Estat Donor
e ’s Tax
Tax
Concept Involved:
Succession
Donation mortis causa
Requisites or Elements:
1. Death of the decent
2. Heir or successor is alive at the
time of the decedent’s death and is
not disqualified to inherit.
2.1 compulsory heir
2.2 voluntary heir
3. Estate/ Inheritance
Concept Involved:
Gift or donation
Donation inter vivos
Requisites or Elements:
1. Donative intent of the donor;
2. Capacity or authority of the donor;
3. Delivery of donated property;
4. Acceptance by the done;
Additional requisite:
Donation must be in proper form otherwise,
void
Accrual Period:
Upon the date of death of the decent
Governing Law:
Statue in force at the time of death of
decedent
Tax Rate (TRAIN Law):
6% net estate
Filling & Payment:
Within one (1) year from death
Accrual Period:
At the time gift or donation is made or perfected
Governing Law:
Statute in force at the time of the perfection/
completion of donation
Tax Rate (TRAIN Law):
6% net gifts in excess of P250,000
Filling & Payment:
Within 30 days from donation
Extension to file: not more than
30 days
Pay as you file
With extension pay:
2 years (extrajudicial)
5 years (judicial)
Scope:
RC, NRC, RA – on estate within and
without
No extension to file
Pay as you file
No extension for payment
Scope:
RC, NRC, RA – on gifts within and without
NRA – on gifts within only
NRA – on estate within only