CHAPTER 6 DISCUSSION QUESTIONS

1. a. Yes. The fact that there are two successors to the property does not affect the taxability of the transfer. Since Helena exercised her right to transfer the property, it is subject to tax. The merger of the usufruct into the naked title is not subject to estate tax. The presumption here is that there is only one transfer of property, i.e. from Helena to anina and ultimately the transfer of usufruct to !iana. Thus, for purposes of the law, the merger is not considered as another transfer. "o, the property subject of merger is limited only to the house being the only subject of succession. #ll fruits that ha$e accumulated belongs to anina, she being the usufructuary.

b.

c.

%.

Yes. #lthough there is merger of the usufruct in the ownership of naked title, the transfer in this case is the first transfer from the property owner. &t is a different situation if the title had already been the subject of a pre$ious succession to which the merger is counted as the second transfer. "o, the $alue of the re$ersionary interest of Santo at death is includible in his gross estate. The transfer is taxable as intended to take effect at or after death because the possibility of re$ersion of Santo makes Santana(s interest conditional as long as Santo li$es. a. b. Yes, because this is counted as the first and a $alid transfer. The succession is a case of a fideicom missary substitution. The transfer from #ngelica, the testator, to *arbara, the fiduciary heir, then to +riselda, the fideicommissary, is considered as a single transfer only. Since the first transfer has been subjected to tax, then the second transfer should be exempt. #lthough there is no more fideicom missary substitution in this case, the transfer of the ownership of property from *arbara to !iana is a transfer in accordance with the desire of the predecessor. Hence, the transfer is still exempt from estate tax. This is not co$ered anymore by the exemption because the law allows tax exemption on the second transfer only.

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).

c.

d. ,.

This is exempt from estate taxation because the second transfer is in accordance with the desire of the predecessor. The first and the second transfers are counted only as one. &f the property shall go to +oncha, the transfer shall be subject to tax because it has disregarded the desire of the predecessor, as contained in the deed of donation.

-.

The transfer is made to a charitable institution. &t shall be exempt from estate tax if only a maximu m of './ of said de$ise shall be used for administration purposes. 0therwise, it shall be subject to estate tax.

1.

House, +auayan +ity +ash Time deposit ewelries Trimobile *ookstore Stocks, *ayani +orporation 4ot, 5oronadal +ity

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6ross estate "otes7

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1. The pineapple plantation is a case of a merger of usufruct in the owner of a naked title. &t is exempt from estate tax. %. The anti8ue collections are the subject of a fideicom missary substitution. Therefore the transfer is exempt from estate tax. 9oreo$er, it is a case of special power of appointment: hence, not includible in the gross estate. '. The time deposit with +hinabank is a donation to charitable institution to be used exclusi$ely for public purposes. Hence, exempt from estate tax. ). The di$idends declared by *ayani +orporation shall not be subject to estate tax because the decedent died before the date of record.

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