Business Tax 4
Business Tax 4
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PROBLEMS
Problem 1. A decedent died leaving the following properties. Check the appropriate box if
included in the gross estate.
Car, USA
Bonds, Philippines
i. 10,000 preferred shares, not traded in the local stock exchange par
value, P10/share; book value, P15/share
Problem 4. Determine whether or not the following proceeds of life insurance shall be included
in the gross estate. (Y/N)
Problem 5. Determine the deductible family home in 2018 from the following independent
cases:
ACP CPG
11. Car purchased during marriage using funds derived from practice
of profession
12. Property owned before marriage for personal and exclusive use of
the decedent.
13. Jewelry items during marriage for personal and exclusive use by
the decedent
Land (1,000 sq. m.) inherited from his father 15 months before his death. Fair market
value per tax declaration at the time of Pedro's death was P20,000,000 while the zonal
value was P30,000 per sqm.;
House and lot (Family Home) acquired during marriage, FMV, P50,000,000
Other tangible personal properties (mode of acquisition unknown), FMV, P22,00,000.
The following were considered as deductions from the gross estate:
2. The taxpayer in estate taxation is the estate of the decedent juridical person.
3. Estate tax accrues as of the date of the actual possession or enjoyment of the estate by
the beneficiary.
4. Executor is the person appointed by a court to carry out the directions and request of a
decedent in his will and to dispose of his property according to his testamentary
provisions after his death.
5. A holographic will is a will entirely written by a testator with his own hand and may be
witnessed or attested.
6. The will of an alien residing abroad produces effect in the Philippines if made in
conformity with the formalities prescribed by law of the place in which he resides.
8. A codicil is 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.
9. Under the law on legitime, if the only survivor is the widow or widower, she or he shall be
entitled to one half of the hereditary estate of the deceased spouse, and the testator may
freely dispose of the other half.
10. Representation is a right created by fiction of law by virtue of which the representative is
raised to the place and degree of the person represented and acquires the rights which
the latter would have if he were living or if he could have inherited.
12. Regardless of situs, the tax code excludes intangible personal property of a non-resident
alien decedent in determining his taxable estate.
13. Section 85 of the Tax Code provides that the value of the gross estate of a nonresident
alien should be determined by including the value at the time of his death, of all property,
real or personal, tangible or intangible, wherever situated.
14. Ron devised in his will real property to his brother Bert who is entrusted with the
obligation to preserve and transmit the property to Jay, son of Bert, when Jay becomes
of age. The transmission from Bert to his son Jay is subject to estate tax.
15. When an estate, under administration, has income-producing property and its income
during the year is distributed to the heirs, the income so distributed is taxable to the heirs
as part of their gross income for the year.
16. Casualty loss is deductible from gross estate if such loss was incurred during the
settlement of the estate.
17. Casualty losses could be claimed as deduction from the gross income and from the
gross estate.
18. In computing for vanishing deduction, the value to be taken is the lesser amount of the
value of the property at the date of the previous transfer or the value of the property at
the date of death of the decedent.
19. Vanishing deduction is being allowed to lessen the impact of successive taxation of the
same property within a very short period.
20. The maximum amount of deductible family home from the gross estate upon the
effectivity of the TRAIN Law is P10,000,000.
21. Under the regime of absolute community of property, the husband and the wife place in
a common fund the proceeds, products, fruits and income from their separate property
and those acquired by either or both spouses through their effort or by chance
22. The gross estate of a married decedent under the system of conjugal partnership of
gains during the marriage is a mixture of his exclusive property and conjugal property.
23. The inclusion of claims against insolvent person in the gross estate of the decedent
spouse as either exclusive or communal property will depend on the nature of the claim-
whether it is for an exclusive or for a communal property
24. Funeral expenses are no longer deductible from the gross estate of a decedent
beginning January 1, 2018.
25. The share of the surviving spouse in the estate shall be deducted equal to ½ of the
gross conjugal property.
MCQ – Theory
1. The object of estate tax is the:
a. Right to transmit
b. Decedent
c. Properties of the decedent
d. Beneficiaries
3. The tax imposed on the transfer of property without consideration between two or more
persons who are living at the time the transfer is
a. Estate Tax
b. Business Tax
c. Donor's tax
d. Personal tax
4. Statement 1: Inheritance refers to all the property, rights and obligations of a person
which are not extinguished by death and all which have accrued thereto since the
opening of succession.
