Cpa Reviewer in Taxation
Cpa Reviewer in Taxation
Cpa Reviewer in Taxation
Properties:
a. P5,000,000 c. P2,000,000
b. 1,000,000 d. 2,600,000
C
Lot In Davao City P1,000,000
Other Tangible Properties 1,000,000
Properties/gross estate-Philippines 2,000,000
87. In Number 86 above, if the total deductions allowed amount to P60,000, how
much is the amount of funeral expenses abroad?
a. P100,000 c.P145,000
b. 80,000 d. 55,000
D
Properties- Philippines P2,000,000
Properties- Abroad:
Real Property- Japan P2,400,000
Stocks-Japanese Corporation 600,000 3,000,000
Total gross estate 5,000,000
88. Which of the following properties of Etang who died December 4, 2011 is
subject to vanishing deduction?
Property 2- Land inherited from her mother in 2007 the estate tax
thereon has not been paid.
a. No No Yes Yes
b. No No Yes No
c. Yes No No Yes
d. Yes Yes No No
B
The car must have been acquired by the decedent either by the donation
or by inheritance. Acquisition by purchase is not subject to vanishing
deductions on the purchaser.
Property 4 has been acquired by the present decedent more than (5) years
already at the time of her death.
b. Medical expenses
c. Standard deduction
D
90. Statement 1: Vanishing deduction is always a deduction from the exclusive
properties of the decedent.
93. All of the following, except one, are not deductible from its gross estate
of a non resident alien
A
Medical expenses, family home and standard deduction are not deductible
from gross estate of a non resident alien without condition.
94. Rodolfo, a citizen of the Philippines and a resident of Bacolod City, died
estate on May 10, 2011. Among his gross estate are properties inherited
from his deceased father who died April 4, 2008. What percentage of
deduction will be used in computing the amount of vanishing deduction?
(RPCPA)
D
The interval of time from the date of death of father to the date of
death of Rodolfo is 3 year, 1 month and 6 days, computed as follows:
Market Value
Other information:
A
Lower value 350,000
Lss: Mortgage paid 50,000
Initial Basis 300,000
Less: Deductions (pro-rated)
[300,000/3,000,000x(125,000-30,000)] 9,500
Base 290,000
Rate (morethan 4 years; not more than 5 years) 20%
Vanishing deduction 58,100
96. In determining the net estate of the decedent, which of the following
rules is correct? (RPCPA)
C
97. Pepe died on August 15, 2011. His data are as follows:
The land was donated to him by his uncle on May 4, 2009 with a value of
P150,000. At the time of donation, yhe land was mortgaged for P 30,000
which was paid by his uncle. The car has a value of P500,000 when it was
inherited by pepe from his mother 2 ½ years ago and mortgaged for P50,000
which was paid by pepe before he died.
a. P 258,000 c. P 283,800
b. 262,520 d. None
A
Lower value of:
Land 150,000
Car 400,000
Value to take 550,000
Less: Mortgage paid on car 50,000
Initial Basis 500,000
Less: Deductions(500,000/5,000,000)xP700,000) 70,000
Base 430,000
Rate(more than 2 years, not more than 3 years) 60%
Vanishing deduction 258,000
98. Elopre, married June 5, 2009 died on April 29, 2011 with the following
data: Gross estate – community property, P3,000,000; exclusive, P2,000,000.
Said amount includes a land which he received as gift from his father a
month before the marriage, valued at P540,000. His father mortgaged the
land for P20,000 which was paid by Elopre. Elopre mortgaged also said land
for P50,000 but was able to pay only P20,000 until his death. Expenses
claimed (excluding the unpaid mortgage) amounted to P170,000.
a. P 388,800 c. P 384,000
b. None d. 380,000
C
Value to take 540,000
Less: Mortgage paid 40,000
Initial basis 500,000
Less: Deductions (pro-rated)
Amount claimed 170,000
Unpaid mortgage (50,000-20,000) 30,000
Total 200,000
(500,000/5,000,000) x200,000 20,000
Base 480,000
Rate(more than 1 year, not more than 2 years) 80%
Vanishing deduction 384,000
a. P 2,016,000 c. P 3,416,000
b. 1,208,000 d. 2,208,000
D
100. Statement 1: Unpaid loans contracted prior to death may be deducted even
if not notarized if notarization of contracts is not a business policy of
the creditor.
Statement 2: For estate tax purposes, several family homes may be
deducted provided the maximum amount is P1,000,000.
D
A decedent may not have a deduction for family home if he or the spouses
do not have such property.
The entire value of the family home is included in the gross estate if
the decedent was a resident or citizen of the Philippines.
To be deductible, the family home must be situated in the Philippines.
However, the maximum allowable deduction is P1,000,000 only.
a. Hospital expenses are deductible only from gross estate if unpaid at the
time of the death of the decedent even if it has already been paid at
the time of filling the estate tax return.
b. Hospital bills which have not yet been paid at the time of death is
deductible from gross estate as claims against the estate.
c. If a person was hospitalized from July 1-30, 2010 and on July 10, 2011
he died, the items of medical expenses listed in the hospital bill which
cannot be directly identified as to the exact date that they were
incurred may be computed proportionately based on the number of days
covered by the one year limit to the total number of days to his
hospitalization.
d. Medical expenses are deducted from the gross estate if they have been
incurred in the Philippines by a Hongkong national who visited the
Philippines as a tourist.
C
Hospital expenses are deductible as part of medical expenses whether
paid or unpaid at the time of death of the decedent.
D
B
A standard deduction is not deductible from the gross estate of a non
resident alien; it is not also deductible in computing the net
distributable estate regardless of the citizenship or residence of the
decedent.
105. If under conjugal partnership, after its liquidation the family home is
classified as a –
a. Conjugal property
b. Exclusive property of the decedent
c. Exclusive property of the surviving spouse
d. Partly conjugal and partly exclusive of the decedent
A
106. Under Conjugal partnership, the amount of conjugal portion of the family
home after liquidation is-
a. P 1,900,000 c. P 3,100,000
b. 1,600,000 d. 2,800,000
B
House 1,500,000
Land 400,000
Total 1,900,000
Less: Reimbursed amount 300,000
Family home 1,600,000
A
House, conjugal (1,500,000/2) 750,000
Land, exclusive 400,000
Total 1,150,000
Deductible (limit) 1,000,000
108. Under absolute community of property regime, the value of the family home
is-
a. P 1,900,000 c. P 1,500,000
b. 1,600,000 d. 3,100,000
A
House, community 1,500,000
Land, exclusive 400,000
Total 1,900,000
a. P 1,000,000 c. P 1,900,000
b. 1,500,000 d. 1,150,000
A
House, community (1,500,000/2) 750,000
Land, exclusive 400,000
Total 1,150,000
Deductible, limit 1,000,000
Obligations:
Funeral expenses incurred in Canada 250,000
Other deductible expenses 850,000
a. P 2,500,000 c.P1,250,000
b. 1,000,000 d. None
D
A family home which is situated outside the Philippines is not
deductible from gross estate.
a. P 1,786,056.52 c. P 1,773,708.20
b. 1,772,059.20 d. None
A
Lower value/Initial basis P 2,600,000.00
Less: Deductions (pro-rated)
Funeral expenses, maximum P 200,000
Other deductible expenses 850,000
Total 1,050,000
(2,600,000/7,430,000x1,050,000) 367,429.34
Base 2,232,570.65
Rate (more than 1 year, not more than 2 years) 80%
Vanishing deduction 1,786,056.52
113. Decedent died leaving Family home composed of the following: House,
conjugal property worth P800,000, and the land in which he exclusively
owned valued at P400,000. He also owns a vacation house in Baguio worth
P700,000
a. P 800,000 c. P 1,900,000
b. 1,200,000 d. 1,000,000
A
House, conjugal (P800,000/½) P 400,000
Land, exclusive 400,000
Deductible 800,000
114. The decedent, married, died leaving a family home valued at P1,500,000,
composed of the house (conjugal property) and the lot (exclusive property)
Seventy percent (70%) of the value of the family home pertains to the
house, while thirty percent (30%) pertains to the lot.
