Tax Midterm
Tax Midterm
Transferred tax is
a. Impose upon gratuitous transfer of property
b. Of two kinds: estate tax and donors tax
c. Classified as national tax
d. None of the above
Which is false?
a. The estate tax is computed based on the net estate or taxable estate.
b. The net estate is determined by subtracting from the gross estate the deductions
authorized by law.
c. Both "a" and "b"
d. Neither "a" nor "b"
a. I only
b. II only
c. Both I and II
d. Neither I nor II
The following statements regarding "claims against insolvent persons" are correct,
except
a. It is a deduction even if the debtor had some properties
b. It can be a deduction even if secured by a mortgage
c. It should always be included in the gross estate
d. Should be omitted in the computation for the net taxable estate if entirely
uncollectible
Succession which results from the designation of an heir, made in a will executed in the
form prescribe a law is known as
A. Legal or interstate succession
B. Testamentary succession
C. Mixed succession
D. Ordinary succession
Which of the following is wrong? Losses deductible from the gross estate
a. Should only be of property included in the Philippine gross estate.
b. Should be incurred during settlement of the estate.
c. May be arising from storm.
d. Should not be compensated by insurance or other form of indemnity.
The following statements regarding "claims against insolvent persons" are correct,
except
a. It is a deduction even if the debtor had some properties
b. It can be a deduction even if secured by a mortgage
c. It should always be included in the gross estate
d. Should be omitted in the computation for the net taxable estate if entirely
uncollectible
D
Which of the following taxes is deductible from the gross estate?
a. Income tax paid on income received after death
b. Property tax not accrued prior to death
c. Estate tax paid on a foreign country
d. Donor's tax accrued prior or before death
Pedro died leaving a car he acquired by purchase from Juan 4 years ago. The car was
correctly included in his gross estate. The applicable vanishing rate is
a. 0%
b. 40%
c. 60%
d. 80%
Which of the following properties of Namayapa Nha who died December 1, 2021 is
subject to vanishing deduction? [Property 1] Rest House in Tagaytay purchased in 2019.
[Property 2] Commercial lot and bullding inherited from her mother in 2018 and where
the estate tax thereon had not been paid. [Property 3] Donation from a friend in 2020.
[Property 4] Property won in a lottery six (6) months before death.
Ded Nha, a citizen of the Philippines and a resident of Bacolod Citv. 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
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
Amounts received for overseas dispatch, message, or conversation originating from the
Philippines are subject to:
a. 2% franchise tax
b. 10% overseas communication tax.
c. 3% franchise tax.
d. None of these.
In case where there are no relatives to receive the inheretance, who of the following is
the claim on the estate?
A. The nearest relative beyond fifth degree
B. The closest associate or friend
C. Any charitable institution located in the place where the bulk of estate is located
D. The State
In default of the testamentary heirs, The law determines who are to succeed to the
inheritance of the deceased. Which one of the following ranks first in the order of
succession?
A. Legitimated children
B. Surviving spouse
C. Legitimate parents
D. Illegitimate parents
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. Legitimes
B. Free portion
C. Legacy
D. Bequest
If the surviving heirs in an intestate succession are the parents and a legitimate child of
the decedent, what is the share of the parents in the legitimes?
A. 1/3
B. 1/2
C. 1/4
D. None
A testator may execute a holographic will instead of an ordinary will. Which among the
following statements pertaining to holographic will is false?
I. A person may execute a holographic will which must be entirely written, dated and
signed by the hand of the testator himself
II. A holographic will is subject to no other form, and may be made within or outside of
the Philippines, and need not be witnessed
III. In case of an insertion, cancellation, erasure or alteration in a holographic will, the
testator must authenticate the same by his full signature
A. II
B. III
C. All of the above
D. None of the above
It deprives an heir to inherit properties by the decedent through the issuance of a will
A. Disinheritance
B. Distributable share
C. Legitimate
D. Disqualification
Which is not authorized to take charge of the estate during intestate period?
A. Executor
B. Court
C. Administrator
D. Heirs
Mr. J. Cruz is the owner of a small variety store. His gross sales la any one year do not
exceed of P3M. He is not VAT-registered the following data are taken from the books of
the variety store for the quarter ending March 31, 2026
Merchandise inventory, December 31, 2025 P 100,000
Gross sales 450,000
Purchase from VAT-registered suppliers 350,000
The percentage tax due is:
a. None of these.
b. P 16,500
c. P 10,000
d. P 13,500
Problem 1: (Real Properties) Mr. A died leaving a house and lot as part of his estate. The
property which was encumbered by a P1,000,000 mortgage had the following fair values:
LOT HOUSE
ZONAL VALUE 3,000,000 0
FAIR VALUE, PER ASSESOR 2,000,000 4,000,000
APPRAISAL VALUE 4,000,000 4,500,000
ANSWER: The house and the lot shall be included in gross estate at P4,000,000
and P3,000,000, respectively. The independent appraisal is not used. Also, the
mortgage shall not be offset against the value of the property.
Problem 2: (Loan Receivables) On June 30, 20x20, Mr. D died with the following
outstanding receivables: P50,000 non-interest bearing loan to Mr. A, given April 1,
20x20 and is due in 3 months. P300,000 loan, bearing 10% interest to Mrs. B, given
January 1, 20x20 and is due in one year. P200,000 non-interest bearing loan to Mr. C,
due March 30, 20x20 but still unpaid.
