SOLUTIONS MANUAL TRANSFER & BUSINESS TAXATION, 2020 Edition By: TABAG & GARCIA CHAPTER 1 – SUCCESSION & TRANSFER TAXES TRUE OR FALSE 1. TRUE 2. TRUE 3. 4. 5. TRUE FALSE FALSE 6. 7. TRUE FALSE 11. 12. FALSE TRUE 16. 17. TRUE FALSE 8. 9. 10. FALSE TRUE FALSE 13. 14. 15. TRUE TRUE FALSE 18. 19. 20. TRUE TRUE TRUE 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. D B B D B D D B D B B MULTIPLE CHOICE 1. D 12. C 23. D 2. A 13. C 24. B 3. D 14. B 25. D 4. C 15. D 26. D 5. C 16. C 27. B 6. A 17. B 28. D 7. B 18. D 29. A 8. A 19. C 30. D 9. B 20. B 31. B 10. A 21. B 32. A 11. D 22. B 33. D **Inheritance and repudiation takes effect upon death of the decedent 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. B C D D A B A D** D D B CHAPTER 2 – GROSS ESTATE PROBLEM SOLVING (P2.1) (1) P19,300,000 (4) P14,300,000 Citizen/ Resident (# 1 & 2) Family home in the Philippines P8,000,000 Parcel land of with vacation house in Malaysia 5,000,000 Farm land in the Philippines 3,000,000 Shares of stock of a DC 2,000,000 Shares of stock of a foreign corporation the entire business of which is 500,000 in the Philippines, deposited in a bank safety deposit box in Malaysia Receivable from a friend who has no property whatsoever 300,000 Receivables under insurance policies: § Life insurance with his estate as revocable beneficiary 200,000 § Life insurance with his daughter as revocable beneficiary 300,000 § Life insurance with his son as irrevocable beneficiary § Life insurance (group) taken by the employer of the decedent TOTAL GROSS ESTATE P19,300,000 1| (2) P19,300,000 (3) P11,000,000 NRA with R (# 3) P8,000,000 3,000,000 - NRA w/o R (# 4) P8,000,000 3,000,000 2,000,000 500,000 - 300,000 P11,000,000 200,000 300,000 P14,300,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (P2.2) To Juan P25,000,000 To Pedro To Maria To Sisa Total Gross Estate 18,000,000 15,000,000 20,000,000 P78,000,000 (P2.3) Shares of stock (Frozen Co.) [(P8M+3M)/800,000sh x 100,000 shares Shares of stock (Divergent Co..) 100,000 shares x P15 Shares of stock (Lenovo Co..) 100,000 shares x P12 Total Gross Estate (P2.4) P1,375,000 1,500,000 1,200,000 P4,075,000 (1)P230,0000; (2)P1,100,000; insufficient consideration (3)P0; (4)P5,000,000; (5)P1M + [1M x (1M x 10% x 1.5)] = P1,150,000 MODIFIED IDENTIFICATION EXERCISE A 1. Included 6. Excluded 2. Included 7. Excluded * 3. Excluded 8. Included ** 4. Included 9. Excluded 5. Excluded 10. Included*** *Designated by the prior decedent **Exclusions from the gross estate. Nonetheless, the tax code requires these items to be included first in the gross estate before deducting the same from the gross estate. *** Bequests to charitable institutions are considered exclusions from the gross estate only if the problem clearly states that not more than 30% were used for administrative purposes. However, even if not more than 30% of the bequests were used for administrative purposes, since whether or not such is exempt will undergo scrutiny first by the BIR, these items shall be included first in the gross estate before deducting the same for estate tax purposes. EXERCISE B EXERCISE C 1. 2. 3. 4. 5. TRUE OR FALSE 1. TRUE 2. TRUE 3. TRUE 4. FALSE 5. TRUE 2| P0; valid sale P0; valid sale P0; valid sale P4,000,000 P6,000,000 6. 7. 8. 9. 10. FALSE FALSE FALSE TRUE TRUE 1. 2. 3. 4. 5. 11. 12. 13. 14. 15. FALSE TRUE TRUE FALSE FALSE 16. 17. 18. 19. 20. P10M P20M P5M P10M P0 TRUE TRUE FALSE TRUE FALSE Transfer & Business Taxation(2020 Edition) by Tabag and Garcia MULTIPLE CHOICE 1. A 2. B 3. D 4. B 5. C 6. C 7. A 8. B 9. A 10. A 11. A 12. B 13. D 14. A 15. C 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. D C B D A D B A B A C C C D B 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. D C B A A B D C B C C C B B/C B 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. C D C C B D D C C C B D C C A 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. A A A C D B A C C D C A D D Supporting Computations (Multiple Choice): (22). Common stock-Sunchamp [(P40+39)/2] x 2,000 shares Common stock – AgriNurture (1,500 shares x P45) Preferred stock – Greenery (3,000 shares x P50 par value) Car @ FMV Real properties @ zonal value Total Exclusion from the gross estate P79,000 67,500 150,000 400,000 120,000 P816,500 Bank deposit in the foreign branch of a domestic bank Bank deposit in Makati branch of a foreign bank Shares of stock issued by a domestic corporation (certificate kept in Canada) Franchise exercised in Manila Receivable, debtor from Mindanao Total Exclusion from the gross estate P500,000 300,000 1,000,000 (23). 800,000 200,000 P2,800,000 (24). House and lot, family home in Quezon City Bank deposit in Makati branch of a foreign bank Shares of stock issued by a domestic corporation (certificate kept in Canada) Franchise exercised in Manila Receivable, debtor from Mindanao Total Inclusion from the gross estate P1,500,000 300,000 1,000,000 800,000 200,000 P3,800,000 (26). Shares of stocks, domestic corp. (certificate kept in UK) Shares of stocks, domestic corp. (certificate kept in Phils.) Franchise exercised in the Phils. Receivables, debtor is from Phils. Intangibles subject to reciprocity 3| P250,000 100,000 200,000 50,000 P600,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (27). Land & building, Philippines House and lot, Philippines Shares of stocks, domestic corp. (certificate kept in UK) Shares of stocks, domestic corp. (certificate kept in Phils.) Franchise exercised in the Phils. Receivables, debtor is from Phils. Gross Estate (33). (34). (35). (36). P2,000,000 3,500,000 250,000 100,000 200,000 50,000 P6,100,000 (P12M/100,000) x 1,000 shares = P120,000 P100 x 1,000 shares = P100,000; Par Value=P10M/100,000 = P100/share P100 x 1,000 shares = P100,000 (P140 + P80/2) x 1,000 shares = P110,000 (44). Consideration received Land P1,500,000 Shares of stock 100,000 Vintage car 50,000 Painting 250,000 INCLUSION IN THE GROSS ESTATE (48). FMV upon transfer P1,500,000 50,000 80,000 400,000 FMV upon death P2,000,000 150,000 100,000 500,000 Gross Estate None. Valid sale None. Valid sale P50,000 250,000 P300,000 Includible in the Gross Estate = FMV @ time of “+” less Consideration received = P300k-P100k = P200,000 CHAPTER 3 – DEDUCTIONS FROM THE GROSS ESTATE PROBLEM SOLVING (P3.1) (a) P2,500,000 computed as follows: Loss due to shipwreck, two (2) months after the decedent’s death. Robbery loss Allowable Deduction P500,000 P2,000,000 P2,500,000 (b) P500,000 computed as follows: Loss due to shipwreck, two (2) months after the decedent’s death. Allowable Deduction P500,000 P500,000 (P3.2) P5,715,000 computed as follows: Ordinary Deductions: Claim against insolvent person (500,000-400,000) Unpaid taxes on the estate before death Unpaid mortgage on the estate Funeral expenses (no longer allowed under TRAIN Law) Judicial expenses (no longer allowed under TRAIN Law) Unpaid loans arising from debt instruments (notarized) 4| P100,000 150,000 200,000 125,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Unpaid loans arising from debt instruments (not notarized). The debt instrument was issued by a financial institution not requiring notarizations for debt instruments issued Casualty loss Special Deductions: Standard deduction Medical expenses (no longer allowed under TRAIN Law) Total Allowable deduction from the gross estate 75,000 65,000 5,000,000 P5,715,000 (P3.3) (Claim Against Insolvent Persons) Case A: P100,000 Case B: P333,333 computed as follows: Receivable Collectible portion (400/1,200) x 500,000 Deductible claim (Uncollectible portion) P500,000 (166,667) P333,333 Case C: P0. Debtor is not insolvent Case D: P250,000 Total Assets Taxes payable (Gov’t is a priority creditor) Assets after deducting unpaid taxes P1,200,000 (800,000) P400,000 Receivable (CAIP) Collectible (400/800) x 500,000 Deductible Claim against Insolvent Persons P500,000 (250,000) P250,000 (P3.4) P200,000 computed as follows: Uncollectible receivable from Juan Uncollectible receivable from Manuel Total P100,000 100,000 P200,000 (P3.5) P133,333 computed as follows: Debtor’s (Pedro) Assets Taxes payable by Pedro to the BIR (gov’t is a priority creditor) Assets of Pedro after deducting unpaid taxes Receivable from Pedro (CAIP) Collectible amount from Pedro (allocated): (200/600) x 200,000 Deductible Claim (uncollectible) against Insolvent Person (P3.6) P262,500 computed as follows: Value to take 1st Deduction: Mortgage paid Initial basis 2nd Deduction: Proportional deduction (750/4,500) x 562,500 Final Basis x Vanishing rate Vanishing Deduction 5| P400,000 (200,000) P200,000 P200,000 (66,667) P133,333 P937,500 (187,500) P750,000 (93,750) P656,250 40% P262,500 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (P3.7) STANDARD DEDUCTION CASE A P5,000,000 B P5,000,000 C P5,000,000 D P500,000 E P500,000 (P3.8) FAMILY HOME Case A: P0 Case B: P5,000,000 Case C: P0; exclusive property of the surviving spouse Case D: P10,000,000 Case E: P12M/2 = P6,000,000 Case F: [ 5M + (5,000,000/2)] = P7,500,000 (P3.9) Question 1: P7,308,013; Question 2: P7,308,013; (Decedent: Resident Citizen) (Decedent: Resident Alien) (same computation with Q#1). Domestic shares of 2,000 shares inherited 6 years ago House and lot, family home, located in Davao, inherited 2 years ago Jewelry items, in the Philippines at the time of death Jewelry items kept in a vault abroad Bank deposit in a Philippine branch of a U.S. bank Interest from bank deposit (after death) Transfer for Public Use (donation to the gov’t provided in his will) GROSS ESTATE ORDINARY DEDUCTIONS: Funeral expenses Judicial expenses, abroad Judicial expenses, Philippines Claims against the estate Transfer for Public Use Vanishing deductions (Shares of stocks = None; House and Lot = Allowed) SPECIAL DEDUCTIONS Standard Deduction (TRAIN Law) Family Home Medical Expenses RA 4917 NET TAXABLE ESTATE Value to take 1st Deduction: Mortgage paid Initial basis 2nd Deduction: Proportionate deduction (1,500/15,850) x P370,000 Final Basis x Vanishing rate Vanishing Deduction 6| P8,000,000 2,000,000 400,000 200,000 5,000,000 250,000 P15,850,000 120,000 250,000 1,171,987** 5,000,000 2,000,000 - (1,541,987) (7,000,000) P7,308,013 P1,500,000 P1,500,000 (35,016) P1,464,984 80% P1,171,987** Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (P3.10) Question No. 1 TFPU House and Lot in Makati (Family Home) Farm Lot Other real properties Claim against insolvent person Transfer in contemplation of death Total Gross Estate P300,000 1,500,000 825,000 15,000,000 225,000 1,250,000 P19,100,000 Allowable Deductions Funeral expenses - Judicial expenses - TFPU (correct amount) (300,000)* * Claim against insolvent person (225,0000)** Unpaid mortgage on farm lot Standard deduction Medical expenses Family Home TAXABLE NET ESTATE Question No. 2 Value to take (75,000)** (5,000,000) (1,500,000) P12,000,000 P575,000 Mortgage paid (P150,000-P75,000) (75,000) Initial Basis 500,000 Proportional deduction (500/19,100) x 600,000** (15,707) Final Basis 484,293 Vanishing deduction rate 20% Vanishing Deduction*** P96,859 NET ESTATE without VD (from Q#1) 7| P12,000,000 Vanishing Deduction*** (96,859) TAXABLE NET ESTATE P11,903,141 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (P3.11) Question No. 1 VALUE TO TAKE (LAND) P1,250,000 MORTGAGE PAID (50,000) INITIAL BASIS 1,200,000 Proportionate Deduction: (1,200/12,800 x P700,000**) (65,625) FINAL BASIS P1,134,375 VANISHING DEDUCTION % 40% VANISHING DEDUCTION P453,750 Correct ELIT + TFPU: =1,200k+100k-300k-600k+300k TFPU=P700,000*** Question No. 2 Gross Estate P12,800,000 Correct Losses, Indebtedness, Taxes (LIT) (400,000) TFPU (300,000) Vanishing deduction (453,750) Standard deduction (5,000,000) Family Home (2,000,000) Medical expenses (repealed under TRAIN Law) Death benefits under RA4917 (200,000) Net taxable estate TRUE OR FALSE 1. TRUE 2. TRUE 3. TRUE 4. TRUE 5. FALSE 8| 6. 7. 8. 9. 10. FALSE TRUE FALSE TRUE TRUE - P4,446,250 11. 12. 13. 14. 15. TRUE FALSE TRUE FALSE TRUE 16. 17. 18. 19. 20. TRUE TRUE TRUE TRUE FALSE Transfer & Business Taxation(2020 Edition) by Tabag and Garcia MULTIPLE CHOICE 1. C 2. D 3. C 4. D 5. A 6. A 7. A 8. D 9. D 10. C 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. D D A A B B B C A C 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. D C C A C B B D A B 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. D A A C D A A A C B Supporting Computation (Multiple Choice): (6.) A Real property tax for the year 2017 Notarized interest bearing promissory note Accrued interest on the promissory note at the time of death Income tax due for 2013 Allowable deductions P100,000 100,000 20,000 200,000 P420,000 (12). D Income tax from practice of profession , 2017 Income tax from practice of profession for Jan.-June, 2018 Real property taxes for 2016 and 2017 Business taxes for 2017 Deductible taxes P300,000 100,000 150,000 100,000 P650,000 (29). A Value to take/Initial Basis Mortgage paid Initial basis 2nd Deduction: (850/1,000 x P100,000**) Final Basis x Vanishing rate VANISHING DEDUCTION P900,000 (50,000) 850,000 (85,000) P765,000 40% P306,000 ** Mortgage P150,000 – 50,000 (39). C Gross Estate (Tangible property Phils.; with reciprocity) Prorated LIT (1,200,000 x 6,000/10,000,000) Standard deduction Taxable Estate 9| P6,000,000 (720,000) (500,000) P4,780,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (40). B Shares, domestic corporation Tangible personal property Gross Estate Prorated LIT (500,000 x 2,000/2,500) Standard deduction Taxable Estate TAX DUE Estate Tax Due (P1.1M x 6%) P500,000 1,500,000 2,000,000 (400,000) (500,000) P1,100,000 P66,000 CHAPTER 4 – PROPERTY RELATIONS PROBLEM SOLVING P4.1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. ACP C C C C C C E E C C C E C E 15. E CPG E C C C E C E C C C C E E C (All fruits or incomes are common property under CPG. Hence, the property purchased shall be classified as common. E P4.2 Absolute Community of Property (ACoP) a) P12,400,000 b) P19,500,000 c) P9,750,000 d) P17,150,000 Land inherited during marriage Other personal property owned before marriage Other personal property acquired during marriage Total Deductions: Casualty loss Funeral expenses (no longer allowed under TRAIN Law) Judicial expenses (no longer allowed under TRAIN Law) Unpaid Taxes Claims against the estate Vanishing deduction** 10 | Exclusive P24,000,000 P24,000,000 Common P16,000,000 5,000,000 P21,000,000 Total P45,000,000 (500,000) (400,000) (600,000) (11,600,000) (13,100,000) Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Net estate before special deduction and share of the surviving spouse Standard deduction Medical expenses (no longer allowed under TRAIN Law) Share of the Surviving Spouse (19,500,000/2) NET TAXABLE ESTATE VANISHING DEDUCTION** Value to Take/Initial Basis Proportional Deduction (15,000/45,000 x P1,500,000) Final Basis x Vanishing Deduction % Vanishing Deduction P12,400,000 P19,500,000 P31,900,000 (5,000,000) (9,750,000) P17,150,000 P15,000,000 (500,000) P14,500,000 80% P11,600,000 Conjugal Partnership of Gains (CPG) e) P28,400,000 f) P3,500,000 g) P1,750,000 h) P25,150,000 Land inherited during marriage Other personal property owned before marriage Other personal property acquired during marriage Total Deductions: Unpaid Taxes Claims against the estate Casualty Loss Funeral expenses Judicial expenses Vanishing deduction (same computation) Net estate before special deduction and share of the surviving spouse Standard deduction Medical expenses Share of the Surviving Spouse (3,500,000/2) NET TAXABLE ESTATE 11 | Exclusive P24,000,000 16,000,000 P40,000,000 Common 5,000,000 P5,000,000 Total P45,000,000 (400,000) (600,000) (500,000) (11,600,000) P28,400,000 P3,500,000 (13,100,000) P31,900,000 (5,000,000) (1,750,000) P25,150,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P4.3 Decedent: Non-resident alien a) P1,621,396 b) P4,451,136 c) P3,346,964 d) P200,818 Exclusive properties, Phils. Conjugal properties, Phils.