ReSA PB Flashcards
Under absolute community of property, which of the following is a community property?
*Property inherited by the surviving spouse during the marriage
*Property bought during the marriage using the salary of the decedent earned before marriage
*Personal belongings (e.g. clothes, shoes, etc.) bought during the marriage for the exclusive use of the decedent
*Jewelry inherited by the decedent during the marriage
Property bought during the marriage using the salary of the decedent earned before marriage
Which of the following will not be included in the gross estate of a resident alien decedent.
*Land located outside the Philippines donated inter vivos to his son
*Intangible personal property located in the Philippines, his country does not tax intangibles situated in his country owned by Filipinos who are not resident therein
*Proceeds of life insurance where the beneficiary is the estate irrevocably designated
*Claims against a person who absconded, wholly uncollectible
Land located outside the Philippines donated inter vivos to his son
Which of the following is not subject to the rule of reciprocity?
*Shares in a Philippine domestic corporation owned by a nonresident alien decedent
*Investment in stock in a US corporation 80% of the business of which is in the Philippines owned by a non-resident alien decedent
*Investment in bonds in a US corporation that have acquired business
situs in the Philippines owned by a non-resident alien decedent
*Share in a Philippine partnership owned by a nonresident alien
decedent
Investment in stock in a US corporation 80% of the business of which is in the Philippines owned by a non-resident alien decedent
Shares, obligations or bonds issued by any foreign corporation 85% of the business of which is located in the Philippines
A married decedent had the following real properties among other properties left:
>Vacation house, Baguio (exclusive property of decedent) P5,250,000
>Beach house, Batangas (conjugal property) 4,000,000
>Residential house and lot, Manila (conjugal property) 6,000,000
>Farm house, Masbate (exclusive property of surviving spouse) 3,000,000
The decedent resided in Manila as certified by the Barangay Captain in the locality where his residential house and lot were located. For estate tax purposes, the amount of property to be included in his gross estate and the deduction for family home would be: Gross estate and Family home deduction
*P18,250,000; P10,000,000
*P18,250,000; P 6,000,000
*P15,250,000; P 6,000,000
*P15,250,000; P 3,000,000
P15,250,000; P 3,000,000
Which of the following is not a remedy against indirect double taxation?
*Vanishing deduction
*Tax credit for foreign estate tax
*Exemption from transfer tax of merger of usufruct in the owner of the naked title
*Transfer for public use
Tax credit for foreign estate tax
When is a certified copy of the schedule of partition and the order of the court ordering the same filed?
*Within 2 months after decedent’s death
*Within 6 months after decedent’s death
*Within 30 days after decedent’s death
*Within 30 days after the promulgation of such order
Within 30 days after the promulgation of such order
Properties acquired by gratuitous title during the marriage are generally classified as:
I – Conjugal properties under conjugal partnership of gains
II – Community properties under absolute community of properties
*Only I is correct;
*Only II is correct;
*Both I and II are correct
*Both I and II are incorrect.
Both I and II are incorrect.
Mr. J. Cruz transferred P200,000 mortis causa to a religious organization. During the year, the total expenses of the religious organization was P5,000,000, 30% of which was for administration. How much of the transferred amount would be exempt for estate tax purposes?
*Zero
*P100,000
*P10,000
*P200,000
Zero
All bequest, devises, legacies or transfers to social welfare, cultural and charitable institutions, no part of the net income of which inures to the benefit of any individual: Provided, however, that not more than 30% of the said bequest, devises, legacies or transfers shall be used by such institutions for administration purposes.
A resident decedent, single and head of family, left the following:
>Personal properties, outside the Philippines P10,000,000
>Real properties, Philippines (excluding family home valued at P10,500,000) 12,000,000
>Deductions claimed (including actual funeral expenses of P200,000, and medical expenses of P600,000) 1,900,000
How much was the taxable net estate?
