p MULTIPLE CHOICE Principles 1. An excise tax on transfers inter-vivas a. Donor's tax c. Income .tax b. Estate tax d. VAT 2. An ex(;ise on ·transfers morfis causa a. VAT b. Estate tax c. Income tax d. Donor's tax 3. Which among the following statements is not correct? . · I. Estate taxation is governed by the statute in force at the time of death of the decedent. II. Estate tax accrues as of the death of the decedent. 111. Succession takes place and the right .of the State to tax the privilege to transmit. the estate vests ·instantly upon death .. a. I only c. Ill only b. 11 only d. None of the above 4. Estate tax is a tax on the righ.t of the deceased person to transmit his estate to his lawful heirs and beneficiaries. Hence, it is I. A tax on property. II. An excise tax c. Both I and II a. I only d. Neither I nor II b. II only 5. Estate tax is imposed upon the: a. Decedent b. Property or rights transferred c. Right to transfer property upon death d. Privilege to receive inheritance . 6. When a. b. c. d. will the. transfer through succession be effective? Upon the signing of a written will. Upon payment of estate tax. Upon death of the testator Upon registration in th~ register of deeds. 71 I cljt« £erciies . • not following 15 E&tce ~ a characteristic of donation rnortis . ' ocable while donor is alive · 7. Which of the ·s ,rrev causa? fer to the donee I f rtle or ownership to the don~ a. The tra_ns nveyance o I b There rs no co h donor · . before the death of_t ethe fuli or naked ownership and COntroi c The transferor ret~ms live . . . · of the property ~hrle a ~oid if the donor should survive the d. The transfer should be .. donee. .1 c. lnvestmer business alien. d. Shares c establish1 12. The rule of recip1 Non to old age, death may b~ imminent. 8. Mr. Wais thought th~t edu; estate tax is high, he disposed his Knowing that t~e ~au I h ·rs prior to his death (transfer in properties . to hrs ngh~tfu To ~~event undue avoidance of tax, inter- a. b. C. d. f i~~~~~:~~i0~1ii~~~t~mplation of death is ~ub~~~1 ~x a Donor's tax Estate tax c. nc . d. ~xc1se tax b: 1 3_ Intangible Pers, Situs in the Phil I. The dee a foreig ' an esta1 propert~ foreign ti. The lav residen exem·p1 intangil Philippi a. I only b. II only Classification of Taxpayers 9. The gross estate of a_decedent shall b~ compris_ed of the :ollow!ng properties and interest therein at the time of his death, including re·vocable transfers and transfers for insufficient consideration, etc.: I. Residents and citizens: All properties,· real or personal or intangible, wherever situated. II. 1. Nonresident aliens: Only properties situated in the Philippines, !hat, with respect to ·intangible personal property, its inclusion m the gross estate is not subject to the rule of reciprocity a. I only c. Both I and 11 b. II only _ d. Neither I nor II 10. The personal property of a n •d would not be included. th on_-res1 ent, not citizen .of the Philippines, . rn e gross estate if; ~: i~! ;~:~~:~:: ~~~;naf i~'fPerty is i~ th_e Philippines. · clause of the estate t : 1 n th e _Phrlrpprnes anc;j the reciprocity c. The t 'bl aw applies. .angi e property is in the Ph d. Th~ personal propert is 'ippines. corporation 90% of wh Y b sh_ares of stocks qf a domestic ose us1ness . . th 11 Wh· h · IS in e Philippines. . ic of the following is sub·e t . r · · ~- (ar in the Philippine~ ocw~:~he rule o~ reciprocity? st · r~~~ men~ in stock in a , ent ahen decedent. 72 u:Y Ca non-resident alien decedent. orporation owned . by a non- ·~ 14. One of the foll the Philippine~ t. Share: socied in acc1 11. Share where Ill. Share such i the Pl· IV. Share establ a. I only b. II only c£jter q;trcuu - E&de ~ In 1estment in bond in a U.S.