Problem 2: (Shares of stock) Mr. A died leaving 1,000 preferred shares and 300,000
common stocks of AAA in his estate. The equity section of AAA in the its latest quarterly
financial statements is a follows:
Preferred stocks, 10,000 shares @P500 par
P5,000,000
Common shares, 10,000,000 shares @P2 par 20,000,000
Share premium – common shares 4,000,000
Retained earnings 12,000,000 Revaluation surplus 2,000,000
Treasury shares, 100,000 shares (360,000)
Total shareholder’s equity P42,640,000
Required: Case 1: Assuming AAA is non-listed company. Compute the gross estate
Case 2: Assuming AAA is listed and traded as follows in the stock market at the nearest
trading day to the date of death:
Case 2: ( 8 + 2) / 2 = P5
Preferred stocks (1,000 shares x P500) P500,000
Ordinary shares (300,000 x P5) 1,500,000
Gross estate P2,000,000
TRUE OR FALSE
TRUE 1.Deductions from gross estate are highly disfavored in law; he who claims
deductions must be able to justify his claim or right.
TRUE 2. Deductions from the gross estate are generally presumed to be conjugal
deductions, unless specifically provided otherwise.
TRUE 3. In a claim against insolvent person, the insolvency of the debtor must be proven
and not merely alleged.
TRUE 4. So that unpaid mortgage may be deducted from the gross estate, the fair
market value of the mortgage property must form part of the gross estate in full.
TRUE 5. For unpaid taxes to be deductible from gross estate, such must have accrued at
the time or before the decedent's death.
TRUE 6. Unpaid income taxes incurred before the decedent's death is deductible from
the gross estate.
TRUE 7. Casualty loss is deductible from gross estate if such loss was incurred during the
settlement of the estate.
TRUE 8. 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.
TRUE 9. Vanishing deduction is being allowed to lessen the impact of successive taxation
of the same property within a very short period.
TRUE 10. The benefit of vanishing deduction may only be applied once.
TRUE 11. The maximum amount of deductible family home from the gross estate upon
the effectivity of the TRAIN Law is P10,000,000.
TRUE 12. persons of either sex under 18 years of age cannot make a will.
TRUE 13. the right of representation takes place in the direct descending line, but never
in the ascending line.
TRUE 14. the child of a voluntary heir who predeceases the testator gets nothing,
because there is no representation among the voluntary heirs nor in the free portion.
TRUE 15.if a compulsory heir dies ahead of the testator, his legitime goes to the child by
representation
TRUE 17. 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
TRUE 18. Rights which are purely personal or not transmissible for they are extinguished
by death death.
TRUE 19. The OPT in shares of stocks in closely held corporations is imposed on the
issuing corporation only
TRUE 20.A closely held corporation is any corporation wherein more than 50% of the OCS
is owned directly or indirectly by not more than 20 persons
TRUE 21. Cooperatives shall be exempt from the 3% gross receipts tax
TRUE 22. A sale of 33% of outstanding shares of stock in an initial public offering of
shares of stock is subject to a 2% other percentage tax.
TRUE 23. In case of financial leasing the taxable gross receipts exclude recovery of
principal.
TRUE 25. In testamentary and legal succession, the compulsory heirs are assured of
their legitimes
FALSE 26. Obligations contracted by a person during his lifetime are terminated upon his
death.
FALSE 27.All claims against the insolvent person are deductible from the decedent's
gross estate.
FALSE 28. It could be that the amount to be included as part of the gross estate in a
claim against insolvent person is less than the full amount owed.
FALSE 29.Casualty losses could be claimed as deduction from the gross income and from
the gross estate.
FALSE 30. A person whose annual gross sales or receipts does not exceed P100,000 is
not subject to VAT but subject to OPT.
FALSE 31. Generally OPT Taxes are paid within 20 days after the end of each quarter
FALSE 32. In bank tax, the basis of the OPT is the bank's receipts less interest expenses
FALSE 33. Amusement tax on winnings is based on the winnings before deducting the
cost of the ticket.
FALSE 34. The OPT on the winnings is deducted from the dividends or prize and remitted
to BIR within 25 days from the date it was withheld.
FALSE 35. A person may be subject to VAT and OPT on the same transaction
FALSE 37. Every person liable to the percentage tax shall always file a separate return
for each branch or place of business.
FALSE 38. A VAT-exempt taxpayer who issues VAT invoice shall not be liable to VAT.
FALSE 39. The 60% of 1% stock transaction tax is a final withholding income tax.
FALSE 41.The "Gross Philippine Billing" includes total amount of gross revenue including
noncontinuous and interrupted flight.
FALSE 42.Cancellation of existing debt as payment for services rendered by the debtor to
the creditor is a gratuitous transfer.
FALSE 43. A sale is a form of transfer transaction that requires payment of transfer tax
FALSE 45. in the absence of compulsory heirs, relatives to the 3rd degree would inherit
the estate
FALSE 46. The sharing of heirs in intestate succession does not satisfy the rule on
legitimes
FALSE 47. A compulsory heir cannot receive more than his legitimes
FALSE 48. legitimate and illegitimate child has equal share under intestate distribution of
estate
FALSE 49. the rules on legitimes are substitute for testamentary dispositions
FALSE 50. Compulsory heirs have rights to insists that the legitime be given in the form
of a property
FALSE 51. The property left by the decendent without a will shall be trasferred in favor of
the government