TITLE III — ESTATE AND DONOR’S TAXES
arising, existing, exercised or relinquished before or after the effectivity of
this Code.
(G)
Transfers for Insufficient Consideration. — If any one of the transfers,
trusts, interests, rights or powers enumerated and described in
Subsections (B), (C) and (D) of this Section is made, created, exercised
or relinquished for a consideration in money or money’s worth, but is
not a bona fide sale for an adequate and full consideration in money or
money’s worth, there shall be included in the gross estate only the excess
of the fair market value, at the time of death, of the property otherwise
to be included on account of such transaction, over the value of the
consideration received therefor by the decedent.
(H)
Capital of the Surviving Spouse. — The capital of the surviving spouse
of a decedent shall not, for the purpose of this Chapter, be deemed a part
of his or her gross estate.
SEC. 86. Computation of Net Estate.39 — For the purpose of the tax imposed in
this Chapter, the value of the net estate shall be determined:
(A)
Deductions Allowed to the Estate of a Citizen or a Resident.40 — In the
case of a citizen or resident of the Philippines, by deducting from the value
of the gross estate —
(1) Standard Deduction. — An amount equivalent to Five million pesos
(P5,000,000).41
(2) For claims against the estate: Provided, That at the time the
indebtedness was incurred the debt instrument was duly notarized
and, if the loan was contracted within three (3) years before the
death of the decedent, the administrator or executor shall submit a
statement showing the disposition of the proceeds of the loan;
(3) For claims of the deceased against insolvent persons where the value
of decedent’s interest therein is included in the value of the gross
estate; and
(4) For unpaid mortgages upon, or any indebtedness in respect
to, property where the value of decedent’s interest therein,
undiminished by such mortgage or indebtedness, is included in the
39
As amended by Section 23 of the TRAIN Law. Section 86(D) (Miscellaneous Provisions) was
removed.
40
As amended by Section 23 of the TRAIN Law. Specific deductions for actual funeral expenses,
judicial expenses of the testamentary of intestate proceedings and medical expenses were
removed.
41
102
As amended by Section 23 of the TRAIN Law. Previous threshold was P1,000,000.
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