-Corporatian that h0 acq ·reo business situs in the PhrHppjnes, and is a11naJ 1rY/ a resv.16 c, alien. Shares owned by a non-resident established in the Philippines, d. 12. The rule of reciproci y applies to: Non•resident alien decedent a. b, Yes No Yes ,No C. d. ar6n in a partne< · P Intangible personal properft£. in the Philippines Yes 0 0 Yes 13. rntangible Personal Property of , on-Hes· ent Af -n Decedent ·1 • Situs in the Philippines shall be Exempt from Taxation if: L The decedent, at the time of his death nas a resident citizen of a foreign country v1hich at the time of his death did not i pose an estate tax of any character in respect of intangibte personal property of citizens of the PhiHppines not residing in that foreign country, IL The laws of the foreign country of /nich the decedent ,as a resident citizen at the time of his death all u a si Har exemption from estate taxes of every character, in respect o~ intangible personal property ow ed by citize iS of e Philippines not residing in that foreign countr1. a. I only c. Either I or II b. 11 only d. leither I nor II 14. O € of the fof11.J wing is n o1 an intangible personal property srtuated in e P lilippines: L Snares, o · afions or bonds issued by any corpora · n or ·ooad a onirna organized and constituted in the Philippines i acco~ ance 1ith rts la111s. IL s! ?.res, bligati s or bo ds issued by any fore' gn corporation // ere ge::o/£ fits si ess is located in the Philippines. a .e s, . Hga , r :,on s issued by a fore➔gn corpora ·on rf IIL s i atio s or ' · s ha ,e acqu·red business in ths I, z. I • II ·a i a !f part ership, busi ess or 1ndustry tside the Philippines. . 111 1y . I ✓ ly c~- q«cisM 'f·1 ' I E.rblte. ~ ; . ,, f- property of a decedent Situs of Estate wing rules on "situs 0 . 15. Which of the. follo •tus of rea 1. property 1s the place or correct? eneral rule, the s1 . . t. As a 9 it is situated. 'ble personal property 1s the country whe~ le the situs of_tang; ally located at the time OI II. As a genera ru ' here such is ac u . I ce or country w . Pa d cedent's death. . 'ble personal property 1s the ~; ~le that situs of mtang~ner does not apply when the Ill. e domicile or re s'1dence of the o roperty has a situs elsewherr non-resident alien decedent is ~he test of situs of property O 81 the transmissions of property IV. t II because on Y · ·t not important a ~- . . are subject to estate ax. . . located in the Philippines I II and 111 only · C. I a. I only d I 11 111 and IV b. I and II only . ' ' ' 16. Which is no~ a test of shituds?bt in case of accounts receivable. a Residence oft e e or . . f t ks b. Place of storage in case of certificates o s oc . . c.· Location of depository bank in ca~e of bank deposit d. Place of exercise in·case of _copyright. 17. One of the following is not an intangible personal property situated in the Philippines: _ . a. Shares, obligations or bonds issued by any corpor~~10~ or sociedad anonima organized or constituted in the Ph1llppmes in accordance with its law; . b. Shares, obligations or bonds issued by any foreign corporation 85% of the business of which is located in the Philippines; c. . Shares, obligaUons or bonds issueo by any·foreign corporation if such shares, obligations or bonds have acquired business situs in the Philippines; · , d. corporation. Shares, _obligations or bonds issued IJy a non-resident foreign 18. Which of the folloWing statements is correct? _ . a. The estate tax accrues f h · d the accrual of the ta . · a~ t e dea,th of the decedent an . same. · x is diSbnct from the obligation to pay th e b. Estate taxation is governed b , . e th the return is filed . · Y e statute in force at the tirn c. Both "a" and "b" d. Neither "a" nor "b'' ? 7,1 19_ Which of Philippinei: a. Franct Philip~ b. Share whose c. Bond 1 reside d. Forei~ 20. Pedro die common the PhilipI Common in the stc share. ·P referred stock exc par value Car (cm P400,00C Real pro1 The gros a. P-817 b. P81E Use the folio 21 . Followin! values: House ; Bank d bank Bank d◄ Shares (ce1 Franc~i Receive 19. Which of the following item is considered situated outside the Philippines? a. Franchise in the name of the decedent which is exercised in the Philippines b. Share of stock holdings. of decedent in a foreign corporation whose business fs 90% done in the Philippines c. Bond certificate issued by a domestic corporation owned by ? nonresident decedent · d. Foreign currency deposited in bank outside the Philippines 20. Pedro died on April 13, 2021, leaving the following properties: Common stocks of Sunchamp Corporation (2,000 shares) - listed in the Philippine Stock Exchange (highest - P40; lowest- P39). Common stocks of AgriNurture Corporation (1,500 shares) - not listed in the stock exchange. Cost - PS0 per share; book value - P45 per share. · · · · Preferred