* LIT** Vanishing Deductions *** Transfer for Public Use **** Net Estate Share of the Surviving Spouse (4,451,136/2) Standard deduction Net Taxable Estate x Estate Tax Rate Estate Tax Due Exclusive P2,000,000 (178,604) (200,000) P1,621,396 Common Total P5,000,000 (548,864) P7,000,000 P4,451,136 P6,072,532 (2,225,568) (500,000) P3,346,964 6% P200,818 *The problem is silent as to reciprocity, hence, the gross estate should include tangible and intangible properties within the Philippines. **LIT: Funeral expenses PJudicial expenses Claim against the estate 1,725,000 TOTAL ELIT P1,725,000 X 7,000/22,000 ALLOWABLE ELIT P548,864 ***VANISHING DEDUCTIONS: Value to take P500,000 1st Deduction: Mortgage paid Initial basis P500,000 2nd Deduction: Proportionate deduction (500/7,000) x (548,864 + 200,000) (53,490) Final Basis P446,510 x Vanishing rate 40% Vanishing Deduction P178,604 **** Since the properties were already classified as exclusive and common, it should be assumed that the exclusive properties were already inclusive of transfer for public use. 12 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P4.4 (Decedent: Resident Alien; Single) (a) Net Taxable estate = P49,500,000; House and lot, USA * Investment in stock, Philippines Investment in stock, USA Investment in bonds, USA Cash in bank, Philippines Cash on hand, Philippines Claim against insolvent person (fully uncollectible) Car, Philippines Receivable under RA 4917 Devise to Quezon City for children’s playground** Total Gross Estate Ordinary Deductions: Funeral expenses Judicial expenses Unpaid Philippine income tax for income in 2017 Loss on December 31, 2018 due to theft Devise to Quezon City for children’s playground Claim against insolvent person (fully uncollectible) *** (b)Estate tax due = P2,970,000 P20,000,000 8,000,000 10,000 000 7,000,000 3,000,000 500,000 2,000.000 8,000,000 500,000 700,000 P59,700,000 P1,200,000 800,000 700,000 2,000,000 Special Deductions: Standard deduction RA 4917 Medical expenses Net Taxable Estate Estate Tax Due (P49,500,000 x 6%) * (4,700,000) (5,000,000) 500,000 P49,500,000 P2,970,000 *Family home is not allowed as a deduction for single decedent **To be deductible, the legacy/devise should be included first in the decedent’s gross estate ***Assume the debtor is an insolvent person. P4.5 a) b) c) Vanishing deduction = P18,243,902 Net Taxable estate = P31,066,098 Estate tax due = P1,860,366 Land House and Lot (Family Home) Other tangible personal properties Claims against insolvent persons Ordinary deductions: Other claims against conjugal properties Claims against insolvent persons Unpaid mortgage** VANISHING DEDUCTION* Net exclusive/conjugal Special deductions: Standard deduction Family Home Medical expenses Share of the surviving spouse TAXABLE ESTATE Estate Tax Due (P31,006,098 x 6%) 13 | Exclusive P30,000,000 Conjugal P50,000,000 22,000,000 500,000 Total P102,500,000 (5,000,000) (500,000) (3,500,000) (18,243,902) P11,756,098 P68,500,000 (13,560,976) P80,256,098 (5,000,000) (10,000,000) (34,250,000) P31,006,098 P1,860,366 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Value to take/Initial Basis*** 2nd Deduction: 25,000/102,500 x 9,000,000 Final Basis x VD rate Vanishing Deduction* P25,000,000 (2,195,122) P22,804,878 80% P18,243,902.4* ** P7,000,000 – 3,500,000 = P3,500,000 ***The value to take shall be lower amount between the valuation at the time of death and the valuation upon inheritance (P30M vs P25M). Likewise, the amount paid on the mortgage should not be considered in computing the vanishing deduction because the amount pertains to a mortgage entered into by Pedro during his lifetime. To be considered in computing the VD, the mortgage should have been assumed on the property at the time of inheritance or donation. TRUE OR FALSE 1. TRUE 2. TRUE 3. TRUE 4. TRUE 5. FALSE MULTIPLE CHOICE 6. 7. 8. 9. 10. FALSE TRUE TRUE FALSE FALSE 11. 12. 13. 14. 15. TRUE TRUE TRUE FALSE TRUE 1. 2. 3. 4. 5. 6. A B A C D D 8. 9. 10. 11. 12. 13. B D C B D C 15. 16. 17. 18. 19. 20. C D C C A D 22. 23. 24. 25. 26. 27. C D A A D A 7. D 14. D 21. B 28. A 29. 30. B A NOTE : T or F; #9; Judicial expenses are no longer deductible from the gross estate Supporting Computations (Multiple Choice) (No. 19 & 20) Gross Estate (CPG): Rest House in Batangas Car Commercial land Income from the commercial land Income from exclusive property of the spouse Jewelry owned before the marriage Other properties at the time of her death Gross Estate (No. 21 & 22) Gross Estate (ACoP): Rest House in Batangas Car Commercial land Income from the commercial land Jewelry owned before the marriage Other properties at the time of her death Gross Estate 14 | Exclusive P2,500,000 1,000,000 5,000,000 Conjugal 500,000 200,000 300,000 P8,800,000 Exclusive P2,500,000 P2,500,000 1,000,000 P1,700,000 Common 1,000,000 5,000,000 500,000 300,000 1,000,000 P7,800,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (No. 23) Conjugal properties Conjugal Deductions: Funeral and judicial expenses (no longer allowed) Casualty losses Unpaid taxes Claim against the estate Net Conjugal properties Divide Share of the Surviving Spouse P20,000,000 (3,500,000) (2,000,000) (4,500,000) P10,000,000 2 P5,000,000 (No. 24) Real property, Philippines Real property, USA Claim against insolvent persons Funeral expenses Judicial expenses Claim against insolvent persons Unpaid taxes Balance Standard Deductions Medical expenses Family Home (P1,500,000/2) Share of the surviving spouse (P11,900,000/2) Net Taxable Estate P7,000,000 5,000,000 50,000 (50,000) (50,000) P11,950,000 (5,000,000) (750,000) (5,975,000) P225,000 (No. 25) Exclusive Conjugal real properties Conjugal family home Paraphernal properties (excluded; exclusive of the surviving spouse) Exclusive properties Total Ordinary Deductions: Funeral expenses Unpaid taxes Casualty losses (from excl.property) Other losses (P1M x 75%) Net Estate before Special Deductions Special Deductions: Standard Deductions Medical expenses Family Home (5,000,000/2) Share of the surviving spouse (P11,250,000/2) Net Taxable Estate 15 | Common P7,000,000 5,000,000 Total P2,500,000 P2,500,000 P12,000,000 P14,500,000 (100,000) P2,400,000 (750,000) P11,250,000 (850,000) P13,650,000 (5,000,000) (2.500,000) (5,625,000) P525,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia (No. 26 and 27) ABSOLUTE COMMUNITY OF PROPERTY Exclusive Properties-Land Other personal property owned before marriage Other personal property acquired during marriage Gross Estate Vanishing deduction Claim against the estate Losses Net conjugal before special deductions Share of surviving spouse (P3,080,000/2) (No. 28) Common 2,400,000 1,600,000 500,000 P4,500,000 (1,120,000) (200,000) (100,000) P3,080,000 P1,540,000 #26-P0 CONJUGAL PARTNERSHIP OF GAINS Exclusive Common Properties-Land P2,400,000 Other personal property owned before marriage 1,600,000 Other personal property acquired during marriage**** P500,000 Gross Estate P4,000,000 P500,000 Ordinary Deductions Claim against