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1.
ATTY. MACMOD
H - 002
Donors Tax
Page 2
Citizen or resident
Allowed
Allowed
Allowed
Allowed
Allowed
NRA
Not allowed
Allowed
Allowed
Allowed
Allowed
H - 002
Donors Tax
Page 3
The tax
shall be
-----------Exempt
0
2,000
14,000
44,000
204,000
404,000
1,004,000
Plus
-----------
2%
4%
6%
8%
10%
12%
15%
Of excess
over
---------------
P 100,000
200,000
500,000
1,000,000
3,000,000
5,000,000
10,000,000
b. When the donee is stranger, the tax shall be 30% of the net gifts.
A STRANGER is a person who is:
a. Not a brother or sister (whether by the whole or half blood), spouse, ancestor
and lineal descendant;
b. Not a relative by consanguinity in the collateral line within the fourth degree of
relationship.
c. Any contribution in cash or in kind to any candidate, political party or coalition of
parties for campaign purpose shall be governed by Election Code, as amended.
H - 002
Donors Tax
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FORMAT OF COMPUTATION
a. FIRST DONATION OF THE YEAR
Gross Gift
Less: Exemption
Taxable Net Gift
P xxx
xxx
P xxx
P xxx
xxx
P xxx
xxx
P xxx
P xxx
xxx
P xxx
ADMINISTRATIVE PROVISIONS:
*FILING AND PAYMENT OF TAX
a. Any individual who makes any transfer by gift shall, for the purpose of the said tax
make a return 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 deduction claimed and allowable;
3) Any previous net gifts made during the same calendar year;
4) The name of the donees; and
5) Such further information as may be required by rules and regulations made
pursuant to law.
b. The donors tax return is filed within 30 days from date of each donation.
c. The tax is paid as the return is files (pay-as-you-file).
d. Except in cases where the Commissioner otherwise permits, the return shall be filed
and the tax paid to:
1) An authorized agent bank
2) Revenue District Officer
3) Revenue Collection Officer or;
4) 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.
e. In the case of gifts by a non-resident, the return may be filed with:
1) Philippine Embassy or Consulate in the country where he is domiciled at the
time of the transfer, or;
2) Directly with the office of the Commissioner.
H 002
Donors Tax
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H - 002
Donors Tax
B. DONORS TAX: MULTIPLE CHOICE THEORITICAL
Page 6
d. Donors tax
d. Donors tax
d. Donors tax
4. First statement: The donors tax shall apply, whether the gift is direct or indirect, and
whether the property is real or personal, tangible or intangible, even if the
transfer is merely in trust.
Second statement: Any contribution in cash or in kind to any candidate, political party or
coalition or parties for campaign purposes shall be subject to donors tax.
a. Both statements are correct
b. Both statements are incorrect
c. Only the first statement is correct
d. Only the second statement is correct
5. Donors tax is distinguished from the estate tax
First distinction: The rated for donors tax are lower than those for estate tax, in all
cases.
Second distinction: In donors tax, the exemption is P 200,000 while in estate tax it is P
100,000.
a. Both distinctions are correct.
b. Both distinctions are wrong.
c. First distinction is correct, the second is wrong.
d. First distinction is wrong, the second is correct.
6. When the donee or beneficiary is stranger, the tax payable by the donor shall be:
a. 30% of the gross gifts
b. 30% of the net gifts
c. Based on the graduated rates with the first P 100,000 net gift exempt.
d. Based on the graduated rates with the first P 100,000 net gift exempt or 30% of the net
gifts whichever is higher.
7. For donors tax purposes, one of the following is a stranger:
a. Brother or sister
c. Uncle
b. Spouse
d. Son-in-law
8. One of the following is not a relative by consanguinity in the collateral line within the fourth
degree of relationship.
a. Daughter of the donors nephew
b. First cousin of the donor
c. Niece of the donor
d. Second cousin of the donor
H 002
Donors Tax
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9. Three of the following are exempt or excluded from the donors tax. Which is the
exception?
a. P 200,000 cash given by a non-resident alien donor to his legitimate son who is getting
married in the Philippines to a Filipina.
b. P 10,000 cash given by a resident alien donor to his legitimate son who is getting
married in the Philippines.
c. Donation of a condominium in Hongkong to a Filipina by a British national not residing
in the Philippines.
d. P 150,000 donation to a non-profit school.
10. First statement: Gifts in favor of an educational and/or religious organizations are exempt
from donors tax.
Second statement: Gifts on account of a persons merits or services rendered are taxable
whether the services are demandable debt or not.
a. Both statements are correct
c. Only first statement is correct
b. Both statement are incorrect
d. Only second statement is correct
11. All of the following except one are exempt from the gift tax under the special laws:
a. Donation to Integrated Bar of the Philippines
b. Donation to Development Academy of the Philippines
c. Donation to Philippine Institute of Certified Public Accountants
d. Donation to International Rice Research Institute
12. John sold his car to Sam. Johns car cost P 300,000 and has a fair market value of
P 400,000 at the same time of sale. The car was sold for P 200,000. For donors tax
purposes, which of the following statements is correct?
a. There is taxable gift of P 300,000.
b. There is a taxable gift of P 200,000.
c. The transfer is for insufficient consideration, hence, not subject to gift tax.
d. The transfer involves a personal property, hence, not a subject to gift tax.
