Session 2: Income Tax Instructions: Read Each Question Carefully. in Your Answers, Follow The Sequence and The Numbering
Session 2: Income Tax Instructions: Read Each Question Carefully. in Your Answers, Follow The Sequence and The Numbering
Session 2: Income Tax Instructions: Read Each Question Carefully. in Your Answers, Follow The Sequence and The Numbering
Instructions: Read each question carefully. In your answers, follow the sequence and the numbering
system used in the Questionnaire. Your answers should demonstrate your ability to analyze the facts,
apply the pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Always support
your answers with the pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without
any corresponding explanation or discussion may not be given full credit. Answer as if you are answering
the bar exam.
ANS:
II. Hopeful Corporation obtained a loan from Generous Bank and executed a mortgage on its real
property to secure the loan. When Hopeful Corporation failed to pay the loan, Generous Bank
extrajudicially foreclosed the mortgage on the property and acquired the same as the highest bidder. A
month after the foreclosure, Hopeful Corporation exercised its right of redemption and was able to
redeem the property. Is Generous Bank liable to pay capital gains tax as a result of the foreclosure sale?
Explain.
ANS:
III. Noel Santos is a very bright computer science graduate. He was hired by Hewlett Packard. To entice
him to accept the offer for employment, he was offered the arrangement that part of is compensation
would be an insurance policy with a face value of P20 Million. The parents of Noel are made the
beneficiaries of the insurance policy.
a. Will the proceeds of the insurance form part of the income of the parents of Noel and be subject
to income tax? Reason briefly.
ANS:
b. Can the company deduct from its gross income the amount of the premium? Briefly.
ANS:
ANS:
V. Mr. H decided to sell the house and lot wherein he and his family have lived for the past 10 years,
hoping to buy and move to a new house and lot closer to his children's school. Concerned about the
capital gains tax that will be due on the sale of their house, Mr. H approaches you as a friend for advice
if it is possible for the sale of their house to be exempted from capital gains tax and the conditions they
must comply with to avail themselves of said exemption. How will you respond?
ANS: