TITLE III — ESTATE AND DONOR’S TAXES
death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death; and
Twenty percent (20%) of the value, if the prior decedent died more
than four (4) years but not more than five (5) years prior to the
death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death.
These deductions shall be allowed only where a donor’s tax or estate
tax imposed under this Title was finally determined and paid by
or on behalf of such donor, or the estate of such prior decedent, as
the case may be, and only in the amount finally determined as the
value of such property in determining the value of the gift, or the
gross estate of such prior decedent, and only to the extent that the
value of such property is included in the decedent’s gross estate, and
only if in determining the value of the estate of the prior decedent,
no deduction was allowable under paragraph (2) in respect of the
property or properties given in exchange therefor. Where a deduction
was allowed of any mortgage or other lien in determining the donor’s
tax, or the estate tax of the prior decedent, which was paid in whole
or in part prior to the decedent’s death, then the deduction allowable
under said Subsection shall be reduced by the amount so paid. Such
deduction allowable shall be reduced by an amount which bears the
same ratio to the amounts allowed as deductions under paragraphs
(1) and (3) of this Subsection as the amount otherwise deductible
under said paragraph (2) bears to the value of the decedent’s estate.
Where the property referred to consists of two or more items, the
aggregate value of such items shall be used for the purpose of
computing the deduction.
(6) Transfers for Public Use. — The amount of all bequests, legacies,
devises or transfers to or for the use of the Government of the
Republic of the Philippines, or any political subdivision thereof, for
exclusively public purposes.
(7) The Family Home. — An amount equivalent to the current fair
market value of the decedent’s family home: Provided, however,
That if the said current fair market value exceeds Ten million pesos
(P10,000,000),42 the excess shall be subject to estate tax. As a sine
qua non condition for the exemption or deduction, said family
home must have been the decedent’s family home as certified by the
barangay captain of the locality.
42
104
As amended by Section 23 of the TRAIN Law. Previous threshold was P1,000,000.
Isla Lipana & Co., the Philippine member firm of the PwC network
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