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DONOR’S TAX THEORIES:

1. Exempted from donor’s taxation are gifts made

(A) For the use of the barangay.


(B) In consideration of marriage.
(C) To a school which is a stock corporation.
(D) To a for-profit government corporation.

Ans: A

2.

Statement I: The donor’s tax payable on the present donation includes the previous donations

made during the current year.

Statement II: It is not proper to add the prior net gifts during the current year because the taxes

paid on these donations will just be credited from the donor’s tax computed.

Statement III: The tax rates in the tax table for donor’s tax are relatively lower than the tax rates

in the tax table for estate tax.

Statement IV: The highest tax rate on donor’s tax is higher than the tax rate on estate tax.

Choose the best answer:

a. Statements 1 and 2 are false.


b. Statements 1, 2 and 4 are false.
c. Statements 3 and 4 are correct.
d. Statement 2 is false.

Answer: B. Statements 1, 2 and 4 are false.

3. Donor’s tax as distinguished from Estate Tax.

First statement: The rates for donor’s tax due are lower than those for estate tax, in all cases.
Second Statement: In donor’s tax, the exemption is 200,000 while in estate tax it is P100,000

a. Both are correct


b. Both are wrong
c. Only the first statement is correct
d. Only the second statement is correct
4. If the gift is made in property, what is the valuation to be used as a basis for taxation?
a. Zonal value or market value per tax declaration, whichever is lower
b. Zonal value or market value per tax declaration, whichever is higher
c. Fair market value at the time of delivery or at the time of perfection, whichever is higher
d. Fair market value at the time of the delivery or at the time of perfection, whichever is lower

Answer: B

5. Ailla went to Scagfop Beach Resort and was given a prize of P 99,000 for being its 999th guest. Is
the prize subject to Donor’s tax? Income tax?

Donor’s Tax Income Tax

a. Yes Yes

b. No Yes

c. Yes No

d. No No

Answer: B

6. All of the following except one are exempt from gift tax under special laws:
a. Donation to Integrated Bar of the Philippines.
b. Donation to Development Academy of the Philippines.
c. Donation to Philippine Institute of Certified Public Accountants.
d. Donation to International Rice Research Institute.

ANSWER: C

7. Given the following statements:


I. A donation by a non-resident alien of shares of stocks issued by a domestic
corporation is subject to donor’s tax if such shares have acquired business situs in the
philippines.
II. A donation by a resident alien of shares of stocks of a foreign corporation will only
be subject to donor’s tax if at least 85% of the business of such corporation is located
in the philippines.
III. A donation by a non-resident alien of bonds issued by a foreign corporation is subject
to donor’s tax it being 90% of the business of such foreign corporation is situated in
the philippines.
IV. A donation by a non-resident alien of a franchise will be subject to donor’s tax in the
philippines even if such intangible is being used outside the philippines.
Which of the following statements above is/are correct
a. A. Statements I and III c. Statements III and IV
b. B. Statements II and IV d. Statements I and IV

Answer: c

EXPLANATION:

NON-RESIDENT ALIENS AND RESIDENT ALIENS ARE SUBJECT TO DONOR’S TAX


ON DONATED PROPERTIES REGARDLESS OF LOCATION.

8. When the donee or beneficiary is a stranger, the tax payable by the donor shall be:
a. 30% of the gross gifts
b. 30% of the net gifts
c. based on the graduated rates with the first P100,000 net gift exempt
d. based on the graduated rates with the first P100,000 net gift exempt or 30% of the net gifts
whichever is higher

Answer: B

9. Which of the following donations shall be subject to donor’s tax?


a. Donations to parish church
b. Donations of a foreign corporation of its own shares of stocks to a resident employee in the
Philippines
c. Donation to an alumni association
d. Sale of capital asset for less than adequate and full consideration

Answer: C

10. Which of the following statements is false? The gross gift of a non-resident alien:
A. will include all intangible personal properties regardless of location
B. will include all intangible personal properties situated in the Philippines
C. with reciprocity will not include all intangible personal properties regardless of location
D. without reciprocity will not include all intangible personal properties situated outside the
Philippines

Answer: A

11. First Statement: A separate return shall be filed by each donor for each gift or donation made on
different dates during the year reflecting therein any previous net gifts made in the same calendar
year.
Second Statement: Only one return shall be filed for several gift or donations by a donor of the
different donees on the same date.

