TITLE III — ESTATE AND DONOR’S TAXES
Sec. 59-60
considered as made for an adequate and full consideration in money or money’s
worth.52
SEC. 101. Exemption of Certain Gifts. — The following gifts or donations shall
be exempt from the tax provided for in this Chapter:
(A)
In the Case of Gifts Made by a Resident.53 —
(1) Gifts made to or for the use of the National Government or any entity
created by any of its agencies which is not conducted for profit, or to
any political subdivision of the said Government; and
(2) Gifts in favor of an educational and/or charitable, religious, cultural
or social welfare corporation, institution, accredited nongovernment
organization, trust or philantropic organization or research
institution or organization: Provided, however, That not more than
thirty percent (30%) of said gifts shall be used by such donee for
administration purposes. For the purpose of this exemption, a
‘non-profit educational and/or charitable corporation, institution,
accredited nongovernment organization, trust or philanthropic
organization and/or research institution or organization’ is a school,
college or university and/or charitable corporation, accredited
nongovernment organization, trust or philanthropic organization
and/or research institution or organization, incorporated as a
nonstock entity, paying no dividends, governed by trustees who
receive no compensation, and devoting all its income, whether
students’ fees or gifts, donations, subsidies or other forms of
philanthropy, to the accomplishment and promotion of the purposes
enumerated in its Articles of Incorporation.
(B)
In the Case of Gifts Made by a Nonresident not a Citizen of the
Philippines. —
(1) Gifts made to or for the use of the National Government or any entity
created by any of its agencies which is not conducted for profit, or to
any political subdivision of the said Government.
(2) Gifts in favor of an educational and/or charitable, religious, cultural
or social welfare corporation, institution, foundation, trust or
philanthropic organization or research institution or organization:
Provided, however, That not more than thirty percent (30%) of said
gifts shall be used by such donee for administration purposes.
52
Introduced by Section 29 of the TRAIN Law.
53
As amended by Section 30 of the TRAIN Law. Dowries or gifts made on account of marriage
were removed.
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
113
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