Title
Amendment on Inheritance and Gift Tax Rates
Law
Republic Act No. 83
Decision Date
Oct 29, 1946
The Amendments to C.A. No. 466 Re: Inheritance and Gift Taxes introduces changes to inheritance and gift tax rates, exemptions, and payment deadlines in the Philippines.
A

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  • Repealed paragraph (4) of subsection (a) of section 89 of Commonwealth Act No. 466.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%.
  • 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.

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