the estate (200,000) Losses (100,000) Vanishing Deductions***** (1,120,000) Net Estate Before Special Deductions P2,880,000 200,000 Share of the surviving spouse (P200,000/2) ****If silent and unless the problem clearly illustrate that it is exclusive, assume the property is common. Value to take 1st Deduction: Mortgage paid Initial basis 2nd Deduction: Proportionate deduction (1,500/4,500) x 300,000 Final Basis x Vanishing rate Vanishing Deduction (No. 29) Real property inherited during marriage from his father Real property given as gift by his uncle during marriage Land received as donation during marriage Cash income from the real property received as gift Total exclusive property (No. 30) House built on the inherited land using communal fund Real properties acquired by the spouses during the marriage Claim against insolvent person Personal properties acquired during the marriage Total Community property 16 | Total P4,500,000 (100,000) P1,500,0 00 P1,500,000 (100,000) P1,400,000 80% P1,120,000 ***** P500,000 1,500,000 500,000 100,000 P2,600,000 P900,000 1,500,000 50,000 1,000,000 P3,450,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia CHAPTER 5 – ESTATE TAX CREDIT AND DISTRIBUTABLE ESTATE PROBLEM SOLVING P5.1 One foreign country only: a) b) Decedent is a resident citizen Total Net Estate before special deductions Less: Standard deduction Net Taxable estate x Estate tax rate Estate tax due Less: Estate tax credit Estate tax paid abroad vs. Limit (P4/10 x P600,000) Allowed (lower) Estate tax payable P15,000,000 (5,000,000) P10,000,000 6% P600,000 P200,000 240,000 (200,000) P400,000 Decedent is a nonresident alien Total Net Estate before special deductions (Phils. only) Less: Standard deduction Net Taxable estate x Estate tax rate Estate tax payable (tax credit is not allowed to NRA decedents) P12,000,000 (500,000) P11,500,000 6% P690,000 P5.2 More than one foreign countries: Net Taxable Estate, world Estate Tax Due (P20M x 6%) Estate tax credit ** Estate tax payable P1,200,000 (570,000)** P630,000 Limit 1 (Per foreign country): Canada: 8,000/20,000 x P1.2M USA: 2,000/20,000 x P1.2M Limit P480,00 120,000 Actual P520,000 90,000 Allowed P480,000 90,000 P570,000 P600,000 P610,000 600,000 Limit 2 (all foreign countries): 10,000/20,000 x P1.2M ALLOWED TAX CREDIT (Lower between L1 and L2) 17 | P20,000,000 P570,000** Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P5.3 Net Taxable Estate Estate Tax Due (P20M x 6%) Estate tax credit** Estate tax payable after tax credit P20,000,000 P1,200,000 (300,000)** P900,000 Limit 1 (Per foreign country with tax payments only): Singapore: 5,000/20,000 x P1,200,000 China: not included in the determination of Limit 1 since there was no estate tax paid in China Japan: 2,000/20,000 x P1,200,000 Limit 2 (all foreign countries including China): 10,000/20,000 x P1,200,000 ALLOWED TAX CREDIT Limit P300,000 - Actual P200,000 - Allowed P200,000 - 120,000 100,000 100,000 P300,000 P600,000 300,000 300,000 P300,000 P5.4 a) b) c) Net Taxable estate = P7,474,000 Estate tax due = P448,440 Net Distributable Estate = P11,731,560 House and lot (Family Home), USA Cash in bank, USA Car, USA Accounts receivable from an insolvent person in Quezon City** Investment in stock, Philippines Parcel of land in Quezon City inherited from his father 2 ½ years ago Investment in bonds, foreign corporation*** Cash in bank, Philippines Car, Philippines Devise to Quezon City for children’s playground or TFPU**** Total Gross Estate Ordinary Deductions: LITe: Claim against the estate (Philippines) Unpaid Philippine income tax for 2016 and 2017 Loss on December 31, 2018 due to theft Claim against insolvent person *** TFPU Vanishing Deduction Special Deductions: Standard deduction Family Home in USA; (not allowed) NET TAXABLE ESTATE Estate Tax Due (P7,474,000 x 6%) 18 | P8,000,000 650,000 2,000,000 200,000 800,000 1,000 000 700,000 450,000 800,000 1,400,000 P16,000,000 P940,000 320,000 180,000 200,000 (1,640,000) (1,400,000) (486,000) (5,000,000) P7,474,000 P448,440 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia **To be deductible, the legacy/devise should be included first in the decedent’s gross estate; *** Considered as Estate “within” Value to take/Initial basis 2nd Deduction: Proportionate deduction (1,000/16,000) x P1,640,000 + P1.4M**** Final Basis x Vanishing rate Vanishing Deduction Total Gross Estate Deductions: Actual funeral expenses Judicial expenses Claim against the estate (Philippines) Unpaid Philippine income tax for 2016 and 2017 Loss on December 31, 2018 due to theft Claim against insolvent person TFPU Vanishing Deduction Standard deduction Estate tax due NET DISTRIBUTABLE ESTATE MULTIPLE CHOICE 1. C 2. C 3. D 4. C 5. 6. 7. 19 | C (decedent: resident alien) Total net taxable estate x Estate tax rate Estate tax Less: estate tax credit Estate tax payable (190,000) P810,000 60% P486,000 P16,000,000 P480,000 300,000 940,000 320,000 180,000 200,000 1,400,000 No allowed Not allowed 448,440 (4,268,440) P11,731,560 A C B Supporting Computations: No.5 A Net taxable estate x Estate tax rate Estate tax due Less: Estate tax credit Limit = P1/4 x P240,0000 = P60,000 Actual tax paid abroad = P80,000 Estate tax payable No. 6 P1,000,000 P4,000,000 6% P240,000 (60,000) P180,000 P10,000,000 6% P600,000 NA P600,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 7 B Gross Estate Ordinary deductions - Philippines (since the amount provided is P3M only, it shall be assumed that such amount is exclusive of Standard Deduction and Family Home) Deductions - France Net estate before special deductions Less: Standard Deduction Share of the surviving spouse (P15M x 60% / 2) Family home (P8M / 2) Net taxable estate x Estate tax rate Estate tax due Less: Tax credit Limit: 4/6.5 x P390,000 = P240,000 Actual: P30,000 Estate tax payable P20,000,000 (3,000,000) (2,000,000) P15,000,000 (5,000,000) (4,500,000) (4,000,000) P1,500,000 6% P90,000 (30,000) P60,000 CHAPTER 6 – DONOR’S TAX PROBLEM SOLVING P6.1 TO Abel Jen Gore Alexa Earl Hananiah Chen Kristine Gavrie Land 1** Land 2*** Land 3**** Car GROSS GIFT A P800,000 3,000,000 250,000 100,000 5,000,000 1,500,000 100,000 100,000 500,000 5,000,000 200,000 P16,550,000 B P800,000 3,000,000 250,000 100,000 5,000,000 1,500,000 100,000 100,000 500,000 5,000,000 200,000 P16,550,000 QUESTION C P800,000 3,000,000 250,000 100,000 5,000,000 1,500,000 100,000 100,000 500,000 5,000,000 200,000 P16,550,000 D P800,000 E P800,000 - 250,000 100,000 1,500,000 500,000 200,000 P3,000,000 1,500,000 100,000 500,000 200,000 P3,450,000 *The question is “gross gifts”, hence, disregard the mortgage. **Sale of Land #1 is a transfer with insufficient consideration. However, unlike in Estate Taxation, Transfer with insufficient consideration for donor’s tax purposes is not taxable if the property donated is a real property classified as capital asset subject to capital gains tax. *** Sale of Land # 2 is considered bona fide or valid sale. ****Sale of Land #3 is a transfer with insufficient consideration. Nonetheless, the sale is subject to donor’s tax because the property was not subjected to capital gains tax. Capital gains tax on real properties are applicable only on sale of real properties classified as capital assets located in the Philippines. 