C
House (P1,500,000 x 70%)x ½ P 525,000
Lot (P1,500,000 x 30%) 450,000
Amount deductible 975,000
115. Bong, single and a resident citizen, died with properties constituting
his gross estate of P4,000,000. Actual funeral expenses amounted to
P150,000 and other charges against the estate amounted to P210,000. The net
taxable estate is (RPCPA)
a. P 3,640,000 c. P 3,740,000
b. 2,640,000 d. 2,590,000
B
Gross estate P 4,000,000
Less: Deductions
Funeral expenses P 150,000
Other charges 210,000
Standard deduction 1,000,000 1,360,000
Net taxable estate 2,640,000
D
Based on the data given above, how much is the deductible medical and
judicial expenses if the decedent died May 23, 2011?
D
Medical expenses:
Paid 80,000
Unpaid 20,000
Total 100,000
Judicial expenses:
Acceptance fee 20,000
Court fees 12,000
Appearance fee, September 5, 2011 2,000
Total 34,000
A
119. The following data relates to Carl, married two (2) tears ago, died
leaving the following:
Carl paid P60,000 to the mortgagee of the land a year before his
death. Assuming Carl was under conjugal partnership of gains, the total
ordinary deductions from exclusive property is-
a. P 49,600 c. P 124,600
b. 89,000 d. None
C
Deductions from exclusive property:
Unpaid mortgage on land(100,000-60,000) 40,000
Vanishing deduction 49,600
Transfer for public purpose 35,000
Total 124,600
120. In Problem 119 above, assuming that Carl was under absolute community of
property regime, the total amount deductible from the community property
is-
a. P 125,000 c. P 174,000
b. 134,600 d. None
C
Funeral expense 35,000
Judicial expenses 15,000
Unpaid mortgage (100,000-60,000) 40,000
121. Alladin. Filipino, married, died January 1, 2011, leaving the following
properties:
The Riceland and the residential land were previously mortgaged for
P350,000 when inherited where P200,000 was paid by Alladin during his
lifetime.
The coconut land was mortgaged for P94,000 of which P14,000 was paid
before his death. Also Alladin, by will, bequeathed to Marikina City the sum
of P200,000 for exclusively public purpose.
B
Community Exclusive Total
Family home 2,000,000
Car 500,000
Commercial Land 1,000,000
Riceland 1,000,000
Residential Land 2,000,000
Necklace 80,000
Coconut Land 420,000
Gross Estate 3,500,000 3,500,000 7,000,000
C
Vanishing deduction on Riceland and residential land:
Riceland 1,000,000
Residential Land 2,000,000
Value to take 3,000,000
Less: Mortgage paid 200,000
Initial basis 2,800,000
Less: Deductions(pro-rated)
Funeral 140,000
Judicial 80,000
Losses 100,000
Unpaid Mortgage(94,000-14,000) 80,000
Unpaid Mortgage(350,000-200,000) 150,000
Donation to Marikina City 200,000
Total 750,000
(2,800,000/7,000,000 x 750,000) 300,000
Base 2,500,000
Rate (more tan 1 year; not more than 2 years) 80% 2,000,000
A
Community Exclusive Total
A
Family home 2,230,000
Personal properties 2,500,000
Riceland 1,000,000
RA 4917 150,000
Claims against insolvent person 35,000
Gross estate 5,915,000
D
See the solution in Number 128
C
See the solution in Number 128
A
Family home 2,900,000
Personal property (1,600,000-100,000) 1,500,000
Gross estate/gross conjugal 4,400,000
Less: Deductions
Ordinary
Funeral expenses 100,000
Claims against the estate 75,000
Losses 25,000 ( 200,000)
Special