13. One of the following statements is false:
a. Contracts of donation between husband and wife are void in all cases.
b. The donation by Chavit to Pres. Macapagal in view of her public office is void in all
cases.
c. Donations between persons guilty of adultery or concubinage are void.
d. Donations to conceived or unborn children are valid.
14. 1st statement: A donation can be both a part of the gross gift of the donor and a taxable
income to the donee.
2nd statement: A donation may be exempt from donors tax but not necessarily a deduction
from the donors gross income.
a.
b.
c.
d.
H - 002
Donors Tax
In the following questions choose:
a. If only the first statement is correct.
Page 8
As a general rule all persons who may contract and dispose of their
property may donate.
Minors can be a donor or a donee
2nd statement:
17. 1st statement:
2nd statement:
FMV
P 300,000
200,000
2,000,000
c. P 2,950,000
d. P 3,000,000
22. If she is a NRA non-resident Egyptian, and there is reciprocity law, her gross gift is:
a. P 850,000
b. P 650,000
c. P 1,050,000
d. P 700,000
H - 002
Donors Tax
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car worth P 400,000, with P 200,000 mortgage, was assumed by the donee.
5/31/2006 To Napoleon, brother of Mr. Lapu-Lapu, his capital property worth P 200,000 on
account of marriage 6 months ago of Napoleon with a condition that the donee
will pay the donors tax thereon.
7/15/2006 To Donita, daughter of Mrs. Lapu-Lapu by former marriage, on account of her
marriage 12 months ago, Mrs. Lapu-Lapus paraphernal property worth
P 100,000.
8/20/2006 To Donita on account of the same marriage conjugal car of the couple worth
P 400,000, with P 200,000 unpaid mortgage, assumed by Donita. And
P 500,000 worth of land to their four sons on account of their graduation, 20% of
which was owned by their kumpare who agreed to donate his share thru a
public document.
23. The gift tax due of Mr. Lapu-Lapu as of May 31, 2006 is:
a. P 8,000
b. P 7,000
c. P 7,200
d. P 6,600
24. The gift tax of Mrs. Lapu-Lapu as of July 15, 2006 is:
a. P 3,600
b. P 2,600
c. P 2,800
d. P 4,000
25. The gift taxes due of Mr. and Mrs. Lapu-Lapu on August 20, 2006:
a. P 69,000 & P 18,800
b. P 17,000 & P 18,800
c. P 54,000 & P 15,800
d. P 54,000 & P 18,800
26. The gift tax due of their kumpare is:
a. P 30,000
b. P 10,000
c. P 45,000
d. P 15,000
d. P 33,000
d. P 80,000
c. P 84,000
H - 002
Donors Tax
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29. Mr. Romano donated a total amount P 500,000, to the Quezon City Hall and to a
charitable institution TAHANAN NI GLORIA. Upon inquiry, it was verified that the
charitable institutions total receipts from donation amounted to P 10M and its total
administrative expenses reached P 4M. Mr. Romano can claim a total deduction /
exemption of:
a. P 250,000
b. P 500,000
c. P 200,000
d. P None
30. During the current year, Mr. and Mrs. Reyes, non-resident citizens, donated the following:
Sept. 25: To Bea a legitimate child, on account of marriage, last month a conjugal
property located in the Philippines, FMV, P 400,000.
To Jessica niece of Mr. Reyes, on account of marriage, a property located in the
USA exclusively owned by the husband, FMV, P 150,000 (gift tax in USA, P
5,500)
Oct. 9 :
d. P 3,460.63
33. On July 18, 2006, Mr. Jecky gave a property with a fair market value of P 550,000 to
Mikey, a legitimate son, and Rose, Mikeys bride, on account of their marriage celebrated
on January 3, 2006. The donors tax payable is:
a. P 87,100
b. P 38,000
c. P 84,100
d. P 15,800
34. Mr. Porontong made the following gifts to his relatives:
Phiis.
USA
UK
Gross gift
P 750,000
P 500,000 P 250,000
Deductions
250,000
200,000
150,000
Tax paid
25,000
12,000
The gift tax due after credit is:
a. P 35,600
b. P 25,600
c. P 33,520
Italy
P 500,000
150,000
10,000
d. P 39,000
Donors Tax
36. Who is not subject to the donors tax?
c. P430,000
d. P460,000
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a.
b.
c.
d.
37. J. C. gave a property with a fair market value of P200,000, with unpaid mortgage of
P20,000 still assumed by the donor, to Jay his son, and Jays bride Tina, on account of her
marriage 13 months ago.
The allowable deduction is:
a. P10,000
b. P20,000
c. P40,000
d. P 0
38. The donors tax due based on the above problem is:
a. P32,000
c. P 2,000
b. P30,000
d. P31,800
H - 002