Gross Estate: Common Shares - Book Value Preference Shares - Par Value
The document outlines the valuation and taxation of a gross estate. It defines what assets are included, such as real estate at fair market value or assessed value, personal property at closing price or book/par value, business interests, and life insurance proceeds. It also covers deductions for claims/debts, mortgages, losses, taxes, and previously taxed property. For married decedents, it details calculating the surviving spouse's share, special deductions, net taxable estate, estate tax rate, credit, and amount due.
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Gross Estate: Common Shares - Book Value Preference Shares - Par Value
The document outlines the valuation and taxation of a gross estate. It defines what assets are included, such as real estate at fair market value or assessed value, personal property at closing price or book/par value, business interests, and life insurance proceeds. It also covers deductions for claims/debts, mortgages, losses, taxes, and previously taxed property. For married decedents, it details calculating the surviving spouse's share, special deductions, net taxable estate, estate tax rate, credit, and amount due.
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GROSS ESTATE
REAL PROPERTIES (Whichever is higher)
FMV Zonal Value FMV assessed value FAMILY HOME (Whichever is higher) FMV Zonal Value FMV assessed value PERSONAL PROPERTIES STOCKS Listed (Traded in the stock exchange) Closing price on the date of death Not listed (Not listed) Common shares – Book Value Preference Shares – Par Value BONDS, FRANCHISE, INTEREST IN PARTNERSHIP Fair market value TAXABLE TRANSFERS TRANSFER IN CONTEMPLATION OF DEATH Death is the motivating factor to transfer REVOCABLE TRANSFER Decedent has reserved the right to alter, amend, revoke the transfer PROPERTY PASSING UNDER GPA PROCEEDS OF LIFE INSURANCES (exempted benefits - special laws) Estate, admin or executor (Revocable or irrevocable) – Part of GE Third party (Revocable) – Part of GE Third party (Irrevocable) – Not part of GE TRANSFERS FOR INSUFFICIENT CONSIDERATION Insufficient consideration the excess of fair market value TRANSFER WITH RETENTION OR RESERVATION OF CERTAIN Only the naked title has been transferred RIGHTS BUSINESS INTEREST Sole proprietorship, partnership or corporation (95% ownership) Equity of the business ORDINARY DEDUCTION (CUCULT) CLAIMS AGAINST THE ESTATE Debts or demands from contract, tort or operation of law UNPAID MORTGAGES Unpaid debts with accessory contracts (mortgage or collateral) CLAIMS OF THE DECEASED AGAINST THE INSOLVENT PERSON Not being able to pay the money owed because of insolvency UNPAID TAXES Accrued as of the death if the decedent (Before and up to death only) LOSSES Deductible if happens after death Losses incurred during the settlement of the estate (fires, storms, shipwreck or others) TRANSFER FOR PUBLIC USE Transfer to private and public purposes PROPERTY PREVIOUSLY TAXED (Vanishing deduction) Vanishing deduction rates Within 1 year (100%) 1 yr. -2 yrs. (80%) 2 yrs. – 3 yrs. (60%) 3yrs. – 4 yrs. (40%) 4 yrs. – 5 yrs. (20%) More than 5 yrs. (0%) Initial Value (FMV at the time of transfer vs FMV at time of death of present decedent, whichever is lower) xx Less: Mortgage paid by decedent (xx) Initial Basis xx Portion deduction: CUCUL x Initial Basis / Gross Estate (xx) Final Basis xx Rate % Vanishing deduction xx SPECIAL DEDUCTION (RC, NRC, RA) Standard deduction 5,000,000 Family Home 10,000,000 (whichever is lower, if conjugal divided by 2) MARRIED DECEDENT EXCLUSIVE COMMON TOTAL PROPERTY PROPERTY