a. True, False c. True, True


b. False, False d. False, True
Answer: C
Reference: BIR Form No. 1800

12. One of the following statements is not true. Which is it? If on any one date there is a donation by
one donor to a donee who is not a stranger together with a donation to a donee who is a stranger:
a. There will be two separate donor’s tax return because the donor’s tax on the donation to a
non-stranger is at graduated rates while the donor’s tax on the donation to a stranger is at
the flat rate of 30%.
b. There will be one donor’s tax return only, where the donor’s tax at graduated rates on the
donation to a non-stranger will be shown together with the donor’s tax at the flat rate of
30% on the donation to a stranger, the total being the donor’s tax to pay.
c. If there were previous donations to strangers during the year, the prior net gifts to
strangers need not be added anymore in the computation of aggregate net gifts, donor’s
tax on aggregate net gifts and donor’s tax due on the donations to strangers.
d. A donation on account of marriage, before the marriage, by a parent to a son and
daughter-in-law shall be considered as donations to a non-stranger and stranger.

13. Statement 1: All persons who may contract and dispose of their property may make a donation
Statement 2: The person who disposes of the thing or right is called the donee while the one who
accepts it is the donor

a. Both statements are TRUE


b. Both statements are FALSE
c. Only the first statement is TRUE
d. Only the second statement is TRUE

ANSWER: C

14. The following donations were made:


Donation 1: Mr. Papa Sa, a citizen of Malaysia and resident of Kuala Lumpur, gave a gift check of
100,000 ringgit to a future daughter-in-law who was to be married to his son in the Philippines.
Donation 2: Kami Corporation, a multi-national corporation not doing business in the Philippines,
donated one hundred shares of stock to Mr. Song, its supervisor in the Philippines.
a. Both donations were subject to Philippine donor’s tax.
b. Both donations were not subject to Philippine donor’s tax.
c. Only the first donation was subject to Philippine donor’s tax.
d. Only the second donations was subject to Philippine donor’s tax.

15. 1st statement: Animo Dodandi is a requisite of a valid donation.


2nd statement: An in officious donation is voidable.
a. If only the first statement is correct
b. If only the second statement is correct
c. If both statement are correct
d. if both statement are incorrect

16. When is the donation completed?

a. The moment the donor knows of the acceptance by the donee

b. The moment the thing donated is delivered, either actually or constructively, to the done

c. Upon payment of the donor's tax

d. Upon execution of the deed of donation

17. Statement 1: A donated real property cannot be registered in the name of the donee unless the
donor’s tax thereon had already been paid.
Statement 2: In case of a deficiency donor’s tax the donee shall be required o pay the tax if the
property is alread y in his possession
A. Only the first statement is true
B. Only the first stament is false
C. Both statements are true
D. Both statements are false
Answer: A

18. Which of the following statements is false?

A. Shares, obligations or bonds by any foreign corporation 75% of the business of which is located
in the Philippines is considered as gift
B. The donor’s tax is imposed on the transfer by any person, resident or nonresident, of property by
gift
C. The taxable base is the fair market value of the total net gifts made by a donor during the calendar
year.
D. Shares, obligations or bonds issued by any corporation or sociedad anonima organized or
constituted in the Philippines is considered as gift
Answer: A

19. Which statement is false about Vanishing Deductions?


a. It pertains to a property presently found in gross estate.
b. The property must be previously subjected to a transfer tax or income tax
c. The property was received by the decedent within 5 years prior to his death.
d. The property must be located in the Philippines.

Answer: B
20. Statement 1: Renunciation of one's share in the legitime is a taxable gift.
Statement 2: Gift spliting is a form of tax evasion.
A. Only the first statement is correct
B. Only the second statement is correct
C. Both statements are correct
D. Both statements are incorrect

Answer: D

21. Which of the following donations is valid:


a. Donations of a spouse to a stepchild who has no compulsory heirs other than the other spouse at
the time of donation.
b. Donations to the priest who heard the confession of the donor during his last illness.
c. Donations made to conceived and unborn children accepted by persons who would legally
represent them if they were already born.
d. Donations of a spouse to a common adopted child who has no other surviving heirs.

Answer: C

22. Which of the following constitutes a taxable gift?


A. Creditor's gratuitous discharge of a debtor obligation
B. One day rent-free use of another's property
C. A gratuitous transfer by an incompetent
D. An agreement to make a future transfer which is not supported by a consideration

Answer: A

23. There is no donation when


a. A person gives to another a thing or right on account of the latter's merits
b. A person gives to another a thing or right on account of the services rendered by him to the
donor provided they do not constitute a demandable debt
c. A person gives to another a thing or right on account of the services rendered by him to the
donor constituting a demandable debt
d. The gift imposes upon the donee a burden which is less than the value of the given thing

Answer: C