stocks of Greenergy .Inc. (3,000 shares) - not listed in the stock exchange. Cost - P70 per share; book value - P60 per share; par value - _P50 per share Car (cost - P600,000; book value - P350,000; market value P400,000) . . Real properties (zonal value - P120,000; assessed value - P72,000) The gross estate of Pedro is a. P-817,500 C. P-824,QQQ b. P-816,500 · d. P-846,500 Use the following data for the next two (2) questions 21. Following are properties in the gross estate with their fair market values: · · 1,500,000 House and lot, family home in Quezon City 500,000 Bank deposit in the foreign branch of a domestic bank Bank deposit in Makati branch of a foreign bank 300,000 Shares of stock issued by a domestic corporation - 1,000,000 (certificate kept in Canada) 800,000 Franchise exercised in Manila 200,000 Receivable, debtor from Mindanao 75 . l::- rcrc,:us Cllf/LV . . .1 . 1 . E...,-fidt• ~ ' fl~ . d there is rec1proc1ty, propert non.resident a/Jen an Y If the decedefnt wag~oss estate Is valued a~2 300,000 . excluded rom c. ' 000 a. P2,800,000 d. P2,000, b P2,600,000 . . . · . . . and there 1s no rec1proc1ty, the -resident a1,en 22 If the decedent V'as non . · gross estate is valued at. c. P3,500,000 . a. P4,300,000 d p3 200,000 .b. P3,800,000 . . ' . in Hawaii during his lifetime, left 23. A Filipino decedent residing following properties: P10,000,000 House and lot, USA 50,000,000 Mansion, Philippines 2,000,000 cars, Philippines · 5,000,000 Shares of stock, Singapore . ·3,000,000 Accounts receivable, USA The gross estate of the deceden.t is · . a. P?0,000,000 . b. P67,000,000 - I the c. P65,000,000 d. P62,000,000 Use the following data for the next two (2) questions The gross estate of a decedent included the following: · Cost Land and building, Philippin~s P1,600,'000 House ·and lot, UK 1,800,000 Personal prop.erties, UK 1,000,000 House and lot, Philippines .4,000,000 Shares of stocks, UK corp. Shares of stocks, domestic corp. (certificate kept in UK) Shares . of stocks, domestic corp. (certificate kept in Phils.) Franchise exercised in the Phils.' Franchise exercised in UK . Receivables, debtor is from UK Receivables, debtor is from Phils. Fair value P2,000,000 1,500,000 600,000 3,500,000 200,000 250,000 76 b. F Valuation of E! 26. When the p the tax shal a. Fair b. Fair the c. Fair d. Cm 27. As a rule, t fair market case of do1 the fair maI a. ThE ass b. Nel c. Ac< d. Issi 28. Which of U a. Fai b. Fai c. Zo1 rec d. Bo · ex, 100,000 200',000 150,000 50 ,000 50,000 24. If_!h~ decedent was a nonresid ·. . . F1l1p1no . citizen from estate tax e~t ahen and his colJntry exempts a subject to reciprocity? ' ow much of .his assets would be a. P1 ,000,000 c. P6oo,ooo b. Paoo,ooo , d. P3SO,ooo 25. If the decec reciprocity, t a. F 29. The follow a deceden 1. Va lhE leg 11. Re pril a. I or b. II 0 1 25. If the decedent was a nonresident alien and assuming there is no reciprocity, how much is the gross estate? · . · a. P10,700,000 c. P6,100,000 b. P6,600,000 d. PS,850,000 Valuation of Estate 26. When the property is donated in contemplation of death, the basis of the tax shall be · a. Fair market value at the time of donation b. Fair market value in the hands of the .donor before the time of the donation. c. Fair market value at the time of death of-the donor d. Cost when the property was acquired 27. As a rule, the basis of valuation of property in the gross estate is the fair market :,.,alue prevailing at the time of decedent's death. In the case of domestic shares of stock not traded thru the stock exchange, · · the fair market value is . a. The value appearing in the schedule of fixed values from the assessor's office b. Net realizable value c. Acquisition cost d. Issuer's book value. 28. Which a. b. c. of the following value is not used when valuing gross estate? Fair market value at the ~ime of death~ 1 Fair market v~lue at the time the estate return is filed; Zonal value when higher ·than the assessed value in case of real property; · d. Book value in case of shares not traded in the stock · exchange. 