Aapc Syllabus Tax 2 Transfer Tax
Aapc Syllabus Tax 2 Transfer Tax
Aapc Syllabus Tax 2 Transfer Tax
Taxation Law II
Polytechnic University of the Philippines College of Law
Prepared by: Arlan P. Cruz
a. Basic Concepts
Transfers of property; Modes of Acquiring Ownership
(Article 712, Civil Code[CC]);
Death (Article 42, CC);
Succession (Article 774, 777, CC);
Decedent/Testator (Article 775, CC);
Inheritance (Article 776, CC);
b. Nature, Object, Purpose;
c. Classification of Decedent (Sections 84, 104, NIRC, as
amended);
d. Gross Estate vs. Net Estate (Sections 84, 86 in relation to
104 of the NIRC, as amended by TRAIN);
e. Determination of Gross and Net Estate (Ibid.);
Inclusions in a gross estate (Section 85, NIRC, as
amended);
1. Transfers in Contemplation of Death;
a. Roces vs. Posadas, G.R. No. L-34397, March 13,
1933;
b. Dison vs. Posadas, G.R. No. L-36770, November 4,
1932;
2. Revocable Transfers;
3. Property Passing under a General Power of
Appointment;
4. Proceeds of Life Insurance;
5. Capital of Surviving Spouse;
6. Transfer for Insufficient Consideration;
Exclusions from the gross estate (Section 87, NIRC, as
amended, Article 863, CC);
Deductions in the gross estate (Section 86, NIRC, as
amended, Section 23, TRAIN);
a. Citizens or Residents;
b. Non-Resident Aliens;
Valuation of property for purposes of estate tax (Section
88(B), NIRC, as amended);
1. Lorenzo vs. Posadas, G.R. No. L-43082, June 18, 1937
Estate Tax Returns; Requirements; When filed; Period of
filing (Section 90, NIRC, as amended by Section 25,
TRAIN);
Estate Tax Payment; Period to pay; extension of time to
pay; installment payments; Who are primarily and
secondarily liable? (Section 91, NIRC, as amended by
Section 26, TRAIN);
Payment of Tax before delivery of property may be
allowed by probate court (Section 94, NIRC, as amended
in relation to Rule 89, Section 1, Rules of Court);
1. Marcos II vs. Court of Appeals, G.R. No. 120880, June
5, 1997;
Payment of Tax before transfer of shares, bonds, rights;
withdrawal of money deposits of decedent on the bank
by beneficiaries (Section 97, NIRC, as amended by
Section 28, TRAIN);