*P31,400,000
*P21,500,000
*P26,500,000
*P16,500,000
P16,500,000
Gross estate (10,000,000 + 10,500,000 + 12,000,000) P32,500,000
Less: Ordinary deductions (1,900,000 – P800,000) 1,100,000
Estate after ordinary deductions 31,400,000
Less: Special deductions
Standard deductions (5,000,000)
Family home deduction (10,000,000)
Net taxable estate P16,500,000
A resident citizen died on September 3, 2020. An administrator was appointed on September 15, 2020. The inventory taking of the decedent’s properties was completed on October 10, 2020. To avoid penalties, the estate tax return shall be filed on or before:
*September 3, 2021
*October 10,2021
*September 15,2021
*April 15, 2022
September 3, 2021
Which of the following donations will be taxable in the Philippines.
*Donation of real property located outside the Philippines made by a nonresident alien donor
*Donation of intangibles situated in the Philippines made by a nonresident alien donor when there is reciprocity
*Donation of tangible personal property situated in the Philippines made by a nonresident alien donor when there is reciprocity
*Donation to the National Government for public use
Donation of tangible personal property situated in the Philippines made by a nonresident alien donor when there is reciprocity
Donato donated a conjugal property to his son with the consent of his wife on account of the son’s forthcoming marriage. The value of the donation was P1,000,000. Unpaid mortgage on the property was P300,000 and unpaid real estate tax was P100,000 which were assumed by the donee. The total deductions of Donato were:
*P200,000
*P300,000
*P210,000
*P310,000
P200,000
One of the following is not an important factor when computing the taxable net gifts and the gift tax payable:
*Residence of the donor
*Citizenship of the donor
*Blood relationship between the donor and the donee
*The legal capacity of the donor
Blood relationship between the donor and the donee
John sold his car to his brother Samuel. The sold car had a cost of P500,000. It was sold for P300,000 at the time when its fair market value was P400,000. For donor’s tax purposes, which of the following statements is CORRECT?
*The sale was not subject to donor’s tax because it was sold at a loss
*There was a deemed gift of P200,000
*There was a deemed gift of P100,000
*The transfer involved a personal property, hence, not subject to donor’s tax
There was a deemed gift of P100,000
Is notice of donation required to be given to the Revenue District Office?
*Yes, on every donation regardless of the amount *Yes, when the donor is engaged in business and the amount of donation is at least P50,000
*No, notice of donation is not required
*Yes, when the property donated is real property
Yes, when the donor is engaged in business and the amount of donation is at least P50,000
Which of the following donations inter vivos may not require that it be made in writing?
*Donation of personal (movable) property, the value of which exceeds P5,000
*Donation of personal (movable) property, the value of which is P5,000
*Donation of real (immovable) property, the value of which is less than P5,000
*Donation of real (immovable) property, the value of which exceeds
P5,000
Donation of personal (movable) property, the value of which is P5,000
Art. 748. The donation of a movable may be made orally or in writing.
An oral donation requires simultaneous delivery of the thing or of the document representing the right donated.
If the value of the personal property donated exceeds five thousand pesos, the donation and acceptance shall be made in writing. Otherwise, the donation shall be void.
One of the following is not a distinction between donation inter vivos and donation mortis causa.
*Donation inter vivos takes effect during the lifetime of the grantor while donation mortis causa takes effect after the death of the grantor.
*Donation inter vivos is subject to donor’s tax while donation mortis causa is subject to estate tax.
*Donation inter vivos requires a public document while donation mortis causa may not require a public document.
*Donation inter vivos is valued at fair market value at the time the property is given while donation mortis causa is valued at the fair market value at the time of the death of the grantor.
Donation inter vivos requires a public document while donation mortis causa may not require a public document.
Article 748, Civil Code of the Philippines
Article 749, Civil Code of the Philippines
Motivated by love, Mr. D donated a car to his brothers, Mr. E and Mr. F, the naked title to Mr. E and usufruct to Mr. F for one year. Is the transfer of the car, naked title to Mr. E and usufruct to Mr. F a valid donation?
