estate tax problems

TRANSFER TAXATION/ESTATE TAX

PROBLEMS:

I. X, a Filipino residing in Pateros, Metro Manila, died a widower on December 20, 2008, leaving the following properties to his children who lived with him.

1) A parcel of land in New York …………………………P2,000,000.00

2) A house and lot in Pateros, Metro Manila …….. 1,800,000.00

3) Claim against an insolvent person ………………… 50,000.00

4) Cash in bank (current account) …………………….. 100,000.00

5) Proceeds of life insurance where he named

his only son, Y, as irrevocable beneficiary……… 200,000.00

6) Shares of stock in a foreign corporation with

Office in New York ……………………………………….. 900,000.00

7) Car in New York …………………………………………… 250,000.00

Total ………………………………………………….. P5,300,000.00

The deductions claimed are as follows:

1) Funeral expenses ……………………………………………. P 250,000.00

2) Medical expenses ……………………………………………P 550,000.00

3) Judicial expenses ……………………………………………. 35,000.00

4) Claims against estate ……………………………………… 72,500.00

5) Claims against an insolvent person ………………… 50,000.00

6) Real Property tax for 2009 …………………………….. 10,000.00

7) Family Home ………………………………………………….P1,000,000.00

Total ……………………………………………….P1,967,500.00

Required:

Compute the net estate and the estate tax due and payable.

II. X, a Filipino residing in Boac, Marinduque, where he worked as branch manager of a bank, married to Y, died intestate (without a will) on January 15, 2009 leaving properties which consist of the following:

1) House and lot (conjugal partnership property) located in Quezon city acquired during marriage ………………………………….P2,000,000.00

2) Household furniture and appliances …………………. 380,000.00

3) Lot located in the province acquired before

Marriage ………………………………………………………….. 900,000.00

4) Improvements on lot described in No. 3 built before

Marriage …………………………………………………………. 1,300,000.00

5) 1,000 shares of stock in a corporation having a

Far market value of P24 per share at the time of

X’s death ………………………………………………………… 240,000.00

6) Retirement benefits received by heirs form X’s

Employer (under R.A. No. 4917) ……………………. 700,000.00

Total …………………………………………………… P5,520,000.00

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Claimed as deductions by the heirs who settled he estate extrajudicially are the following:

Funeral expenses …………………………………………. P 90,000.00

Medical expenses incurred on January

2-5, 2008 ………………………………………….. 200,000.00

Judicial expenses ……………………………………….. 100,000.00

Unpaid mortgage n house and lot (family home)

In Quezon City …………………………………. 830,000.00

Losses from fire on June 30, 2009 of improvements

In No. 4 above (not compensated for by

Insurance or otherwise …………………… 500,000.00

Losses from flood on July 30, 2009 of household

Furnitures and appliances ( also not compensated

For by insurance or otherwise) ………… 50,000.00

Family home …………………………………………….. 1,000,000.00

Total ………………………………………………. P2,270,000.00

===============

Required:

Compute the estate tax due and payable.

III. X, a Japanese residing in Tokyo, Japan, died leaving the following properties:

Properties located in the Philippines P 500,000.00

Properties located in Japan 1,000,000.00

Total gross estate within and outside

Of the Philippines P1,500,000.00

============

His administrator in the Philippines claimed the following deductions:

Expenses for cremation P 10,000.00

Cost of urn containing his ashes 5,000.00

Judicial expenses in connection with properties

In the Philippines 20,000.00

Indebtedness incurred in the Philippines 85,000.00

Total P120,000.00

===========

Required:

Compute the net estate subject to Philippine estate tax and the estate tax due and payable.

assignments:

Tax.

Read pages 1 to 6 of reviewer and pages 54 to 61. please prepare for recitation and quiz

sales

Read de leon book up to article 1544. sales agency and bailment. prepare for recitation

insurance claim

again an old letter i discovered from my old files. it illustrates the frustration of an insured against an insurance company who refuses to pay his rightful claim....

TO: UCPB Gen.

Dear Sir:

I would like to reiterate my appeal regarding the uncalled for multiple deductions you are claiming from me.

As stated in my affidavit, my insured vehicle is a victim of unwarranted and senseless vandalism, hooliganism and theft which happened right in front of our residence. I happened to park it unattended because my residence is a mixed residential-commercial establishment situated in front of the public market and I simply do not have a private garage. All I know is that my vehicle was in excellent condition when I left it but it was not so when I saw it again. Those damages and losses resulted from one incident, I repeat, ONE INCIDENT and as far as our insurance policy is concerned, only one deduction is charged for one incident. You also mentioned that it is your policy when it comes to damaged unattended vehicles to make one deduction per panel. But isn’t it a fact that vandals do what they do because they are vandals and therefore do not care about aesthetics nor symmetry or the fact that they inflict damage on only one panel or two or three. I cannot explain what went inside the minds of the vandals and hooligans to do such a thing to my vehicle for who could explain the intricacies of the human mind or at least those of the evil kind. If I could explain what happened I would have been in jail right now for killing those animals. Fortunately I don’t know them and I hope I never will.

I also became a victim twice over because it has been a month since I submitted my requirements and it is only this week that I received your evaluation report ( and an unfavorable one at that) simply because your company lost my submitted requirements, which I only learned after burning the telephone lines and spending so much money on long distance calls following up on my papers which were inexistent as far as your company is concerned. When I have to resubmit my papers, I knew that I was being screwed again.

My past insurance record speaks for itself. This said vehicle has been insured for the last 5 years (4 years with your firm) and I have not made any single claim from the insurer simply because I am a careful and prudent driver.

I have been victimized twice now. Don’t make me a victim thrice over. And please don't make me call you again!!!

Very truly yours

insured

ps. after this incendiary letter. blogger's claim was approved pronto.

adieu

i just accidentally unearthed an old file.. brought back old memories. from pao to private.

Dear Sir:

I would like to tender my resignation effective January 31, 2005. My stint in the Public Attorney’s Office, though on the short side, was filled with learning and self fulfillment. It was here where I learned the practical and living facet of the legal profession, where the law not only served as the sword for the oppressed and violated but also the shield and armor for the innocents.

I would surely miss the office, attendant pressures and all, especially the times I counseled and mediated warring parties and was able to make them realize that conflicts can be turned into common interests, that sometimes the swiftest way to get legal justice is thru the extra-judicial path, that to compromise is to accept less than what is due them but gain more in the long run. I was proud that although I was still growing my wings, you shoved me from my nest of contentment and let me fly on my own with the eagles of our profession.

But it was not all rosy, I was frustrated that I could not give everyone of my client the best defense available to them mainly because I, and I am very sure everyone in PAO feels the same, do not have the luxury of time to dig deeper in each of their cases lest I forsake the others. It was also difficult to juggle time between my business and my profession, and I couldn’t sacrifice neither.

My fault is that I cared too much, that I wasn’t able to acquire the needed degree of callousness as to let go when one is losing, as to forget when one needs to, as to move on when one has to.

Again, thank you very much. I am about to embark on a new journey. Wish me luck. I am confident that I’d be leaving the office a better person than when I came in, with my head unbowed and comforted with the fact that I did not bring dishonor to the office nor my profession but was able to make a difference to the lives of our clients.

Very truly yours,

Public Defender