20 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P6.2 ITEM A B C D E F Car, Alabang Car, Malaysia Land Cebu GROSS GIFT Q#A P4,500,00 1,000,000 1,500,000 2,000,000 3,000,000 500,000 200,000 200,000 P12,900,000 Q#B P4,500,00 3,000,000 200,000 P7,700,000 P6.3 (a) (b) (c) (d) None; subject to CGT, not donor’s tax CGT = P2.5M x 6% = P150,000 Donor’s tax = [(P2.5M – P1.5M) – 250,000] x 6% = P45,000 TRAIN Law CGT = P0 (a) (b) (c) (d) Donor’s Tax = [(P850,000 – 400,000) – 250,000] x 6% = P12,000 CGT = P0; the shares were sold at a loss. Donor’s Tax = P0; exempt from donor’s tax under the TRAIN Law CGT = P0; the shares were sold at a loss. P6.4 P6.5 – Donations were made after the effectivity of TRAIN Law a) March 1 = Exempt b) May 30 = P21,000 c) June 30 = P90,000 d) July 31 = P0; exempt e) September 30 = P447,200 21 | Solution: Gross Gifts – March 1 Less: Tax exempt gift Net taxable gift Donor’s Tax Due/ Payable – March 1 P200,000 (250,000) PExempt Gross gift – May 30 Less: Mortgage assumed by the donee Add: Prior net gift Total Gifts as of May 30 Less: Tax Exempt gift Taxable gift – May 30 x Donor’s Tax Due Less: Tax paid Donor’s tax payable-May 30 P500,000 (100,000) 200,000 P600,000 (250,000) P350,000 6% P21,000 P21,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Gross gift – June 30 P300,000 Add: Prior net gift Total gifts as of June 30 Less: Tax Exempt gift Taxable gift – June 30 x Donor’s Tax Due Less: Tax paid as of May 30 Donor’s tax payable-June 30 600,000 900,000 (250,000) P650,000 6% P39,000 (21,000) P18,000 Gross gift – September 30 Less: Mortgage assumed by the donees Add: Prior net gift Total gifts as of June 30 Less: Tax Exempt gift Taxable gift – Sept. 30 x Donor’s Tax Due Less: Tax paid as of June 30 Donor’s tax payable-Sept. 30 Apply cumulative rule regardless of the relationship between the donor and the donee P3,000,000 (600,000) 900,000 P3,300,000 (250,000) P3,050,000 6% P183,000 (39,000) P144,000 P6.6 – Donations were made before and after effectivity of TRAIN Law 1) March 30, 2018 = P0 2) May 25, 2018 = P0, exempt Solution March 30, 2018 Gross gift Less: Tax exempt gift Taxable net gift P100,000 (250,000) P- May 25, 2018 Gross gift - church Deductions Add: Prior net gift Less: Tax exempt gift Taxable gift Tax Due P200,000 (200,000) 100,000 (250,000) P0 P0; exempt P6.7 1) 2) 3) June 6, 2018 = P0; exempt October 8, 2018 = P2,160 November 4, 2018 = P240 Gross Gift (P460k + 20K)/2 Mortgage assumed Net gift Less: Tax exempt gift Net Taxable gifts – June 6 Donor’s Tax Payable 22 | June 6, 2018 Husband P240,000 (2,000) P238,000 (250,000) (P12,000) P0 Wife P240,000 (2,000) P238,000 (250,000) (P12,000) P0 Total P0 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia October 8, 2018 Husband P30,000 Gross Gift Dowry Prior Net Gift Total net gifts Less: Tax exempt gift 238,000 P268,000 (250,000) P18,000 x6% P1,080 P1,080 Donor’s Tax Due Tax Paid-June 6 Donor’s Tax Payable Gross Gifts (charitable org.; exempt) To a family friend Prior net gifts Tax exempt gift Taxable gift Donor’s Tax Due Less: Donor’s tax paid Donor’s Tax Payable P6.8 (1)P6,000 23 | (2)P0 (3)P36,000 November 4, 2018 Husband P2,000 268,000 (250,000) P20,000 @6% P1,200 (1,080) P120 Wife P30,000 238,000 P268,000 (250,000) P18,000 x6% P1,080 P1,080 Total Wife Total P2,160 P2,000 268,000 (250,000) P20,000 @6% P1,200 (1,080) P120 P240 (4)P30,000 Gross Gifts Mortgage assumed Net Gift Less: Exempt gift Net Taxable gift Donor’s Tax Due Feb. 15, 2018 Mr.Macariola P200,000 (50,000) P150,000 (250,000) PP0; exempt Gross Gifts Prior net gift Net gift Less: Tax exempt gift Net Taxable Gift Donor’s Tax Due @ 6% Donor’s tax paid Donor’s Tax Payable March 30, 2018 Mr.Macariola P200,000 150,000 P350,000 (250,000) P100,000 6,000 P6,000 Mrs.Macariola P200,000 (50,000) P150,000 (250,000) PP0; exempt Total Mrs.Macariola Total P- P- P6,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia June 1, 2018 Mr.Macariola P- Gross Gifts Prior net gift Net gift Less: tax exempt gift Net Taxable gift Donor’s Tax Due October 12, 2018 Mr.Macariola P400,000 (50,000) 350,000 P700,000 (250,000) P450,000 6% P27,000 (6,000) P21,000 Gross Gifts (P400k+P400k)/2 Less: Mortgage assumed Prior net gift Net gift Less: tax exempt gift Net Taxable Gift x Donor’s Tax Due Less: Donor’s Tax Paid Donor’s Tax Payable October 12, 2018 - CLIFFORD Gross gift Less: Tax exempt gift Net Taxable gift Tax Due TRUE OR FALSE 1. TRUE 2. TRUE 3. FALSE 4. TRUE 5. TRUE 6. TRUE MULTIPLE CHOICE 1. A 2. A 3. C 4. C 5. B 6. D 7. D 8. D 9. D 10. C 11. D 12. A 24 | Mrs.Macariola P100,000 150,000 250,000 (250,000) P0 P0 Total Mrs.Macariola P400,000 (50,000) 250,000 P600,000 (250,000) P350,000 6% P21,000 (6,000) P15,000 Total P0 P36,000 P100,000 (250,000) P0 P0; exempt 7. 8. 9. 10. 11. 12. FALSE TRUE FALSE FALSE TRUE FALSE 13. 14. 15. 16. 17. 18. FALSE FALSE FALSE FALSE FALSE FALSE 19. 20. 21. 22. 23. 24. TRUE FALSE FALSE FALSE FALSE TRUE 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. C D B D A B C B C A D C 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. D D B D D B A A B A B B 37. 38. 39. 40. 41. 42. B C D A B C 25. 26. 27. 28. 29. 30. TRUE TRUE FALSE TRUE FALSE FALSE Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Supporting computation: No. 27. Gross Gifts (5M/2) Less: Tax Exempt Gift Net taxable gift P2,500,000 (250,000) P2,250,000 No. 30 and 31. TRAIN Law Net gift – Feb. 29 Less: Donation to the government Net taxable gift – Feb. 29 P500,000 (P500,000) P-; exempt Gross gift April 1 Mortgage assumed by the donee Net Gift Less: Tax exempt gift Net Taxable Gift Donor’s Tax Due @ 6% (#30) P1,000,000 (500,000) P500,000 (250,000) P250,000 P15,000, Net gifts, May 31 PNG-April 1 Cumulative Net gift, May 31 Less: Tax exempt gift Net taxable gift x Total Less: Donor’s tax paid April 1 Donor’s tax payable, May 31 (#31) P5,000,000 500,000 P5,500,000 (250,000) P5,250,000 6% P315,000 (15,000) P300,000 No. 32. TRAIN LAW Net gifts of the spouses, March 1 Divide by Net gift, Mr. Mapagbihay, March 1 Tax exempt gift Taxable net gift, Mr. Mapagbigay Donor’s Tax Due, Mr. Mapagbigay P500,000 2 P250,000 (250,000) P0 P0 No. 33. Net gifts of the spouses, May 1 Add: Prior net gift, March 1 Cumulative net gift Divide by Cumulative Net gift, Mrs Mapagbigay Less: Tax exempt gift Cumulative taxable net gift x Donor’s tax due Less: Donor’s tax paid, March 1 Donor’s Tax Payable 25 | P400,000 500,000 P900,000 2 P450,000 (250,000) P200,000 6% P12,000 P12,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 34. Total gifts of the spouses (P1.1M/2) Less: Exempt gifts Net Taxable gift x Donor’s tax due per spouse Total donor’s tax due of the spouses No. 35. TRAIN LAW Gross gift-Jan. 24 Mortgage assumed by the donee Net gift Less: tax exempt gift Taxable Net Gift Donor’s Tax Rate (TRAIN Law) Donor’s tax due/payable Mr. Mrs. P550,000 P550,000 (250,000) (250,000) P300,000 P300,000 6% 6% P18,000 P18,000 P36,000 P2,000,000 (500,000) P1,500,000 (250,000) P1,250,000 6% P75,000 No. 36. TRAIN LAW Net gift-Nov. 30 Net gift-Jan. 24 Cumulative Net gift Less: tax exempt gift Taxable Net Gift Donor’s Tax Rate (TRAIN Law) Total donor’s tax due Less: Donor’s tax paid-Jan. 24 Allowable Donor’s tax credit: Limit = 4.5/6 x P345,000 = P258,750 Vs. Actual = 400,0000 Donor’s tax due/payable P4,500,000 1,500,000 P6,000,000 (250,000) P5,750,000 6% P345,000 (75,000) (258,750) P11,250 CHAPTER 7 – BUSINESS TAXES MULTIPLE CHOICE 1. A 2. D 3. D 4. D 5. B 26 | 6. 7. 8. 9.. 10. B C D C D 11. 12. 13. 14. 15. C B C A D 16. 17. 18. 19. 