29. The following statements pertain to rules on valu\ng the estate left by a decedent. Select the incorrect statement. I. Values in the gross estate are based ·on values at the time of the decedent's death because it is at this time that the heir legally succeeds to the inheritance. II. Receivable are appraised on the . basis of the amount of. the principal and interests due and unpaid at the time. of death: a. I only c. Both I and II . b. ti only d. Neither I nor II 77 \. I I c~ cerd,e.5 - ~---~ Es&ue, ~ - land. The following data were available i , A decedent left a piece of n 30 connection with the properfY(1.) onth before death P2,500,0oo Assessed valued, one m 2,000 ooo zonal value, time affil~eath tate tax return 3,000:000 1 FMV at the time of ,ng es What would be the value of the piece of land in the gross estate? P3 ooo ooo c. p2,ooo,ooo . ~: P : ; d. cannot be determined 2 500 000 Use the following data for the next four (4) questions: · A decedent left 1,000 XYZ Corporation com~on shares. The shares were not traded in the stock exchange. The followrng data were made available· Capital stock, XYZ Corporation P10,000,000 · Retained earnings 2,000,000 Outstanding shares 100,000 31. What was the value included the decedent's gross estate? a. P100,000 c. P150,000 b. P120,000 d. PO 32. Assume that the shares were 1 •ri d was the value included the dece~asf' ,e as preference shares, what a. P100 ooo en s. gross estate? b. P120,000 c. P150,000 ' d. PO ?? As ""· sume that the shares were traded . . . ~~rther ~at the average value ·at th in te stock exchange. Assume a:. P1hoaotowas the value included t~e dime of death was P100 per • , 00 ecedent's g t ? b. P110,000 c. P120,000 ross esta e. -> d. P150,000 34. Assume that the sh . . the quoted price ar~s were traded in the . Nonetheless, the hi\ .the time of deathstock exchange. However, market were P140 a~/st and lowest quot ·. was not determinable. the decedent's gross es~~O, respectively w~1ons of the shares in the ~- P100,ooo a e? ' at Was the value included . P110,ooo c. P120,ooo d. P1so,ooo .,,.. 35. Oeceden1 owned b) his death after 2 y market v estate in thereon What we a. F b. F INCLUSION Decedent's 36. Decede I. 11. a. b. 37. Which citizen a. b. C. d. Transfer i 38. Transf I. 11. ciy-ter Eercise., ~ Es&d& 'l~ 35, Decedent died in 2020 leaving a will which directed all real estate owned by him not to be disposed or sold for a period of 2 years after his death, and ordered that the property be given to Juan Dela Cru~ after 2 years. In 2020, the estate left by the decedent had a fair market value of P500,000. In 2022, the fair market value o_ f the said estate increased by P4,500,000 and the BIR Commissioner assessed thereon estate tax based on assessed value of P4,000,000 in 2020. What would be the correct amount of the gross estate? a. P5,0Q0,000 c. P4,500,000 b. P4,000,000 d. P500,000 re e: INCLUSIONS IN THE GROSS ESTATE Decedent's Interest 36. Decedent's Interest I. Refers to the extent of equity or ownership participation of the decedent ·on any property physically existing and present in the gross estate, whether in his possession, control or dominion. II. Refers to the value of any interest, having value or capable of being valued or transferred, in property owned or possessed by the decedent at the time of his death. a. I only c. Both I and II b. II only d. Neither I nor II r 37. Which of the following is not to be included in the gross estate of citizen decedent? a. Dividend income declared, but not yet actually received at date of death b. Share in partnership's profit earned immediately after date of death · · c. Rent income accrued before death but collected after ·death d. None of the abo~e Transfer in Contemplation of Death 38. Transfer in contemplation of de~th I. Contemplates a situation where the transferor during his lifetime, transfers property in contemplation of or intended to take effect in possession or enjoyment at or after his death. II. Includes situations where the transferor retains. for life the possession or enjoyment, or the right to the income from 'the property, or the right to designate the person who shall possess or enjoy the property or the income therefrom. . 79 \ cfter E{oz·/a"' f-.,/,1/, I,~• d ath the deced ,nt n J ~ fme of the ·decedenth'spr~perty form part of hi..,, gr~ 1 . 