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the Philippines
TransferWise content team
06.02.18
9 minute read
Did you recently inherit property or assets in the Philippines? If you’re unsure of what
your responsibilities are when it comes to paying taxes and notifying the authorities
then you’re in luck. This is a guide for residents, non-residents, and expats living
abroad, to explain how inheritance tax works in the Philippines.
Non-residents also need to file an Estate Tax return. If you're a non-resident heir but
the executor of the will lives in the Philippines, then the Estate Tax return can be filed
with an Authorized Agent Bank (AAB) of the specific Revenue District Office (RDO)
where the executor lives. If there’s no executor in the Philippines, for instance when
the deceased was not a resident of the Philippines, then the tax return should be
filed under the jurisdiction of RDO No. 39 South Quezon City.
Philippine law identifies compulsory heirs who are entitled to parts of an estate. This
may leave only a portion of the estate to be disposed of at will.
Person Reserve
Spouse 25% if only one legitimate child; equal portion if more than
one child
Let’s say that a person is survived by a spouse and 5 legitimate children. The
children would each receive 10% of the estate (totalling 50%) and the spouse would
receive an equal share of 10%, leaving 40% of the estate left to be disposed of at
will.
If a property is owned by several parties, for instance by both spouses, then only the
part that was owned by the deceased will be part of the estate.
In the absence of a will, this is the order of heirs, according to the Filipino laws of
succession:
Legitimate children
Legitimate parents
Illegitimate children
Surviving spouse
Brothers and sisters, nephews and nieces
Other relatives
Government
Inheritance tax is calculated on the net value of the estate, otherwise known as the
‘gross estate.’ The gross estate refers to all property - real and personal, tangible
and intangible. This is calculated using the Fair Market Value (FMV) at the time of
the death. FMV is the price for which you could reasonably sell your estate to an
interested buyer if you would be interested in selling it. If the deceased wasn’t living
in the Philippines at the time of death and wasn’t a citizen of the Philippines, only the
part of the gross estate that was situated in the Philippines is considered taxable. In
the Philippines, inheritance tax calculations include interests or shares in a property,
transfers in contemplation of death, life insurance proceeds, and revocable transfers.
You can reduce the amount of inheritance tax paid by applying as many deductions
on Estate Tax as possible. These deductions will help lower the total FMV of the
estate, potentially putting you in a lower tax threshold. Find out if any of the following
deductions could apply to the estate in question:
Item Explanation
Expenses, Losses, Funeral expenses, claims against the estate, judicial expenses of
Indebtedness, and intestate proceedings, claims of deceased against insolvent
Taxes (ELIT) individuals, unpaid mortgages
Transfers for public use The amount of all bequests, legacies, devises or transfers to or
for the use of the Government of the Republic of the Philippines,
or any political subdivision thereof, for exclusively public
purposes
Family home The lower number between the family home’s FMV or ₱1
million, and the family home must be certified by the barangay
captain of the locality
Medical expenses Medical expenses incurred by the deceased within a year prior to
their death, which has to be substantiated with receipts, for a
maximum deduction of ₱500,000
Here’s an example of how your taxes would be calculated after the allowed
deductions:
Plus
Deductions Net additional
FMV of (PHP)1,000,000 Estate Tax 8%of the Total
Estate (standard) + Value Amount excess over Taxes
(PHP) 200,000 (funeral) (PHP) (PHP) PHP 500,000 (PHP)
The annual tax-free donor allowance is anything with a value up to ₱100,000. This
table outlines tax rates for gifts over this amount:
Net Gift Amount (PHP) Tax Amount (PHP) Plus Of the Excess Over (PHP)