Family Home(2,900,000x½) (1,000,000)
Standard Deduction (1,000,000)
Net Estate 2,200,000
Less: Share of surviving spouse
Gross Conjugal 4,400,000
Less: Conjugal deductions 200,000
Net conjugal 4,200,000
Share (4,200,000x½) 2,100,000
Net taxable estate 100,000
C
A
Conjugal Exclusive Total
Cash 500,000
Receivable from PICPA 50,000
Receivable from insurance company 150,000
Claims against insolvent persons 30,000
Family home 1,900,000
Other personal properties 800,000
Other real properties 1,500,000
Gross estate 730,000 4,200,000 4,930,000
B
See the solution in Number 132
B
Conjugal Exclusive Total
Gross estate 4,930,000
Less: Deductions
Ordinary-
Funeral 195,000
Judicial 15,000
Bad debts 30,000
Unpaid mortgage-real properties 200,000
Accrued taxes 35,000
Unpaid mortgage, Laguna 350,000
Totals 475,000 350,000 ( 825,000)
Special-
Family home, limit (1,000,000)
Standard deductions (1,000,000)
Net estate 2,105,000
Less: Share of surviving spouse(730,000-475,000)x½ 127,000
Net estate subject to tax 1,977,500
Since the mortgage on real properties was contracted for the benefit of
the family, the same is considered as a deduction from conjugal
partnership of the spouses (Art. 121, par 2&3, Family code).
133. Alanis, a resident citizen, single but head of family, died January 3,
2011. The following are his data:
Properties:
Real properties(excluding family home of P1,000,000) 3,200,000
House and lot in Sydney Australia 1,500,000
Other personal properties 800,000
Deductions:
Funeral expenses 120,000
Claims against insolvent persons 100,000
Claims against the estate, not notarized 50,000
Unpaid mortgage in the family home 30,000
The house in Sydney was inherited by Alanis from his father who died
2 ¼ years ago. Said property was mortgaged for P200,000 which was paid by
the decedent before his death.
B
Real properties 3,200,000
Family home 1,100,000
House and Lot Australia 1,500,000
Other personal properties 800,000
Shares of Stocks 50,000
Claims against insolvent persons 100,000
Gross estate 6,750,000
C
Funeral expenses 120,000
Bad debts 100,000
Unpaid mortgage on family home 30,000
Family home (maximum) 1,000,000
Deductible 1,250,000
135. Trilio, a resident of Quezon City, died on June 5, 2011 with the
following data:
B
Conjugal Exclusive Total
Property acquired before marriage 1,500,000
Family home, Manila 1,600,000
House in Marbel City 1,000,000
Proceeds in insurance 500,000
Claims against insolvent 100,000 _________
Gross estate 2,200,000 2,500,000 4,700,000
Less: Deductions
Ordinary
Funeral expenses (50%) 150,000
Bad debt (100,000x40%) 40,000
Judicial expenses 250,000 ( 440,000)
Special
Family home ( 800,000)
Standard deduction (1,000,000)
Net estate 2,460,000
Less; Share of surviving spouse
Gross conjugal 2,200,000
Less: Conjugal expenses 440,000
Net conjugal 1,760,000
Share (1,760,000x½) 880,000
Net taxable estate 1,580,000
The house in Quezon City is the true family home because it is the place
where the family resides.
D
Community Exclusive Total
Cash 200,000
Residential lot 1,200,000
Family House 1,300,000
Family Lot 1,000,000
Personal Properties 200,000
Receivable from sister 100,000 _________
Gross estate 3,000,000 1,000,000 4,000,000
Benefits received from SSS and GSIS are exempt from estate tax.