111 _ At the . arty I but sue owned the prop ' poses. tate tor estate tax pur All of the above a. ~~nly ~: None of the ab V.., b. I and II only , 11 ·ng is correct? . f 1h j 39. Which among the ,o ow1 'es which at the time o ~ e c ecea ,n t 1. There may be. propert, tate because they were tran fermo by death are not ,n the es him during his lifetime. ur oses of the estate tax, may t,X ,G<; The gross esta te, for P . ts at the time of his death a ·t , the actual value of his asse . b h' d , includes the value of transfers of property Y 1 U~~9 hi~ lifetime that partake of the nature of testamentary d1 po.;:i1tioni. I only c, Both I and II · ~: 11 only d. Neither I nor 11 11. P m, 40. Which of the following shall be included in the gros e. tat<; of a decedent? I. Transfer of property in favor of another p.e rson, but th e tran fer was intended to take effect only upon the transferor' death, II. Transfer by gift intended to take effect at death, or after death, or ~nder which the donor reserved the income or the right to designate the persons who should enjoy the income. Ill. Transfer with retention or reservation of certa in righ ts. The de~dent had. transferred his property during hi lifetime, but r~tained for. h1~self beneficial enjoyment of the thing or the right to receive income from the same a. I and II only c. All of th. b b. II and Ill only d. None ott~e :~eove , 44, All IJf th8· t , b, d, 41. The following are deemed transfer . . a. While still alive, the deC:dn contemplation of death , except donation will take effect at th e7_t donat~d property where the b. The decedent transte ed e ime of his death. the business ope,auot a property in the regular cour e of C. The deced . . ent donated · ~~/she will enjoy the fruits ~,Property with the condition that d. de etiecedent transferred a such While still alive a · Property to take effect after his/hef' 4 ,'ft1 r ,A -~- ~~ marke ah e eath nr;re F the 1al e of · a. P1 , b, P25 I 80 tr . ofter ier@e, 42. Transfers in contemplation of death: Consideration received · Land P1,500,000 Shares· of stock 100,000 Vint~ge car 50,000 Painting 250,000 FMV upon fMV upon death transfer P2,000,000 P1,500,000 150,000 50,000 100,000 80,000 500,000 400,000 · The correct gross estate should be a. P120,000 c. P350,000 b. P300,000 d. P400,000 Transfer with r~servation of rights and revocable Transfers 43. An agreement created by· will or an agreement under which title to property is passed to· another for conservation or investment with the income therefrom and ultimately . the corpus to be distributed in• accordance with the directives of the creator as expresseq in the governing instrument a .. Estate c. Fiduciary b.- Trust d. Beneficiary 44. All of the following statements are true, except a. In a revpcable transfer, the decedent during his lifetime may revoke, alter, amend, ·or terminate the terms of enjoyment or ownership of the property. b. A revocable transfer is always includible in the gross estate of the decedent-transferor. . c. The power of the decedent-transferor to revoke terms may be exercised just once. d. A revocable transfer shall be included in the gross estate of the decedent-transferor even though the power to revoke was not exercised. 45. A revocable transfer was made for a consideration of P100,000. Fair · market values of the·property at the time of tran~fers and at the time of death were P250,000 and P300,000, respectively._In the gross estate, the value of the property was a. P100,000 · c. P200,000 b. P250,000 . d. Exempt 81 cfw· qercise.< Estate, 4(1' . . . r of appointment nder general powe . Transfer u t regarding transfer under general 46 Which of the following state~e~r!nsfer under special power of . power of appointment an . appointment is correct? · sons involved under this rule; the I. There are .three per f ee and the second transferee. The transferor, the first trans er 't . i is the deceden . . • first tran~ e~ee d b tt-le transferor to the first transferee to 11. If auth~nty is grante ~ho upon the latter's death, would next determine th e p~rsont,he p'roperty transferred, his. authority possess or enJoy · t t emanates from a general power of appo1n men. . Ill. If the transferor himself had determined beforehand who upon th d ath of the first transferee, would next possess or enjoy th! ;roperty, then the authority o~ the first transferee emanated from a special