax Clearance Certificate/Certificate of Authorizing Registration can be released:
1. Duly notarized Original Deed of Donation
2. TIN of Donor and Donee
3. Proof of claimed tax credit, if applicable
4. Duly notarized original Special Power of Attorney (SPA) for the transacting
party if the person signing is not one of the parties to the Deed of Donation
5. Validated return and Original Official Receipt/Deposit Slip as proof of payment;
for no payment return, copy of the Acknowledgment Receipt of return filed thru
eBIRforms.

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For real properties – additional 2 copies of each document

6. Certified true copy/ies of the Original/Transfer/Condominium Certificate of Title
of the donated property, if applicable
7. Certified true copy/ies of the Tax Declaration at the time or nearest to the date
of the transaction issued by the Local Assessor’s Office for land and
improvement, if applicable
8. “Certificate of No Improvement” issued by the Assessor’s Office, if applicable

For personal properties, if any – additional 2 copies of each document

9. Proof of valuation of shares of stocks at the time of the donation, if applicable
a. For shares of stock listed/traded – value at the time of donation or
closing rate nearest to the date of donation
b. For shares of stock not listed/not traded – Audited Financial Statement
of issuing corporation nearest to the date of donation with computation
of book value per share
c. For club shares – transaction value on the date of donation as published
in the newspaper

10. Proof of valuation of other types of personal properties, if applicable

11. Certificate of deposit/investment/indebtedness/stocks for donated cash or
securities
12. Certificate of registration of motor vehicle, if any

Other additional requirements, if applicable

Additional 2 copies of the following documents:
1. Duly notarized original Special Power of Attorney (SPA), if the person
transacting/processing the transfer is not a party to the transaction
2. Certification from the Philippine Consulate if document is executed abroad
3. Location Plan/Vicinity map, if zonal value cannot be readily determined from
the documents submitted
4. Certificate of Exemption/BIR ruling issued by the Commissioner of Internal
Revenue or his authorized representative, if tax exempt
5. Such other documents as may be required by law/rulings/regulations, etc.

Civil penalties
In addition to the tax required to be paid, the following penalties shall be imposed:
1. 25% surcharge in case of failure to:
a. File the return and pay the tax or installment due on or before the due
date
b. File a return with a person or office other than those with whom it is
required to be filed, unless authorized by the Commissioner
c. Pay on time the full or part of the amount of tax shown on the return,
or the full amount of tax due for which no return is required to be filed
on or before the due date
d. Pay the deficiency tax within the time prescribed for its payment in the
notice of assessment

2. 50% penalty in case of

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a. Willful neglect to file the return in time

b. False or fraudulent return is willfully filed

3. Interest of 12% from the due date until paid. In no case shall the deficiency and
delinquency interest under Section 249 (B and C) of the NIRC, as amended,
be imposed simultaneously.

4. Compromise penalty as provided under applicable rules and regulations.

Reference:

Ampongan, O. E. G. (2020), Transfer, Business & Local Taxation (with Practice Set) 12/e

Tabag, E.D., Garcia, E.J. (2019) Transfer and Business Taxation

Bureau of Internal Revenue, Estate Tax, [Link]

information/[Link]

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