138. The total ordinary deductions from the community property of Penduko is-
a. P 807,950 c. P 782,950
b. 582,900 d. 682,950
C
Ordinary Deductions:
Funeral expenses 48,000
Judicial expenses 24,500
Payable of the estate 23,000
Unpaid mortgage on the house 100,000
Unpaid mortgage on residential lot 100,000
Bad debts 100,000
Casualty Loss 30,000
Vanishing deduction 357,450
Total 782,950
140. Eleanor, resident citizen, married and under the absolute community of
property regime, died August 20, 2010. The following are the data on
properties and obligations:
B
Community Exclusive Total
Personal properties 1,750,000 2,500,000
Family home 2,000,000
Real properties 1,400,000 _________
Gross estate 3,150,000 4,500,000 7,650,000
Ordinary deductions:
Funeral expenses, limit 200,000
Judicial expenses 30,000
Unpaid taxes 12,500
Losses 350,000 ( 592,500)
Special Deductions
Family home (1,000,000)
Standard deduction (1,000,000)
Medical expenses, limit ( 500,000)
Net estate 4,557,500
Less: Share of surviving spouse (3,150,000-592,500)/2 1,278,750
Net taxable estate 3,278,750
b. 3,483,750 d. 5,418,750
D
Community Exclusive Total
Personal properties 1,750,000 2,500,000
Family home 2,000,000
Real properties 1,400,000 __________
Gross estate 3,150,000 4,500,000 7,650,000
Ordinary deductions:
Funeral expenses 220,000
Judicial expenses 50,000
Unpaid taxes 12,500
Medical expenses 550,000
Losses (350,000+130,000) 480,000 (1,312,500)
Net estate 6,337,500
Less: Share of surviving spouse (3,150,000-1,312,500)/2 918,750
Net distributable estate 5,418,750
D
143. All of the following, except one, are entitled to tax credit on estate
tax paid in foreign country:
a. Nonresident, not citizen c. Resident alien
b. Nonresident citizen d. Resident citizen
A
D
145. Bongo, single, died in the Philippines leaving a net estate in the
Philippines of P1,200,000 and P1,800,000 in the United States. His estate
in the United States paid on estate tax of P25,000 in that country. The
Philippine estate tax due after tax credit for the estate tax paid to
United States is-
a. P 220,000 c. P 98,000
b. 147,000 d. 110,000
A
Net Estate, Philippines 1,200,000
Net Estate, United States 1,800,000
Total 3,000,000
Tax on P 2,000,000
1,000,000 x 11% 135,000
Estate tax 110,000
Less: Tax credit
Tax paid in U.S. P 25,000
Limit (18/30 x P 245,000) 147,000
Credit allowed (lower) 25,000
Estate tax due after tax credit 220,000
B
See the solution in Number 146
B
Net estate, Philippines 1,500,000
Net estate, “A” foreign country 2,000,000
Net estate, “B” foreign country 2,500,000 4,500,000
Total 6,000,000
A
Gross estate, Philippines 4,000,000
Deductions 3,000,000 1,000,000
“A” foreign country 6,000,000
Deductions 2,000,000 4,000,000
Net Estate 5,000,000
Less: Share of surviving spouse (5,000,000x60%)/2 1,500,000
Net taxable estate 3,500,000
B
Gross estate, Philippines 3,000,000
Less: Deductions
Funeral expenses, Philippines 500,000
Funeral expenses, foreign 200,000
Total 700,000
150. What period (from the time of death) is given to file the estate tax
return? How about the maximum period of extension for filing the return?
Filing Extension
a. 6 months 30 days
b. 2 months 60 days
c. 6 months 2 years
d. 6 months 5 years
A
B
Statement 2: In case the estate tax has been paid by installment, the
computation shall always be on the cumulative amount of the net taxable
estate but the amounts paid after the statutory due date of the tax shall
be imposed a penalty.