power of appointment. a. I and II only c. All of the above b. II and Ill only d. None of the above 47. Which is wrong? a. A power of appo'intment is the right to designate the person or persons who shall succeed to the property of a prior .decedent. b. A special power of appointment authorized the donor of the power to appoint only from among a designated class or group of persons including himself. c. The done-decedent of a special power of appointment only holds the property in trust,. hence, the property shall not form part of the done-decedent's gross estate. d. None of the above 49. The power of i through .the foll I. By will II. By dee his dea Ill. By dee not as1 period a. I only b. II only Transfer for lnsu1 50. Which a. b. c. of the fc Transf1 Transf1 Transf1 money d. Transf1 51. In determining · by a decedent yourself, wast I. II. 48. Which of the following statements is not true? If yes, the, the consid1 If no, ther .. et'ermmin• a. I only b. II only 1d a. A general power of appointment authorizes the donee of the Proceeds of life i1 0 b. ~ ;:~!~a~P~~:!:: perso~ to possess or enjoy the property. power the owner of theapf0 1;tmen_t makes the donee of the c. A power of appo· t ~ p rty. . d. The appointed ~~om:nt ,s not ?lways general. appointment is not i~c~d·bfs~ing under a general power of 1 e in the gross estate of the donee· decedent. ° 82 I .52. Proceeds of lif1 a. lnsurar b. Amoun admini: by the i c. Amoun insuran d. Procee employ o'J,"'· Et_e,-we,s - £<W--e, T'k': 49 , The power of appointment may be exercised by the donor-decedent through the following modes I. By will II. By deed to take effect in possession or enjoyment at or after his death. Ill. By deed under which he has retained for his life or any ·period not ascertainable without reference to his death or for ~ny period which does not in fact end before his death. a. I only c. I and II only b. II only d. I, II and Ill Transfer for Insufficient Consideration 50. Which a. b. c. of the following transfer is not included in the gross estate? Transfer with reservation of certain rights Transfer for insufficient consideration Transfer for an adeql:late full consideration in money or money's worth · d. Transfer ·in contemplation of death 51. In determining whether the value of a property transferred onerously by a decedent during his lifetime should be included 1n his estate, ask yourself, was the considera.tion insufficient? · · I. II. If yes, then add the excess of the FMV at the time of death_over the consideration received. 1It 110, then it was a bona fide sale. Exclude the property in determining the decedent's gross estate. a. I only , c. Both I and II b. 11 only d. Neither I nor II Proceeds of life insurance .52. Proceeds of life insurance includible in the taxable gross estate a. Insurance.proceeds from SSS or GSIS b. Amount receivable OY any beneficiary other than the estate administrator or executor, irrevocably designated in the policy by the insured , , c. Amount receivaQle by any beneficiary designated in the insurance policy d. Proceeds of group insurance taken out by a ·company for its employees. 83 - ~ /"'{,;t{'I· l Lz ·c✓ -l·,:,,: \· (j /l} . 16rtc: ?:, · It t te of the deceased , his executor 53. Amounts receivable ~y t : n : :nder policy taken by the administrator as _an msu decE:de: upon his own life ,s: ross estate. . . a. Excl~ded from th e 9 t hether the beneficiary 1s revocable . b. Part of the gross esta e w Or 57. Ms. Balo, Sp( Transport), n P9 irrevocable. t ·t the beneficiary is revocable. c. Part of the gross esttaat: the beneficiary is irrevocable. d. Part·of the gross es :f . P1 I . ) . . ot included in the gross estate? here the consideration is not sufficient a. Revocable trans fer wwhere the power of revocation was not b. Revocable trans er P4 exercised fi · d · Proceeds of life insurance ~he~e _the bene ic1ary es1gnated is c. the estate and the designation 1s irrevocable . . d. Proceeds of life insurance wher~ ~he benebfi1c1ary designated is 1 the mother and the designation 1s 1rrevoca e. The 54. Which of the following isf n 'J ) a. P90 55. Proceeds of life insurance where the beneficiary of the decedent is not his estate, executor or administrator is a. Part of gross income if the beneficiary is revocable b. P~rt of gross income regardless of whether the beneficiary is revocable or irrevocable c. Not part of gross estate if the beneficiary is irrevocable d. Part of gross estate regardless of whether the beneficiary is revocable or irrevocable 56. Proceeds of life insurance to the extent of the amount receivable by I · the estate of the deceased, his executor or administrator policies taken out by .the decedent upon his own life shall be under b. P1,: Claims against 58 . Which of th, persons? a. The . liabi b. The esta c. The accc d. Clai who I. 11. 