Statement 2: Rights which are purely personal are not transmissible for they are
extinguished by death.
a. Statements 1 and 2 are false
b. Statement 1 is true but statement 2 is false
c. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
5. It is a mode of acquisition by virtue of which, the property, rights and obligations, to the
extent of the value of the inheritance, of a person are transmitted through his death to
another either by his will or by operation of law.
a. Succession
b. Purchase
c. Barter
d. Donation
8. Succession which results from the designation of an heir, made in a will executed in the
form prescribed by law is known as:
a. Legal or interstate succession
b. Testamentary succession
c. Mixed succession
d. Ordinary succession
10. How many degrees (of generation) apart are third cousins?
a. two
b. four
c. six
d. eight
11. In default of testamentary heirs, the law determines who are to succeed to the
inheritance of the ceased. Which one of the following ranks first in the order of
succession?
a. Legitimate children
b. Surviving spouse
c. Legitimate parents
d. Illegitimate parents
12. Certain parts of the estate of a deceased Filipino citizen cannot be freely disposed of
because Philippine law reserves them for the "compulsory heirs". This portion of the
decedent's estate is known as
a. Legitime
b. Free Portion
c. Legacy
d. Bequest
13. No Will shall be revoked, except
a. By implication of law
b. By some will, codicil, or other writing executed as provided in the case of wills
c. By burning, tearing, canceling, or obliterating the will with the intention of
revoking it, by the testator himself, or some other person in his presence, and by
his express direction.
d. All of the above
15. It deprives an heir to inherit properties by the decedent through issuance of a will.
a. Disinheritance
b. Distributable share
c. Legitime
d. Disqualification
18. Mr. Wais thought that due to old age, death may be imminent. Knowing that the value of
estate tax is high, he disposed his properties to his rightful heirs prior to his death
(transfer in contemplation of death). To prevent undue avoidance of tax, inter vivos
disposition in contemplation of death is subject to:
a. Donor's tax
b. Estate tax
c. Income tax
d. Excise tax
19. Which of the following is subject to the rule of reciprocity?
a. Car in the Philippines owned by a non-resident alien decedent.
b. Investment in stock in a US Corporation owned by a non-resident alien decedent.
c. Investment in bonds in a U.S.-Corporation that has acquired business situs in the
Philippines, and is owned by a resident alien.
d. Shares owned by a non-resident alien in a partnership established in the
Philippines.
21. Which of the following value is not used when valuing gross estate?
a. Fair market value at the time of death;
b. Fair market value at the time the estate return is filed;
c. Zonal value when higher than the assessed value in case of real property;
d. Book value in case of shares not traded in the stock
23. An agreement 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
corpus to be distributed in accordance with the directives of the creator as expressed in
the governing instrument
a. Estate
b. Trust
c. Fiduciary
d. Beneficiary
24. Which of the following transfer is not included in the gross estate?
a. Transfer with reservation of certain rights
b. Transfer for insufficient consideration
c. Transfer for an adequate full consideration in money or money's worth
d. Transfer in contemplation of death
25. Amounts receivable by the estate of the deceased, his executor or administrator as an
insurance under policy taken by the decedent upon his own life is:
26. Proceeds of life insurance where the beneficiary of the decedent is not his estate,
executor or administrator is
a. Part of gross income if the beneficiary is revocable
b. Part of gross income regardless of whether the beneficiary is revocable or
irrevocable
c. Not part of gross estate if the beneficiary is irrevocable
d. Part of gross estate regardless of whether the beneficiary is revocable or
irrevocable
27. Which of the following is not true regarding a claim against insolvent persons?
a. The decedent's claim is deductible in full because the debtor's liabilities exceed
his remaining assets.
b. The decedent's claim must be included in full in the gross estate.
c. The decedent's claim which cannot be collected is deductible according to the
ratio of the debtor's assets to his liabilities.
d. Claim against insolvent person is a claim against person whose assets are not
sufficient to pay his liabilities.
28. Which of the following is included in the income of the estate of a decedent?
a. Income received by the estate of a deceased person during the period of
administration or settlement of the estate.
b. Excess of selling price over the appraised value placed upon the property at the
time of death, where the property was sold after the settlement of the estate.
c. Appreciation in the value of property passed to the executor or administrator
upon death of decedent.
d. Delivery of property in kind to legatee or devisee. of the following transfer is not
included in the gross estate?
29. Under which of the following situations an estate tax return is required to be filed under
the TRAIN Law?
a. Transfers which are subject to estate tax.
b. The estate consists of registered or registrable properties for which a clearance
from the BIR is required as a condition precedent for the transfer of ownership.
c. Both "a" and "b"
d. Neither "a" nor "b"
32. It pertains to the amount of all the 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.
a. transfer for public use
b. Vanishing deduction
c. Property previously taxed
d. Inheritance
33. Ded Nha, a citizen of the Philippines and a resident of Bacolod City, died testate on May
10, 2021. Among his gross estate are properties inherited from his deceased father who
died on April 4, 2018. What percentage of deduction will be used in computing the
amount of vanishing deduction?
a. 80% of the value taken as basis for vanishing deduction;
b. 100% of the value taken as basis for vanishing deduction;
c. 60% of the value taken as the basis for vanishing deduction
d. 40% of the value taken as the basis for vanishing deduction
34. Upon effectivity of the TRAIN Law, which is not true about standard deduction?
a. It need not be substantiated
b. It does not apply to nonresident alien decedent
c. It must be reflected in the estate tax return
d. None of the above shall file the estate tax return?