20. C D D A D Transfer & Business Taxation(2020 Edition) by Tabag and Garcia CHAPTER 8 – VALUE ADDED TAX PROBLEM SOLVING P8.1 Residential Units: Case A Exempt Case B OPT Case C OPT Case D Vat Commercial Units: Case E Vat Case F OPT Case G OPT Case H Vat P8.2 Case A Case B Case C Case D X X V V Case E Case F Case G Case H V X V (0%) V Case I Case J V X (OPT) P8.3 a) b) c) d) nil Vat Payable = P134,400 x 3/28 = P14,400 Vat Payable = OV P201,600 x 3/28 – Input Vat P14,400 = P7,200 nil P8.4 Cash Sales Sales on account Transactions deemed sale (22,400+16,800+19,040+8,960) Total sales subject to vat x Output Vat Less: Input vat (P291,200 x 3/28) Vat Payable P660,800 246,400 67,200 P974,400 3/28 P104,400 (31,200) P73,200 P8.5 OUTPUT: Sales (P8M – 400,000) x 12% Sales from consignment (March and Feb.) (20+10) x P10,000 x 12% Transactions deemed sales January 8 consignment (20 x P10,000) x 12% Goods withdrawn Goods taken as payment to creditors INPUT VAT Purchase of goods, supplies, freight/insurance) Capital goods (P1,100,000 x 12%) / 48 mos. VAT PAYABLE 27 | P912,000 36,000 24,000 6,000 3,600 82,080 2,750 P981,600 (84,830) P896,770 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P8.6 Sale of school supplies Sale of gift items Sales subject to output vat x Output Vat Less: § Input vat on purchases directly attributable to vatable sales (Purchase of school supplies and gift items) P1,344,000 x 3/28 § Input vat on purchases attributable to vatable and nonvatable sales (Purchase of computers) P448,000 x 3/28 x (2,400/3,600)** § Purchase of office supplies used in vatable and non-vatable transactions from non-vat registered suppliers Vat Payable **Total Vatable Sales net of vat = P2,400,000 Non-vatable sales = P1,200,000 Total Sales, net (vatable and non-vatable) = P3,600,000 P1,680,000 1,008,000 P2,688,000 3/28 P288,000 P144,000 P32,000 nil (176,000) P112,000 P8.7 Output Vat (P896,000 x 3/28) Less: Input vat P96,000 § P224,000 x 3/28 § P112,000 x 3/28 x 80% § P2,240 x 3/28 x 80% Vat Payable (24,000) (9,600) (192) P62,208 Note: The input vat on capital goods is not amortized because the acquisition cost is not more than P1M. The ratio of vatable sales to total sales = 80% P8.8 (a) Total Input Vat (P374,000 + 69,848 + 154,000 + 55,000) x 3/28 = P69,948 (b) Output vat (P330,000 + P274,996) x 3/28 P64,821 Less: Input vat (P374,000 + 69,848 + 154,000) x 3/28 (69,984) Vat Payable (P5,163) Note: § Sale to export oriented enterprise is considered is subject to 12% vat under the TRAIN Law. § The input vat on purchase of goods intended for export may be refunded, deducted from output vat or converted to a tax credit certificate. 28 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P8.9 (a) P28,800 (b) P12,600 Output Vat (P350,000 x 12%) Less: § Input vat on importation: CIF (cost, insurance, freight) value Charges/expenses incurred in claiming the goods: Wharfage Arrastre Customs duty Brokerage fee and documentary stamps Facilitation expense = bribe; illegal payment; not included in the computation Marine cargo insurance Total x § Input vat on Freight from customs to warehouse Vat Payable P42,000 P229,195 1,540 2,295 4,090 330 2,550 P240,000 12% (28,800) (600) P12,600 P8.10 (a) 1st Quarter Output Vat (P3M x 12%) INPUT VAT: Purchases (P1.2M x 12%) Purchase of machinery (P2.5M x 12%) / 36 x 3mos. Unused input vat as of end of 2017 Vat Payable P360,000 (144,000) (25,000) (125,000) P66,000 (b) 2nd Quarter Output Vat (4.8M x 12%) Input Vat Purchases (P3M x 12%) Unused input vat on capital goods (P2.5M x 12%-25,000) Excess Input vat P576,000 (360,000) (275,000) (P59,000) P8.11 Output vat (P336,000 x 12%) Input vat: On purchases (P112,000 x 3/28) Transitional input vat: Higher between 2% of beg. Invty vs. P10,000 Vat Payable 29 | P40,320 (12,000) (10,000) P18,320 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P8.12 (a) (b) P3,400 P80,000 Output vat (P800,000 x 12%) Less: Input Vat Presumptive I.V (P85,000 x 4%) Purchased of olive oil (P67,200 x 3/28) Purchased of can containers (P25,000 x 12%)) Payments for paper labels (P12,000 x 12%) Purchased of cardboard for boxes (P8,960 x 3/28) Payments for hauling services Vat Payable P96,000 (3,400) (7,200) (3,000) (1,440) (960) nil P80,000 P8.13 Output vat (672,000 x 3/28) P72,000 Less: Input Vat Purchased of bottles (P22,400 x 3/28) (2,400) Purchased of can containers (P50,000 x 12%) (6,000) Payments for paper labels (P5,600 x 3/28) (600) Purchased of cardboard for boxes (P3,360 x 3/28) (360) Payments for hauling services (P60,000 x 12%) (7,200) Vat Payable P55,440 & The taxpayer (processor of fruits) is not entitled to presumptive vat P8.14 Subject to Value Added Tax Hotel rooms (P1.8M x 12%) Dining Hall: Sale of food and refreshments (P2.2M x 12%) Sale of wine, beer and liquor (P950,000 x 12%) Other revenues (P700,000 x 12%) Subject to Percentage Tax (Amusement Tax) Disco: Sale of food and refreshments (P1.6M x 18%) Sale of wine, beer and liquor (P1.2M x 18%) TOTAL BUSINESS TAXES P216,000 264,000 114,000 84,000 288,000 216,000 P1,182,000 P8.15 OUTPUT VAT based on collections (15M + 10M + 5M) INPUT VAT on purchases from: Alpha (P12M – 1.2M) x 12% Bravo (non-vat reg.) Charlie (P4M – 1M) x 12% Delta (P2M x 12%) Vat Payable 30 | P3,600,000 (1,296,000) (360,000) (240,000) P1,704,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia P8.16 Output vat ((P4M – 2.5M) x 12% Less: input vat (P800,000 x 12%) Vat Payable P180,000 (96,000) P84,000 P8.17 Ratio of Initial Payment over Selling Price: Lot A = 50/250 = 20% ; Installment Sale Lot B = 70/200 = 35%; Deferred Sale; Treated as Cash Sale Lot C = 60/300 = 20%; Installment Sale Nov. 2018 P3,000 24,000 4,800 P31,800 Lot A: P25,000 x 12%; P25,000 x 12% Lot B: P200,000 x 12% Lot C: P40,000 x 12%; P20,000 x 12% Vat Payable Dec. 2018 P3,000 2,400 P5,400 P8.18 a) b) Output vat September 2018 = P3M x 12% = P360,000 The sale is a Deferred sale. Ratio of initial payments over SP is 30%. Output vat January 2019 = P0 P8.19 Room charges Laundry services Food and beverages Corkage Handling charges for providing telephone, telex, cable or fax services Cake shop sales Total Vat rate Output Vat for the month 31 | P1,000,000 25,000 1,500,000 15,000 4,500 80,000 P2,624,500 12% P314,940 TRUE OR FALSE SET A 1. T 2. F 3. F 4. T 5. T 6. 7. 8. 9. 10. F F F T T 11. 12. 13. 14. 15. F F F F F 16. 17. 18. 19. 20. T F F T* T 21. 22. 23. 24. 25 F F T F T SET B 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. F F F T F 11. 12. 13. 14. 15. F F T F T 16. 17. 18. 19. 20. T T T F F 21. 22. 23. 24. 25 T T T T F T T T F F Transfer & Business Taxation(2020 Edition) by Tabag and Garcia MULTIPLE CHOICE 1. D 2. C 3. A 4. D 5. D 6. D 7. D 8. D 9. A 10. C 11. C 12. A 13. A 14. D 15. C 16. C 17. A 18. D 19. D 20. D 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. C A C D* C A B** B C B B D A B B B B B C A 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. B C D D B D D C C D B C B D D C A A C A 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. C B C D A C B D A D D A D B C D C D C B 81. 82. 83. 84. 85. 86. 