111. ·IV. Part ~f the gross estate irrespective of whether the insured retained the power of revocation Not part of the gr~ss estate if the beneficiary is irrevocable. Part of the gross income if the designation of the beneficiary is revocable ~ot part 0 ~ th e gross income irrespe.ctive of whether insured retained the power of revocation a. I and II b. I and 111 C. I and IV d. only I 84 11,e 59. Which i co I. In d b 11. It cc t m I on b. II r 1 ,d11 /,, 57. Ms. Balo, s Transport), r f ti P P P1 . 00,000 P400,000 dt: nt wh di . d In b 00 br k n d wn · f< Frorn H 1b 1n Ir A II Ins t n rt 191, tin I r fl ,I t ((. I' Id nt (Hon trot : · I omp1: r Y· J · nt ry. f! rom W I ng H inrmun n uro In ur 1nc d dont mp ny t :1 k n ut by th Irr vo ablo d ign ting hi . wlf A b n -flcl ry. Fr m H rur t Tr n port omp ny (own · r ( cld nt) whor th bus Inv lved In th s ttl ment w m d - out Id • court proce ding . The gross estate of the deced nt h II Include a. P900,000 c. P2, 100,000 b. P1 ,200,000 d. P2,500 ,000 Claims against insolvent persons 58. Which of the following is not true regarding a cl aim against insolvent persons? a. The decedent's claim is deductible in full because the debtor's · liabilities exceed his remaining assets. b. The decedent's claim must be included in full in the gross estate. , c. The decedent's claim which cannot be collected is deductible according to the ratio of the debtor's assets to his liabilities. d. Claim against insolvent person is a claim against person whose assets are not sufficient to pay his liabilities. 59 . Which is correct? I. 11. In a claim against insolvent person, the insolvency of the debtor must be proven and not merely alleged. 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 . c. Both I Ind II d. Neithe I nor 11 a. I only b. II only 85 _/' {l'/• l. ~ {'(:/'l •/ ,f(' ,,\ {J/t/1) · · ., . • I he income of th e ·s included In l i/11 I(' 0 ,..I._, . f(C' . !' lb 1, 60. Which of the follqwlng , e of a decea ed person durln decedent? · lved by the estat ttlement of the e tale. g a. lncom~ ~~~ administration orhse pprai sed value placed upon . L . .' ' f / b r:c~:;1oof selling pr!~ee ~~e~e~t~,awhere the pro perty wa so1u . the property at the t1 h state. tter the settlement oft e 0f operty passed to the executor or a . . · the value o pr · c. Apprec1at1on in on death of decedent. . administrator up . kind to legatee or dev1see. d. Dei'ivery of property ,n . . I et t t of a decedent 1s a claim against aP~OO 000. The insolvent debtor can an insolvent person amo~ntmg o ' , still pay P100,000 out of the P500,000. . 61 . One of the items in the gro~s .. . d d . nd deducted from the gross estate? How much will be ,nclu e in a Deduction Gross estate p 100 000 C. P100,000 P500,000 P500,000 ' P100,000 P400,000 d. None None a. 2) b. • • ft~ alien d ~ c a. W'r del b. Pa re" de c, Pr de th, d. PE de m 65. Which of a. M di SC b. tv' is c. 8 d. EXCLUSIONS FROM THE GROSS ESTATE ·1or1 64 , n ~ I ' 62. The following are transactions exempt from transfer tax except: a. Transmission from the first heir or donee in favor of another · beneficiary in accordance with the des_ire of the predecessor b. transmission or delivery of the inheritance or legacy by the · fiduciary heir or legatee to the fideicommissary. c. The merger of usufruct in the owner of the naked title. d. All bequest, devices, legacies, or transfers to social welfare, cultural and charitable ,institutions · 66 . Which c ?!PPOintrr k E ii ( 11. r '63. Wfhhich of th e f~llowing exempt transmissions will still require inclusion 0 I t e property in the gross estate? 