B
153. The estate tax return is not necessary in the following instance-
a. The transfer of motor vehicle valued at P40,000
b. The transfer is exempt from tax, the gross value of estate is P300,000
c. The net estate is worth P250,000
d. Donation of cash worth P5,000
D
154. First Statement: The estate tax return should be filed with the
authorized agent bank, revenue District Officer, Collection agent or duly
authorized treasurer of the municipality in which the decedent was
domiciled at the time of his death.
A
155. Case 1 - Car filed an estate tax return on the date prescribed by law
but paid the tax due of P40,000 after said date. Carl is subject to the
penalty of P10,000.
Case 2 - If Carl filed the return and paid the tax of P40,000 with an
internal revenue district officer other than those with whom the return is
required to be filed after the prescribed date, Carl is subject to the total
penalty of P30,000. (RPCPA)
A
A penalty of 25% of the basic tax shall be imposed on the following:
a. Late filing of return and late payment of tax; and
b. Filling the return with an unauthorized person
Thus, Carl shall be subject to the following penalties:
156. On September 21, 2011, the manager of PNB upon reading the obituary
announcing the death of Mr. A, refused to allow the heirs of the decedent to
withdraw A’s deposit. A week later, immediately after said denial, the heirs
sued PND and its manager to compel them to release the money alleging the such
act is arbitrary and a denial of their property constitutional rights. Which
of the following statements is not correct? (RPCPA)
a. The bank should allow the withdrawal from A’s deposit account only upon
the presentation that the estate tax had been paid.
b. The case brought by the heirs against the bank will not prosper in court
since courts have no jurisdiction over the case. The proper remedy would
be an administrative appeal with the BIR Commissioner.
c. Even if the estate tax have not been paid yet, the BIR Commissioner may
authorize the bank to allow withdrawal of an amount not exceeding
P100,000 by heirs of A.
d. The manager of PNB is right in refusing to allow the heirs to withdraw
the decedent’s deposit because he has prior knowledge of the death of A.
C
If a bank has knowledge of the death of the depositor, it shall not allow
any withdrawal fro the deposit account; unless the Commissioner has
certified that estate taxes imposed thereon have been paid.
157. The Commissioner of Internal Revenue may extend the time for the payment
of estate tax in case the estate is settled.
C
158. Masaru died on February 24, 20111. The executor of the estate filed an
estate tax return on June 23, 2011. Within the period for payment, the
executor requested for an extension of time for paying the tax. Assuming that
the tax payable in the return is P20,000 and the Commissioner granted the
request but required that the tax should be paid on or before August 24, 2013,
the estate tax payable on August 24, 2013 is-
a. P 20,000 c. P 32,000
b. 28,000 d. 29,000
B
Estate tax due per return P 20,000
Add: Interest (20,000 x 20% x 2) 8,000
Estate tax due and payable as of August 24, 2013 28,000
a. The estate tax should be paid before the delivery of the distributive
share in the inheritance to any heir or beneficiary.
b. When there are two executors, both of them are severally liable for the
payment of the estate tax.
c. The heir or the beneficiary has the primary obligation to pay the estate
tax.
d. The liability of the heir in the payment of the tax shall in no case
exceed the value of his share in the inheritance.
C
The executor or administrator of an estate has the primary obligation to
pay the estate tax but the heir or beneficiary has subsidiary liability
for the payment of that portion of the estate which his distributive share
bears to the value of the total net estate.
160. A notice of death and a CPOA certificate, respectively, are required if
the value of the estate exceeds-
A
161. If required, notice of death of the decedent should be given to the BIR
within
a. 2 months c. 2 years
b. 6 months d. 5 years
A
162. Mr. A, a resident citizen, died on August 2, 2011. When is the deadline
for filing notice of death as required by the tax codes?
B
163. Which of the following statements is not required to accompany the estate
tax return?
D