This refer to a tax imposed on the transfer without consideration of
property between two or more persons who are living at the time the transfer is made. A. Gift tax B. Donors tax C. Donees tax D. None of the above 2. Which is not a characteristic of a Donors tax A. Transfer tax B. Excise tax C. Gift tax D. Business tax 3. For donors tax purposes, who of the following is considered as a stranger? A. Father-in-law B. Brother C. Grandfather D. Spouse 4. Which of the following is not subject to Philippine donors tax? A. Donations mortis causa B. Donation which will take upon the birth of the donee C. A creditor who, out of his affection, cancelled the debt of the debtor D. A parcel of land in USA donated by nonresident Filipino to a foreigner 5. One of the following gifts is subject to donors tax. A. Gift to foreign government B. Revocable donations
C. Gift to Philippine government
D. Donation in contemplation of death 6. The condition and legal know-how of the donor to enter into valid contract is called A. Capacity of the donor B. Acceptance of the donor C. Capacity of the donee D. Donative intent 7. Which of the following is subject to donors tax? A. Donation mortis causa B. Transfer of inheritance to his successors C. Gift to a stranger D. Donation by a suitor which was not accepted by the beneficiary 8. Which one of the following is not an essential element of taxable gift? A. Capacity of the donor B. Intent to make a gift C. Delivery and acceptance of the gift D. Capacity of the donee 9. The donation to this person is valid A. Unborn child B. Spouse C. Donor D. None 10. Which of the following may constitute taxable donation? A. Compromises and settlements
B. General renunciation of inheritance
C. Cancellation of stockholders indebtedness by the corporation D. Payments made to dissatisfied heir who has no legally enforceable rights 11. The first procedure to compute the donors tax is to determine the A. Gross gifts B. Net gifts C. Donors tax D. Donors residency and nationality
TOPICS FOR DISCUSSIONS
1. FREE TRANSFER FOR LOVE AND AFFECTION 2. CANCELLATION OF INDEBTEDNESS 3. RENUNCIATION OF INHERITANCE 4. FORMULA OF DONORS TAX 4. WHAT IS GROSS GIFT?
5. COMPOSITION OF GROSS GIFTS:
Tangible Personal Properties Intangible Personal Properties Real Properties
Resident or Citizen Donor
Regardless of location Regardless of location Regardless of location
RULE OF RECIPROCITY:
Non-Resident Alien Donor
Situated only in the Philippines Subject to the rule of reciprocity Situated only in the Philippines
a. When there is reciprocity The intangible personal properties
situated in the Philippines given as gifts by a non-resident alien donor are not subject to donors tax. b. When there is no reciprocity The intangible personal properties situated in the Philippines given as gifts by a non-resident alien donor are subject to donors tax. 6. DEDUCTIONS A. DOWRIES (SINNGE); H&W B. DONATIONS TO THE NATIONAL GOVERNMENT C. CHARITABLE, RELIGIOUS, NGOS (ChaReNg 30% LIMIT) D. ASSUMED ENCUMBRANCE E. DIMINUTION
exceptions to the rule that the penalty shall substitute the indemnity for damages and the payment of interests in case of non-compliance with the principal obligation. They are first, when there is a stipulation to the contrary; second, when the obligor is sued for refusal to pay the agreed penalty; and third, when the obligor is guilty of fraud
THE CITY OF DAVAO, REPRESENTED BY THE CITY TREASURER OF DAVAO CITY, Petitioner, v.THE INTESTATE ESTATE OF AMADO S. DALISAY, REPRESENTED BY SPECIAL ADMINISTRATOR ATTY. NICASIO B. PADERNA, Respondent.