111. a. Merger of the usufruct in the owner the naked t ·t·1 . b Legacy to a h ·t bl . I e, . expen d'd c an a e institutioris whose ., administrative T ses. I not exceed 30% of the legacy· c. ransfer from a first heir t ' decedent; · , 0 a second heir C:lesignated by the d. Death benefits under the GSIS and · 86 GS.IS. a. I b. I (· . G1 f ,y- E ,·er.-i,c· Es6th 7,L, 64. One of the following is included in the gross estate of a nonresident alien decedent: a. Wholly un~llectible claims against a debtor who absconded , debt_or resides outside the Philippines. b. Partially collectible claims against an insolvent person who resides in Manila the country of the nonresident alien decedent does not impose transfer taxes of any kind. c. Proceeds of life insurance of the decedent where the decedent's estate was designated as irrevocable beneficiary, the policy was procured in Manila. d. Pe·rsonal property .situated in the Philippines donated by ·the decedent before he died to a son on account of the son's marriage. 65. Which of the following is a transfer in contemplation of death? a. Mhalapit Nha has been fighting for his life since he · was diagnosed to have a terminal illness. Accepting his fate , he sought the assistance of Atty. Lho Yer, and made his will. b. Mr.· Matibay celebrated his 101 st birthday. Feeling that death is not far, he transferred all his properties to Pedro and Juan. c. Both "a" and "b" d. Neither "a" nor "b" 66 . Which of the following is a transfer under special power of ?IPPOintment? k II. Ill. Earl transfers his property in trust for his son, Gabry and then in -trust for anybody whom Gabry may, by will, appoint or designate. Mr. Byahero frequently travels due to the nature of his profession. He thinks that he is not spared from meeting accidents considering the rampant occurrence of accidents these days. He decided to execute his last will and testament appointing his properties to his children. Georgia designated his special friend , E. Garcia as beneficiary of an insurance which he took upon his own life. c. All of th~ above d. None of the above a. 1·only b. II only 87 ~ · · ns Administrative Prov1s10 · . •tuations an estate tax return is requ· 67. Under which of the follo~1~gL:~? . Ir~ to be filed under the !RA ·subject to estate tax. a. Transfers which _a;e of registered or registra_ b le properties for b. The estate consis ~ m the BIR is required as a ·condition which a clearance ro h' . precedent for the transfer of owners ip. . c. · Both "a" and "b" d. Neither "a" nor "b" 68. Who shall file the estate tax return? . a. Executor, or administrator, or any of the legal heirs b., Creditors of the decedent c. Personal secretary of the decedent d. Debtors of the decedent 69. Statement 1: The estate· tax imposed under the Tax ·Code shall be paid by the executor or administrator before . the delivery of the distributive share in the inheritance to any heir'or beneficiary. Statement 2: The executor or administrator of an .estate has the prim~ry obl!ga~i?n to pay_the estate tax but the heir or beneficiary has s~bs!d,~ry l!ab11lty for paying that portion of the estate corresponding to . hrs d1strrbut1ve share in the value of the total net estate. · a. Statements 1 and 2 are false · ·· ·b. Statement 1 is true but statement 2 is false c. Statement 1 is false but statement 2 is true d. Statements 1 and 2 are true 70. Statement 1: The Commis· . . authorized by him pursuant t~ioner or any of the Reve~ue Officer th e tax code shall have the authority to grant, in meritorious case thirty (30) days for filing the s;et:r~~asonable ext~nsion not exceeding Statement 2: The application for . tax retu:n must be filed with-the Rth e extens,0n of time to file the estate secure its TIN and file tax r t DO where the estate is required to a. Statements 1 and ; urn of the estate. b. Statement 1 i t are false· s rue but stat Sta c. tement 1 is false b ernent 2 is false d. Statements 1 and 2 ut staterner:it 2 is true . are true Deduction~ To compute that can be ded Code . .RR 12-2 Code, as .amenI estate to arrive determining the Deductions · 1. Ordina11 2. Special 3. Share o· Beginning Ja1 allowable deduc1 TABLE 3~1. SUM OED A. Ordinary Deduc 1. LIT e (Los: Taxes, etc 2. Vanishing 3. Transfer f( 8. Special Deduct 1. Standard I 2. Family Ho 3. RA491 7 C. Share of the Su For married de1 *** Total LITe x 88 (GJ