87. D A B C C C D Supporting Computations/explanations: No. 12 “III” is exempt only if contribution per member is not more than P15,000. No. 20 Output Vat (P2,805,500 +P1,524,000) x 12% P519,540 Input vat (P1,102,200+P1,012,500) x 12% (253,746) Vat Payable P265,780 No. 21 Output Vat, 3rd quarter (P150,000 x 12%) Input vat, 3rd quarter (P120,000 x 12%) Deferred input vat – previous quarter Vat Payable (Carry-over) No. 27 P18,000 (14,400) (6,000) (P2,400) **Letter “B” is no longer considered export sale upon \the effectivity of the TRAIN Law. No. 37 AR, July 1 Billings, July-Sept. AR, Sept. 30 Collections Output vat @ 12% Input vat on purchases @ 12% Vat Payable 32 | P180,000 850,000 (120,000) P910,000 109,200 (57,600) P51,600 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 38 Output vat (P5.5M x 12%) Input vat on materials Vat Payable September P660,000 (180,000) P480,000 Output vat (P10M x 12%) Input vat on materials Input vat on capital goods (P3Mx12%) /60 mos. Vat Payable June 30 P1,200,000 (480,000) (36,000) No. 39 P684,000 No. 41 Sales, shares held as inventory Cos of shares, held as inventory Gross income Vat rate Output vat Les: Input vat Supplies expense Rent expense Vat payable P5,000,000 (2,000,000) 3,000,000 12% P360,000 12,000 24,000 (36,000) P324,000 No. 49 Domestic sales (P600,000 x 12%) Add: Transaction deemed sales Jan. 4 consignment (P200,000 x 12%) Goods consumed on Fe. 27 (P50,000 x 12%) Property dividends (P150,000 x 12%) Total Output Vat P72,000 24,000 6,000 18,000 P120,000 No. 66 & 67 Output vat (P592,480 x 3/28) Less: Input Vat Purchases of goods (P100,000 x 12%) Purchases of services (P20,000 x 12%) Transitional input vat VAT Payable P63,480 P12,000 2,400 4,800 (19,200) P44,280 No. 72 Output Vat for October 2018 = P3M x 12 = P360,000 v Ratio of Initial Pay’t over Gross S.P. = P900,000/P3,000,000 = 30% v If initial payment is more than 25% of Selling Price, the sale is classified as Deferred Sale which is treated as Cash Sale. Therefore, the entire output vat is due on the month of sale. No. 73 Output Vat for 2019 = P0; 33 | The entire output vat was paid in 2018 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 74 Downpayment 1st installment payment Total (vat inclusive) Less: VAT (P224,000 x 3/28) Initial Payment (exclusive of vat) Divide by contract Price (P1,120,000 x 3/28) Ratio of Initial Payment over SP Output vat for 2018 (P200,000 x 12%) P112,000 112,000 224,000 (24,000) P200,000 1,000,000 20% P24,000 No. 75 VAT ON CASH SALE: (ZV is higher than SP) (P600,000 x 12%) VAT ON DEFERRED SALE: (Ratio of Initial payment over SP > 25% (Deferred Sale) (Treated as cash sale; SP is higher than FMV) [(P336,000/1.12) x 12%] TOTAL OUTPUT VAT P72,000 36,000 P108,000 No. 78 and 79 Output vat (P336,000 x 3/28) Input vat (56,000 + 11,200) x 3/28 x 300/500 Vat Payable P36,000 (4,320) P31,680 No. 80 OUTPUT VAT (P896,000 x 3/28) INPUT VAT Purchases of goods, vat business, vat included (P224,000 x 3/28) MIXED Transactions: Purchases of supplies, for vat & non vat business [(112,000 x 3/28) x (800,000/1,000,000)] Purchase of depreciable asset, for use in vat and non vat business [(P2,240 x 3/28) x (800,000/1,000,000)] VAT PAYABLE P96,000 (24,000) (9,792) P62,208 No. 81 and 82 OUTPUT VAT Domestic sales (P330,000 + P274,996) x 3/28 Export sales (zero rated) INPUT VAT Purchases of goods, supplies and services for domestic sales and for export (374,000 + 69,848 + 154,000 + 55,000) x 3/28 Vat Payable P64,821 0 (69,948) (P5,127) No. 83 Raw Materials (P560,000 x 3/28) x 400,000/1M Supplies (P448,000 x 3/28) x 400,000/1M Equipment (P300,000 x 12% x 400,000/1M) INPUT VAT ATTRIBUTED TO EXPORT SALES 34 | P24,000 19,200 14,400 P57,600 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia CHAPTER 9 – OTHER PERCENTAGE TAXES PROBLEM SOLVING P9.1 1. A 2. F 3. F 4. A 5. A 6. F 7. C* 8. C* 9. C* 10. A 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. A A A A A F C C A C 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. A A A C C C F F A C 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. C A A A B F A F A E 41. 42. 43. A F A *#7 to #9: Assume the taxpayer is domestic common carrier by land. It is subject to OPT under Section 117. #7-9: It is subject to OPT under Section 116 #18: Subject to Section 118 as to its cargo operations only P9.2 1) 2) 3% OPT on vat exempt sales (GR<3,000,000 & non-vat registered) =P1,275,000 x 3% = P38,250 Business Tax Due = P0; The taxpayer opted to be taxed at 8% (qualified) which is in lieu of the Basic Income Tax Due and Business Tax Due under Section 116 of the Tax Code, as amended under TRAIN Law. 1) Gross sales/receipts and other non-operating income = P1.8M + (570,000/95%) = P2.4M Business Tax = P2.4M x 3% under Sec. 116 = P72,000 2) Business Tax Due = P0; The taxpayer opted to be taxed at 8% (qualified) which is in lieu of the Basic Income Tax Due and Business Tax Due under Section 116 of the Tax Code, as amended under TRAIN Law. 3) VAT = P2.4M x 12% = P288,000 1) Gross sales/receipts and other non-operating income = P1,275,000 Business Tax = P1,275,000 x 3% under Sec. 116 = P38,250 The compensation income is not subject to business tax. 2) Business Tax Due = P0; The taxpayer opted to be taxed at 8% (qualified) which is in lieu of the Basic Income Tax Due and Business Tax Due under Section 116 of the Tax Code, as amended under TRAIN Law. P9.3 P9.4 P9.5 Gross receipts-passenger operations by land P240,000 (P8,000,000 x 3% CCT) Gross receipts cargo operations 450,000 (P5M x 75% x 12%vat) Rentals (P2M x 12%vat) 240,000 Total business taxes P930,000 & The basis of business tax in this particular problem shall be collections because the taxpayer is engaged in sale of services. P9.6 35 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia 1) Taxpayer is non-vat registered Gross receipts P2,400,000 Add: AR, beginning 500,000 Less: AR, end (600,000) Collections 2,300,000 x 3% Business Taxes under P69,000 Sec. 116 & The basis of business tax in this particular problem shall be collections because the taxpayer is engaged in sale of services. & The taxpayer is non-vat registered and the total gross receipts ≤ P3,000,000, hence, subject to 3% OPT under Section 116 of the Tax Code, as amended. 2) Taxpayer is vat registered Gross receipts P2,400,000 Add: AR, beginning 500,000 Less: AR, end (600,000) Collections 2,300,000 x 12% Business Taxes under Sec. P276,000 116 & The basis of business tax in this particular problem shall be collections because the taxpayer is engaged in sale of services. & Although the total gross receipts ≤ P3,000,000, the taxpayer is vat registered. Hence, subject to 12% vat P9.7 1) Income tax due = P400,000 § GR Passenger operations-Phils. § GR cargo operations-Phils. Total GPB rate Income Tax Due P10,000,000 6,000,000 16,000,000 2.5% P400,000 2) Income tax due using preferential tax rate of 2% per treaty = P320,000 § GR Passenger operations-Phils. P10,000,000 § GR cargo operations-Phils. 6,000,000 Total 16,000,000 GPB rate 2% Income Tax Due P320,000 3) Business tax due = 3% CCT on cargo operations originating in the Philippines = 3% x P6M = P180,000 P9.8 36 | 1. P0. Not subject to business tax but subject to a capital gains tax of P7,500. [(5,000 sh. X P50) – P200,000 = P50,000 capital gain x 15%CGT under TRAIN Law = P7,500 CGT 2. P0. Not subject to business tax as well as income tax (CGT). The transaction resulted to a loss amounting to P75,000, hence, not subject to CGT. Purchase Price = P50/share; S.P.=P35/share; Loss = P15/share Transfer & Business Taxation(2020 Edition) by Tabag and Garcia 3. 5. Subject to P6,000 value added tax [(5,000 sh. X P50) – P200,000 = P50,000 capital gain x 12% = P6,000 A dealer in securities is subject to 12% value added tax based on gross income Subject to OPT (stock transaction tax) of P720 computed as follows: P120,000 x .006 (TRAIN Law) = P720 OPT = 5,000 shares x P18 x .006 = P540 1. 2. P3,000 OPT. P120 OPT. 1. 2. 3. 