*Yes the transfer of the naked title to E and usufruct to F is a valid donation, provided all the donees are living at the time of donation.
*No, the donation is not valid because it is specifically provided in
the Civil Code that such donation is not allowed.
*Yes the donation is valid provided that Mr. E agrees to the donation of usufruct to Mr. F.
*No, the donation is not valid because a right (usufruct) cannot be donated.
Yes the transfer of the naked title to E and usufruct to F is a valid donation, provided all the donees are living at the time of donation.
Article 756, Civil Code of the Philippines
Donor’s tax is:
*a property tax.
*a business tax.
*a personal tax.
*an excise tax.
an excise tax.
As a general rule, when is the donation completed?
*The moment the donor knows of the acceptance by the donee
*The moment the thing donated is delivered, either actually or constructively, to the donee
*Upon payment of the donor’s tax
*Upon execution of the deed of donation
The moment the donor knows of the acceptance by the donee
One of the following taxes had been replaced by VAT:
*Advance sales tax
*Tax on life insurance premiums
*Common carrier’s tax on transport of passengers
*Franchise tax on electric, water and gas utilities
Advance sales tax
One of the following is a zero-rated sale.
*Export of a person who is VAT registered
*Sale of non-food agricultural products
*Sale of gold to Bangko Sentral ng Pilipinas
*Sale of cotton and cotton seeds
Export of a person who is VAT registered
Which of the following is allowed to claim presumptive input tax?
*Processor of canned fruits
*Miller of refined sugar not for his account
*Miller of refined sugar for his own account
*Public works contractor with respect to private sector contracts
Miller of refined sugar for his own account
A VAT-registered seller sold goods to Asian Development Bank. It failed to get an approved zero-rating from the BIR. As a consequence of the failure to the get the approval:
*The sale should be exempt from VAT
*The sale should be subject to 10% VAT
*The sale shall be subject to 0% VAT
*The sale shall not be subject to any business tax
The sale shall be subject to 0% VAT
Which
TAX First Pre-Board Exam
of the following will give rise to a creditable input tax?
*Importation of goods for sale, VAT on importation is still unpaid
*Purchase of services, bill still unpaid
*VAT on cash purchase of raw materials from VAT-exempt supplier who issued VAT invoice
*Purchase of supplies from a VAT-registered supplier who issued non-
VAT invoice
VAT on cash purchase of raw materials from VAT-exempt supplier who issued VAT invoice
To avoid penalties, the quarterly VAT return shall be filed:
*on or before the 30th day after the end of the quarter.
*on or before the 25th day after the end of the quarter.
*on or before the 20th day after the end of the quarter.
*on or before the 15th day after the end of the quarter.
on or before the 25th day after the end of the quarter.
The beginning inventory of a taxpayer who started a business which he registered under the VAT system in the year 2020 follows:
>VAT-subject beginning inventory, at cost P5,000,000
>VAT-subject beginning inventory, net realizable value 7,000,000
>VAT-exempt beginning inventory, at cost 8,000,000
>VAT-exempt beginning inventory, at net realizable value 6,000,000
>Actual VAT paid 600,000
The allowable transitional input tax in 2020 is:
*P600,000.
*P220,000.
*P300,000.
*None, not allowed transitional input tax.
P600,000
Transitional input tax (11,000,000 x 2%) P220,000
Value added tax paid P600,000
Transitional input tax P600,000
One of the following is not subject to VAT on importation:
*Goods brought into the Philippines in the course of trade or business by a VAT-registered person
*Goods brought into the Philippines not in the course of trade or
business by a person who is not VAT-registered
*Tax-free goods acquired by person who is not exempt from the tax on
importation from persons who are exempt from tax on importation
*Goods exempt from customs duties classified as personal and household effects belonging to residents of the Philippines returning from
abroad
Goods exempt from customs duties classified as personal and household effects belonging to residents of the Philippines returning from
abroad