Title II — TAX ON INCOME
(C)
In the case of a trust administered in a foreign country, the deductions
mentioned in Subsections (A) and (B) of this Section shall not be allowed:
Provided, That the amount of any income included in the return of said
trust shall not be included in computing the income of the beneficiaries.
[SEC. 62. Exemption Allowed to Estates and Trusts.]34
SEC. 63. Revocable Trusts. — Where at any time the power to revest in the
grantor title to any part of the corpus of the trust is vested (1) in the grantor
either alone or in conjunction with any person not having substantial adverse
interest in the disposition of such part of the corpus or the income therefrom, or
(2) in any person not having a substantial adverse interest in the disposition of
such part of the corpus or the income therefrom, the income of such part of the
trust shall be included in computing the taxable income of the grantor.
SEC. 64. Income for Benefit of Grantor. —
(A)
Where any part of the income of a trust (1) is, or in the discretion of the
grantor or of any person not having a substantial adverse interest in the
disposition of such part of the income may be held or accumulated for
future distribution to the grantor; or (2) may, or in the discretion of the
grantor or of any person not having a substantial adverse interest in the
disposition of such part of the income, be distributed to the grantor; or
(3) is, or in the discretion of the grantor or of any person not having a
substantial adverse interest in the disposition of such part of the income
may be applied to the payment of premiums upon policies of insurance
on the life of the grantor, such part of the income of the trust shall be
included in computing the taxable income of the grantor.
(B)
As used in this Section, the term ‘in the discretion of the grantor’ means
in the discretion of the grantor, either alone or in conjunction with any
person not having a substantial adverse interest in the disposition of the
part of the income in question.
SEC. 65. Fiduciary Returns. — Guardians, trustees, executors, administrators,
receivers, conservators and all persons or corporations, acting in any fiduciary
capacity, shall render, in duplicate, a return of the income of the person, trust
or estate for whom or which they act, and be subject to all the provisions of this
Title, which apply to individuals in case such person, estate or trust has a gross
income of Twenty thousand pesos (P20,000) or over during the taxable year.
Such fiduciary or person filing the return for him or it, shall take oath that he
has sufficient knowledge of the affairs of such person, trust or estate to enable
him to make such return and that the same is, to the best of his knowledge and
34
88
Repealed by Section 19 of the TRAIN Law.
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