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TESTAMENTARY DISTRIBUTION OF NET ESTATE SUCCESSOR LEGITIME 1. Legitime , children or descendants 1/2 2. Illegitimate, children alone 1/2 3. Legitimate children (LC), natural children (NC), & Illegitimate children (IC) LC = 1/2 NC= 1/2 of one LC IC= 1/2 of one LC 4. One legitimate child and surviving spouse LC= 1/2 SS=1/4 5. Two or more legitimate children & surviving spouse SS= legitime of one LC 6. Illegitimate children and surviving spo
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  TESTAMENTARY DISTRIBUTION OF NET ESTATE SUCCESSOR LEGITIME 1.   Legitime , children or descendants 1/2 2.   Illegitimate, children alone 1/2 3.   Legitimate children (LC), natural children (NC), & Illegitimate children (IC) LC = 1/2  NC= 1/2 of one LC IC= 1/2 of one LC 4.   One legitimate child and surviving spouse LC= 1/2 SS=1/4 5.   Two or more legitimate children & surviving spouse SS= legitime of one LC 6.   Illegitimate children and surviving spouse LC = 1/3 SS= 1/3 7.   Two or more legitimate children, illegitimate children & surviving spouse LC = 1/2 IC= 1/2 of one LC (not to exceed free portion) SS= Same as one LC 8.   Parents or ascendants alone 1/2 9.   Surviving spouse alone 1/2 or 1/3 10.   Ascendants & surviving spouse Ascendant = 1/2 SS= 1/4 11.   Ascendants, Surviving spouse & Illegitimate children AS = 1/2 SS = 1/8 IC = 1/4  DEDUCTIONS ALLOWED FROM GROSS ESTATE GROSS ESTATE RESIDENT/CITIZEN WITHIN AND WITHOUT NONRESIDENT ALIEN WITHIN ONLY DEDUCTIONS: I.   ORDINARY DEDUCTIONS A.   Expenses, losses, indebtness, taxes, etc. (ELITE) 1.   Funeral expenses 2.   Judicial expenses 3.   Claims against the estate 4.   Claims against insolvent person 5.   Unpaid property mortgage 6.   Unpaid taxes before death 7.   Casualty losses Yes Philippine Gross Estate x World ELITE World Gross Estate B.   Transfers for public use Yes Yes C.   Vanishing Deductions Yes Yes II.   SPECIAL DEDUCTIONS A.   Standard Deduction Yes No B.   Family Home Yes No C.   Medical Expenses Yes No D.   Amount received by heirs under R.A. 4917 Yes No III.   SHARE OF SURVIVING SPOUSE IN THE NET CONJUGAL/ COMMUNITY ESTATE (50%) (if the decedent is married) Yes Yes  SIMILARITIES BETWEEN CONJUGAL PARTNERSHIP OF GAINS AND ABSOLUTE COMMUNITY OF PROPERTIES PROPERTY CONJUGAL PARTNERSHIP ABSOLUTE COMMUNITY 1.   Property inherited or received as donation during marriage Exclusive Property Exclusive Property 2.   Property acquired during marriage (other than inheritance or donation) Conjugal Property Community Property 3.   Property acquired from labor industry work or profession of the spouses   Conjugal Property Community Property 4.   Fruits or income due or derived during the marriage coming from common property Conjugal Property Community Property DIFFERENCES BETWEEN CONJUGAL PARTNERSHIP OF GAINS AND ABSOLUTE COMMUNITY OF PROPERTIES PROPERTY CONJUGAL PARTNERSHIP ABSOLUTE COMMUNITY 1.   Property before the marriage or brought to the marriage Exclusive Property Community Property 2.   Fruits or income due or received during the marriage coming from exclusive property Conjugal Property Exclusive Property  NET DISTRIBUTABLE ESTATE VS. NET TAXABLE ESTATE NET DISTRIBUTABLE ESTATE NET TAXABLE ESTATE Properties: 1.   Proceeds of life insurance a.   With irrevocable beneficiary included excluded b.   Group Insurance included excluded 2.   Benefits from c.   SSS or GSIS included excluded d.   Government war benefits included excluded 3.   Reportable but nontaxable e.   Receivable included excluded f.   Transfer for public use included excluded 4.   Prepaid memorial plan excluded included Deductions: 1.   Ordinary Expenses a.   Unpaid funeral expenses Deductible full amount Limited deduction b.   Paid funeral expenses Nondeductible Limited deduction c.   Legitimate obligation but no proper documentations Deductible Nondeductible d.   Vanishing Deductions Nondeductible Deductible 2.   Special Deductions a.   Standard Deduction Nondeductible Deductible b.   Family home Nondeductible Deductible c.   Unpaid medical expenses Deductible full amount Limited deduction d.   Paid medical expenses Nondeductible Limited deduction 3.   Estate Tax Deductible Nondeductible
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