TITLE III — ESTATE AND DONOR’S TAXES
Forty percent (40%) of the value, if the prior decedent died more
than three (3) years but not more than four (4) 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; 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 is 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 that part of the decedent’s gross estate which
at the time of his death is situated in the Philippines; and only if,
in determining the value of the net estate of the prior decedent, no
deduction is allowable under paragraph (2) of Subsection (B) of this
Section, 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 paragraph 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 paragraph (2)
bears to the value of that part of the decedent’s gross estate which
at the time of his death is situated in the Philippines. Where the
property referred to consist of two (2) or more items, the aggregate
value of such items shall be used for the purpose of computing the
deduction.
(4) 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.
(C)
106
Share in the Conjugal Property. — The net share of the surviving spouse
in the conjugal partnership property as diminished by the obligations
properly chargeable to such property shall, for the purpose of this Section,
be deducted from the net estate of the decedent.
Isla Lipana & Co., the Philippine member firm of the PwC network
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