38. The gross estate of a decedent who was married at the time of death will be composed
of:
a. His capital property, the wife's paraphernal property and the common property
b. His capital property and the common property
c. Common property
d. His capital property
39. The following are required to be listed as part of the gross estate, but are exempted from
estate tax, except
a. Share of the surviving spouse
b. Transfer for public use
c. Exclusive property of the decedent
d. Amount received by heirs under RA 4917
40. All of the following items are allowed as deductions against exclusive portion of the
estate, except
a. Unpaid taxes
b. Claims against insolvent persons
c. Vanishing deduction
d. Family home
MCQ – Problems
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3. If the decedent was a nonresident alien and his country exempts a Filipino citizen from estate
tax, how much of his assets would be subject to reciprocity?
a. P1,000,000
b. P800,000
c. P600,000
d. P350,000
4. If the decedent was a nonresident alien and assuming there is no reciprocity, how much is
the gross estate?
a. P10,700,000
b. P6,600,000
c. P6,100,000
d. P5,850,000
A decedent left 1,000 XYZ Corporation common shares. The shares were not traded in the
stock exchange. The following data were made available:
Capital stock, XYZ Corporation P 10,000,000
Retained earnings 2,000,000
Outstanding shares 100,000
5. What was the value included the decedent's gross estate?
a. P100,000
b. P120,000
c. P150,000
d. PO
6. Assume that the shares were classified as preference shares, what was the value included
the decedent's gross estate?
a. P100,000
b. P120,000
c. P150,000
d. PO
7. Assume that the shares were traded in the stock exchange. Assume further that the average
value at the time of death was P100 per share, What was the value included the decedent's
gross estate?
a. P100,000
b. P110,000
c. P120,000
d. P150,000
8. Assume that the shares were traded in the stock exchange. However, the quoted price at the
time of death was not determinable. Nonetheless, the highest and lowest quotations of the
shares in the market were P140 and P80, respectively, what was the value included the
decedent's gross estate?
a. P100,000
b. P110,000
c. P120,000
d. P150,000
9. Decedent died in 2018 leaving a will which directed all real estate owned by him not to be
disposed or sold for a period of 2 years after his death, and ordered that the property be given
to Juan Dela Cruz after 2 years. In 2018, the estate left by the decedent had a fair market value
of P500,000. In 2020, the fair market value of the said estate increased by P4,500,000 and the
BIR Commissioner assessed thereon estate tax based on assessed value of P4,000,000 in
2018. What would be the correct amount of the gross estate?
a. P5,000,000
b. P4,000,000
c. P4,500,000
d. P500,000
10. A revocable transfer was made for a consideration of P100,000. Fair market values of the
property at the time of transfers and at the time of death were P250,000 and P300,000,
respectively. In the gross estate, the value of the property was
a. P100,000
b. P250,000
c. P200,000
d. Exempt
11. Awa Nhen died on January 1, 2021 leaving among following charges and obligations:
Real property tax for the year 2020 P 100,000
Notarized interest-bearing promissory note 100,000
Accrued interest on the promissory note
at the time of death 20,000
Interest to accrue on the promissory note from the
date of death to the date of maturity 10,000
Income tax due for 2020 200,000
How much were the allowable ordinary deductions from the gross estate?
a. P420,000
b. P430,000
c. P510,000
d. P520,000
12. Claims against the estate of the decedent who died on February 2021:
Notes payable for money borrowed, not notarized P 500,000
Accounts payable for supplies used in business 200,000
Debts from gambling losses 120,000
How much is the deductible claims against the estate?
a. P200,000
b. P320,000
c. P470,000
d. P850,000
Among the properties included in the gross estate of the decedent at the time of death is a
three-story commercial building with a fair market value of P12,000,000. During the settlement
of the estate and before the last day of paying the estate tax, the said property is destroyed by
fire. The fair market value at the time of the incident was P13,000,000.
