Repeal of Specific Provision
- Repealed paragraph (4) of subsection (a) of section 89 of Commonwealth Act No. 466.
Gift Tax Rates Payable by Donee
- Imposes gift tax on the donee based on aggregate net gifts received over the years.
- Tax rates depend on the beneficiary’s relationship to the donor, mirroring inheritance tax increments:
- Spouse, legitimate/recognized natural/adopted children, legitimate descendants/ascendants, adopter parents, recognized natural parent, or gifts for educational/charitable purposes:
- Graduated rates from 1% to 8.5%, with exemption of gifts not exceeding PHP 3,000 for Filipino donees.
- Brothers or sisters and their descendants: Rates increased by 75%.
- Other relatives within the sixth degree: Rates increased by 150%.
- Relatives by affinity except spouse: Rates increased by 225%.
- Strangers: Rates increased by 400%.
- Spouse, legitimate/recognized natural/adopted children, legitimate descendants/ascendants, adopter parents, recognized natural parent, or gifts for educational/charitable purposes:
- Special provisions for domestic servants and trusted employees.
- Gifts for public charitable purposes are taxed at the stranger’s rate.
- Tax base adjusted for usufructuary interests or annuities.
Gift Tax Exemptions
- For residents:
- Dowries or marriage gifts up to PHP 10,000 from parents to legitimate/recognized/adopted children before or within one year after marriage.
- Gifts to persons other than spouses and legitimate/recognized/adopted children, exempt up to PHP 1,000 or 5% of donor's prior year net income, capped at PHP 5,000.
- Gifts to or for the use of the National Government or its non-profit entities, including political subdivisions.
- For nonresident non-citizens:
- Gifts to or for the use of the National Government or its non-profit entities.
Time of Payment of Gift Taxes
- Gift tax is due and payable on or before May 15 following the close of the calendar year.
- Payment responsibility lies with donor or donee depending on circumstances.
- Payment made to Collector of Internal Revenue or local treasurer according to residency.
Definitions and Scope of Taxation
- "Gross estate" and "gift" include:
- Real estate and tangible personal property located in the Philippines.
- Franchises exercised in the Philippines.
- Shares, bonds, obligations in Philippine corporations and foreign corporations with 85% business in the Philippines.
- Shares or rights in Philippine partnerships, businesses, or industries.
- Intangible personal property of residents regardless of location.
- Exemption from tax on intangible personal property for residents of foreign countries that do not impose similar taxes on Philippine citizens.
- "Deficiency" defined as the amount by which taxes exceed those declared in tax returns, adjusted for prior assessments, abatements, or refunds.
Implementation Date
- The amendments take effect on October 1, 1946.