4. P1,053,000 OPT (amusement tax). P5,850,000 x 18% = P1,053,000 P720,000 OPT. P4M x 18% = P720,000 P55,500 OPT. P1,850,000 x 3% = P55,500 P198,000 VAT. (P1850,000 x 12%) – (P224,000 x 3/28)] = P198,000 1. P501,250 computed as follows: 4. P9.9 ratio=10/35=28.5%; IPO rate= 2%; Tax due on=P150,000 x 2% = P3,000 P20,000 x .006 = P100 P9.10 P9.11 Interest and commission income from lending activities with maturity of 3 years Interest and commission income from lending activities with maturity of 5 years Interest and commission income from lending activities with maturity of 7 years Other income from rentals of facilities and other assets Income from financial leasing (remaining maturity is more than 5 yrs) Dividends and equity shares in net income of subsidiaries Net trading gain (loss) Total Gross Receipts Tax 2. st % 5% Business Tax P200,000 3,500,000 5% 175,000 6,000,000 1% 60,000 775,000 1,200,000 7% 1% 54,250 12,000 500,000 (150,000) 0% NA P501,250 2 Quarter P2,800,000 nd % 5% Business Tax P140,000 3,300,000 5% 165,000 7,200,000 1% 72,000 825,000 950,000 7% 1% 57,750 9,500 400,000 175,000 0% 7% 1,750 P446,000 P446,000 Interest and commission income from lending activities with maturity of 3 years Interest and commission income from lending activities with maturity of 5 years Interest and commission income from lending activities with maturity of 7 years Other income from rentals of facilities and other assets Income from financial leasing (remaining maturity is more than 5 yrs) Dividends and equity shares in net income of subsidiaries Net trading gain net of loss (P325,000-150,000) Total Gross Receipts Tax 37 | 1 Quarter P4,000,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia TRUE OR FALSE 1. FALSE 2. TRUE 3. TRUE 4. FALSE 5. FALSE 6. FALSE 7. FALSE 8. TRUE 9. TRUE 10. FALSE 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TRUE FALSE FALSE TRUE TRUE TRUE FALSE FALSE TRUE FALSE 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. FALSE TRUE TRUE FALSE FALSE TRUE TRUE TRUE TRUE FALSE #4. False. Shall be either 0%vat or vat exempt only #6. False. Shall be whichever is higher. However, the application of minimum quarterly receipts has been suspended. #7.False, CCT is based only on GR from cargo operations. #9. True. For business tax purposes only; sources within for income tax purposes #13. False. Shall be from the government #14. True. i.e., Radio/television broadcasting companies whose GR exceeds the vat threshold of P10M preceding year. MULTIPLE CHOICE 1. B 21. D 41. A 61. A 81. D 2. D 22. A 42. A 62. C 82. D 3. D 23. A 43. A 63. C 83. C 4. C 24. A 44. D 64. A 84. A 5. D* 25. B 45. C 65. A 85. P1,440 6. C 26. A 46. A 66. D 7. A 27. B 47. D 67. D 8. A 28. D 48. B 68. A 9. D 29. B 49. A 69. B 10. A 30. C 50. B 70. B 11. A 31. A 51. B 71. C 12. A 32. C** 52. C 72. A 13. C 33. D 53. C 73. B 14. D 34. B 54. C 74. C 15. A 35. D 55. B 75. B 16. B 36. D 56. B 76. B 17. C 37. D 57. A 77. A 18. D 38. D 58. C 78. C 19. B 39. A 59. C 79. C 20. B 40. C 60. D 80. C *Items I and II are not subject to business taxes while item III is subject to Sec. 117 instead of Sec. 116 **For Inte’l Carriers, passenger operation is exempt from business tax. 38 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia Supporting Computations: No. 6 OPT on sale of refined sugar and cooking oil = (P500,000 + 500,000) x 3% = P30,000 No. 7 (P280,000 + P220,000) x 3% = P15,000 No. 8 Collections = P50,000 + 100,000 – 75,000 = P75,000 OPT = P75,000 x 3% = P2,250 No. 9 Gross receipts (refer to #6) x vat rate Output vat Input vat (P11,200 x 3/28) Vat Payable No. 10 No. 19 No. 20 No. 21 No. 22 No. 23 No. 26 No. 27 No. 28 No. 29 No. 30 P75,000 12% P9,000 (1,200) P7,800 VAT Payable = (P1,350,000 + 625,000 – 1,200,000) x 12% = P93,000 P6.5M x 12% vat = P780,000 P660,00 x 3% = P19,800 (P400,000 + P100,000) x 12% = P60,000; shall be based on collections CCT = (P800,000 + 400,000) x 3% = P36,000 CCT = [(100,00-18,000) + (165,000-13,500) + 90,000 + 35,500] x 3% = P10,770 P10M x 2.5% = P250,000 P10M x 1.5% = P150,000 exempt B (P10M x 40%) 3% = P120,000 No. 37 AR, beg. Revenues (P4M + P1M) AR, end Gross receipts Vat rate Business tax due P600,000 5,000,000 (960,000) P4,640,000 12% P556,800 No. 38 Covered by the Franchise AR, beg. Revenues AR, end Gross receipts Franchise tax rate Business tax due Total Business Taxes P600,000 4,000,000 (800,000) P3,800,000 2% P76,000 P176,800 NOT Covered by the Franchise AR, beg. Revenues AR, end Gross receipts Franchise tax rate Business tax due P---1,000,000 (160,000) P840,000 12% P100,800 No. 39 No. 45 2017 = P9M x 3% = P270,000; 2018 = P12M x 3% = P360,000 P3M x 10% = P300,000 39 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 46 Output vat (P5M x 12%) Input Vat § P300,000 x 12% § P800,000 x 12% x 5/8 Vat Payable No. 48 P600,000 (36,000) (60,000) P504,000 Statement 2 is False. The rate shall be 4% (twice the rate of Section 123 NIRC) No. 54 OPT% Interest income from lending activities from inst1uments with remaining terms of: Five years and less More than five years Dividends & equity shares from subsidiaries Rental income Net trading gains Total Gross Receipts Tax GRT 5,000,000 3,000,000 1,000,000 500,000 300,000 5% 1% 0% 7% 7% P250,000 30,000 0 35,000 21,000 P336,000 P880,000 220,000 660,000 110,000 30,000 220,000 OPT% 7% 7% 7% 7% 0% 7% GRT P61,600 15,400 46,200 7,700 0 15,400 700,000 800,000 5% 1% 35,000 8,000 P189,300 No. 55 Rentals from safety deposit boxes Net foreign exchange gains Net trading gains from trading of securities Trust fees Dividends from domestic corporations Other service fees Interest income from lending activities from inst1uments with remaining terms of: Five years and less More than five years Total Gross Receipts Tax No. 56 Interest income with maturity of less than 5 years (P500,000 x 5%) Rentals (P500,000 x 7%) Net trading loss = none; if net trading gain, tax is 7% Gross receipt tax (GRT) P25,000 35,000 P60,000 No. 57 Interest income with maturity of less than 5 years (P1M x 5%) Rentals (P500,000 x 7%) Net trading gain [200,000 – (100,000 net trading loss previous month) x 7%] Gross receipt tax (GRT) 40 | P50,000 35,000 7,000 P92,000 Transfer & Business Taxation(2020 Edition) by Tabag and Garcia No. 58 Interest withheld and paid (P100,000 x 5 years x 1%) Adjusted amount of tax due to pre-termination (P100,000 x 5 years x 5%) Tax Payable No. 60 No. 61 No. 62 No. 67 No. 69 No. 72 No. 73 No. 75 (P5,000) 25,000 P20,000 OPT under Sec. 124 = P2M x 4% = P80,000 [(P500,000 x 12%)-(300,000x12%)] = P24,000 P2M x 2% = P40,000 P5,425 x 18% = P976,500 P425,000 x 3% = P12,750 Amusement tax = exempt Amusement tax = (P5M + 3M) x 10% = P800,000 Double = P200 bet/P20 per ticket = 10 tickets; 10 tickets x P180 net winnings per ticket x 4% = P72 Ordinary (winner take all) = P500 bet/P50 per ticket = 10 tickets; = 10 tickets x P950 net winnings per ticket x 1% = P950 Forecast = Bet P1,000/20 per ticket = 50 tickets = 50 tickets x P80 net winnings per ticket x 4% = P160 TOTAL = P1,182 No. 80 No. 82 OPT = P350,000 x .005 = P1,750 Vat = (P1.5M – P1M) x 12% = P60,000 No. 83 No. 84 No. 85 (120,000 – 30,000) x ½ x P30 x 1% = P13,500; Ratio = 45/75 = 60%; IPO rate = 1% (2,000 x P25 x 4% = P2,000; Ratio = 2/75 = 2.67%; IPO rate = 4% OPT = 6,000 x P40 x .006% = P1,440 CHAPTER 10 – TAX REMEDIES MULTIPLE CHOICE 1. D 2. B 3. C 4. A 5. D 6. D 7. C 8. D 9. D 10. D 11. D 12. D 13. C 14. B 15. D 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. A D C B C C D B B C B C C B C 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. D* D B B B B C A C D D D A D A 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. D A A A D D D B D A B B A D C 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. A D D C B B B B A A D A D D C #17. The sixty (60)-day period for the submission of all relevant supporting documents shall not apply to requests for reconsideration under RR 18-2013. #23. (the taxpayer has, nonetheless, the option to wait for the decision of the BIR even beyond the 180 day period nder RR 18-2013.) If the protest is not acted upon by the Commissioner’s duly authorized representative within one hundred eighty (180) days, THE TAXPAYER MAY EITHER: a) Appeal to the CTA within thirty (30) days after the expiration of the one hundred eighty (180)-day period; or b) Await the final decision of the Commissioner’s duly authorized representative on the disputed assessment. 41 | Transfer & Business Taxation(2020 Edition) by Tabag and Garcia