13. The amount that should be included as part of the gross estate is
a. PO
b. P12,000,000
c. P12,500,000
d. P13,000,000
14. The amount of deductible loss will be
a. PO
b. P12,000,000
c. P12,500,000
d. P13,000,000
15. Assume that the property was insured for P10,000,000 and the amount recovered from the
insurance company was P9,000,000. The amount of deductible loss will be
a. P1,000,000
b. P3,000,000
c. P9,000,000
d. P12,000,000
16. Assume that 70% of the property is destroyed by fire and the property is not insured. The
deductible loss will be
a. PO
b. P3,600,000
c. P8,400,000
d. P12,000,000
17. Yumao Na Rhin transferred a 3,000 square meter lot purposely to be converted as a zoo to
be administered by the city government of Tawi tawi. The lot was acquired by the decedent 10
years ago for P50,000. Its fair market value at the time of Yumao Na Rhin's death was
P5,000,000. The deduction from the gross estate relative to this transfer is
a. P50,000
b. P2,500,00
c. P5,000,000
d. PO
18. On September 4, 2021, Yumao N. Rin died leaving an apartment building which has a fair
value of P1,000,000 which he inherited from his mother. The property was valued at P9,000,000
at the time of inheritance dated July 28, 2018. The building has a previous mortgage of
P1,500,000 of which P500,000 was paid by Yumao N. Rin prior to his death. In computing for
the vanishing deduction, what percentage will be used and how much will be the vanishing
deduction?
a. 40%; P3,060,000
b. 60%; P3,000,000
c. 40%; P3,230,000
d. 20% P3,050,000
19. A decedent has one year left to complete 30 years of continuous service with his employer
when he died. His only heir received P1,500,000 as benefit under RA 4917. What should be the
amount to be included in the gross estate?
a. P1,500,000
b. P500,000
c. P1,000,000
d. PO
20. Based on the preceding problem, what amount should be included as part of deductions
from gross estate?
a. P1,500,000
b. P500,000
c. P1,000,000
d. P0
Decedent is a citizen of the Philippines and a resident of Quezon City. died leaving the
following:
Rest house in Batangas inherited from his father during marriage P2,500,000
Car received as gift from his mother before his marriage 1,000,000
Commercial land received as gift from his mother before marriage 5,000,000
Income from the commercial land 500,000
Commercial building inherited by the surviving spouse during marriage 1,500,000
Income from exclusive property of his spouse, during marriage 200,000
Jewelry owned before the marriage 300,000
Personal exclusive property of the surviving spouse 100,000
Other properties at the time of her death 1,000,000
21. Under the regime of conjugal partnership of gains, how much is the decedent's gross
exclusive properties?
a. P8,800,000
b. P8,600,000
c. P8,700,000
d. P10,300,000
22. How much is the gross conjugal properties?
a. P7,700,000
b. P9,200,000
c. P1,500,000
d. P1,700,000
23. Under the regime of absolute community of property, how much is the decedent's gross
exclusive properties?
a. P2,800,000
b. P2,500,000
c. P3,800,000
d. P3,500,000
24. Using the same assumption in the preceding number, how much is the gross conjugal
properties?
a. P7,500,000
b. P6,800,000
c. P7,800,000
d. P6,800,000
The following data were taken from the records of a citizen decedent:
Land inherited from his mother 2 years before death,
during marriage (valued of P15,000,000 when inherited) P24,000,000
Other personal property owned before marriage 16,000,000
Other personal property acquired during marriage 5,000,000
Cost and expenses:
Claim against the estate 2,000,000
Medical expenses incurred within one year before death 7,000,000
Losses 1,000,000
25. The amount of exclusive property under absolute community of property should be:
a. P15,400,000
b. P30,800,000
c. P45,000,000
d. P24,000,000
26. The share of the surviving spouse under the absolute community of property should be:
a. P15,400,000
b. P30,800,000
c. P45,000,000
d. P9,000,000
27. The share of the surviving spouse under conjugal partnership of gains should be:
a. P1,000,000
b. P2,000,000
c. P9,000,000
d. P18,000,000
28. A Filipino taxpayer died in 2021 leaving the following: Net taxable estate, Philippines,
P3,000,000; Net Estate - Korea, P1,000,000; Estate tax paid in Korea, P80,000.
How much is the estate tax due after tax credit?
a. P60,000
b. P180,000
c. P200,000
d. P240,000
29. An American, residing in the Philippines, died in 2021 leaving the following estate before
deducting special deductions, if any:
Net taxable estate, Philippines P6,000,000
Net taxable estate, Qatar 3,000,000
Net taxable estate, Dubai 1,000,000
Estate tax paid, Qatar -
Estate tax paid, Dubai -
There is no estate tax law in Qatar and Dubai. The estate tax due after tax credit is
a. PO
b. P400,000
c. P600,000
d. P1,000,000
30. Decedent was a citizen of the Philippines who was single at the time of death. Compute the
vanishing deduction based on the following information that were made available:
Properties inherited two-and-a-half years before death:
Located outside the Philippines P3,000,000
Located in the Philippines
FMV, when inherited 6,500,000
FMV, time of death 7,000,000
Unpaid mortgage on the property when inherited 1,500,000
Unpaid mortgage on the property at the time of death 1,000,000
Property acquired through own labor 2,000,000
Losses, indebtedness, taxes, etc. (excluding the unpaid mortgage of P1,000,000) 800,000
Transfer for public use 970,000
Medical expenses 800,000
Answer: _____________