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Taxation
Upon death of Mortis Causa Estate tax Privilege to
the donor transfer
DONATION During the Intervivos Donor’s tax Gratuitously Excise tax
lifetime of the
donor and
donee
Accrual: as of the death of decedent, notwithstanding postponement of the actual possession or enjoyment of the estate
by the beneficiary. Upon the death of the decedent succession takes place and right of the estate to the tax the privilege
to transmit the estate vests instantly upon death
Filing of Estate tax return:
Decedent died before 2018: within 6 mos after death
Decedent died upon/during effectivity of TRAIN Law: 1 year from date of death
Accrual of the tax is distinct from the obligation to pay the same (filing period)
Under meritorious cases (BIR determination), filing of estate tax return may be extended for a period not more than
30 days.
Tax payer: “Estate” of decedent as a juridical person, represented by administrator, executor, legal heir
Personal obligation to file and pay the applicable taxes:
Primarily liable: Administrator or executor
Secondarily liable: any of the heirs
Law to be applied: Law/statute in force as of the death of the decedent
Succession: mode of acquisition by virtue of which the PRO to the extent of the value of the inheritance of a person are
transmitted through his death to another by will or operation of law.
TYPES:
1. Testamentary- designation of an heir, made in a will executed in the form prescribed by law
2. Legal/Intestate – operation of law or transmission where there is no will OR will may be void/lost its
validity/nobody succeeds in the will
3. Mixed- partly will or operation of law
Succession it is a mode of acquisition by virtue of which the property, rights and obligation to the extent of the value of
the inheritance, of a person are transmitted through his deaths to another or others either by will or by operation of law
(Art. 774, Civil Code of the Philippines).
TYPES:
1. Testamentary. That which results from the designation of an heir, made in a will executed in the form prescribed by
law.
2. Legal or Intestate. That which is effected by operation of law or transmission of properties where 0 There is no will; or
p If there is a will, the same is void or lost its validity, or nobody succeeds in the will. 3. Mixed. That which is effected
partly by a will or by operation of law.
Note: The value of obligations that may be transferred from the decedent to his/her heir(s) should' not exceed the value
of the properties and rights (inheritance) transferred.
WILL- an act whereby a person is permitted with the formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death (Art. 783, CCP) from the moment of the death of the decedent, the
rights to the succession are transmitted, and the possession of the hereditary property is deemed transmitted to the heir
(Art. 777, CCP).
Kinds of Wills:
1. Notarial or Ordinary or Attested Will — is one which is executed in accordance with the formalities prescribed by Art.
804 to 808 of the New Civil Code. It is a will that is created for the testator by a third party, usually his lawyer, follows
proper form, signed and dated in front of the required number of witnesses (3 or more witnesses) and acknowledged by
the presence of a notary public.
2. Holographic Will-is a written will which must be entirely written, dated and signed by the hand of the testator himself,
without the necessity of any witness. This kind of will does not need formalities because many people can recognize his
handwriting and it can be verified by a penmanship expert.
Codicil — a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part
thereof, by which any disposition made in the original will is explained, added to or altered.
Elements of Succession
a. DECEDENT - the person whose property is transmitted through succession, whether or not he left a will (Art. 775,
CCP).
b. HEIR - the person called to the succession either by the provision of a will or by operation of law (Art. 782, CCP).
c. ESTATE - refers to all the property, rights and obligations of a person which are not C. extinguished by his death (Art.
776, CCP).
Decedent's Estate
1. LEGITIME is the portion of the testator'sproperty which could not be disposed freely because the law has reserved it
for the compulsory heirs. (Art. 886, CCP). the whole estate whichdispose r of
2. FREE PORTION is that part of th the testator could disp freely through written will irrespective of his relationship to the
recipient.
Kinds of Heirs
LC ½ divide by the number of LC, whether they survive alone or with concurring
1 LC ½ compulsory heir (CH)
SS ¼
2 or more ½
LC
SS Equal to 1
LC
LC ½
SS ¼
All the concurring CH get from the half free portion, the share of the SS
IC ½ of 1 LC having preference over that of the IC, whose share may suffer reduction pro-
LPA ½ rata because there is no preference among themselves
LPA ½ Whether they survive alone or with concurring CH
IC ¼ IC succeed in the 1/4 in equal shares
LPA ½
SS ¼
LPA ½
SS ¼
LPA ½
SS 1/8
IC ¼
IC ½
SS 1/3
IC 1/3
SS ½ Divide equally among the IC
IP ½ 1/3 if marriage is in articulo mortis and deceased spouse dies within 3 months
after the marriage
IP Excluded
Children inherit in the amounts established in the foregoing rules.
Any child It depends Only the parents of IC are included. Grandparents and other ascendants are
IP ¼ excluded.
SS ¼
Gross Estate
ACOP CPG
Prop acquired bef marriage Common Exclusive
Prop acquired during marriage:
From exclusive prop
From common prop Exclusive Exclusive
Those obtained from labor, work, industry of either or both Common Common
spouse Common Common
From gratuities title (inheritance or donation)
CPG
ACOP
Generally
The donor/testator expressly provided that it shall Exclusive
form part of the community prop
Exclusive
Common
Fruits/income on prop:
ACoP- follow the source
CPG- all fruits are common