25/01/2022
How To Minimize Estate Tax In The Philippines
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In the past, only few pay for the estate tax because estate tax in the Philippines is worth a lot. It is a practice to transfer the estate to the beneficiary like children before the estate owner dies. This transfer or any form of transferring the estate to the beneficiary proves s to be disadvantageous on the part of the estate owner. Some of the estate owner dies miserable because without owning anything, he/she will rely on the mercy of the beneficiaries when time comes. So, how can we minimize the estate tax in the Philippines? What should be done with your estate?
What Is Estate Tax?
The only certain in this life are death and taxes. From birth to death, paying taxes are our obligation. Taxes are the bloodline of a nation, without it, the government cannot function effectively.
Estate tax or inheritance tax or death tax is a tax impose by the government for the transfer of the properties left behind by the deceased to the beneficiary/ies. Properties include tangible and intangibles like house , lots, share of stocks, money in banks, business partnership, association membership, jewelries, cars, business rights, etc.
Estate tax are not taxes for the properties but it is a tax to transfer such properties to the beneficiary/ies.
The Best Way To Minimize Estate Tax
To minimize the estate tax, you must understand the train law. In the TRAIN LAW which was approved in January of 2018, estate tax will be fixed at 6% from the net asset. Minimum estate asset of P200,000.00 will be charge with estate tax.
There are 3 ways to transfer an estate to the beneficiary/ies’ ownership:
Donation – Donor’s tax is 6% plus 1.5% doc tax
Sale – which has a capital gain tax of 6 or tax plus 1.5% for doc tax for sale of capital asset, income tax plus 12% vat for sale of ordinary asset or 15% capital gain tax for sale of shares of stocks of unlisted corporation
Inheritance – Estate tax has the least amount of tax among the various ways of transferring the estate. (6%)
How to pay for the estate tax if you have no money? How do you conserve the estate without selling a property? You will definitely sell some or part of the property at a loss before the prescribed period expired for payment of estate tax. Surcharges and other fines will be imposed for the late payment of estate tax. The best way to minimize that problem is to get a life insurance with irrevocable beneficiary equivalent to the estate tax computed from your net asset.
Why Do You Need A Life Insurance?
Why Life insurance? You cannot transfer the ownership of the estate/properties of the deceased if you will not pay for the estate tax. If there is no money for the payment of estate tax, the beneficiary of the estate will either have to borrow money or sell property/ies. In both cases, the beneficiary will lose money.
So Why life insurance? It is because the proceed from the life insurance can be used to pay for the estate tax.
To compute for your net asset: Gross asset less applicable deduction then multiply by 0.06.
example: Gross asset P20,000,000.00
Deduction 5,000,000.00
Net P15,000,000.00
therefore, estate tax = 15M x 0.06 = P900,000.00
For the above example, The estate owner should have a life insurance of not less than 900,000.00 so that this money when the insured died will be used to pay for the estate tax.
The allowable deductions are 4M for your house and 1M for hospitalization. Proof of hospitalization are no longer required for deduction.
Two things will happen when the estate owner dies: that the inheritance will be transferred to the beneficiary/ies upon payment of the estate tax. And, the insurance benefit of the estate owner will be given to the beneficiary/ies. Thus, the insurance benefit can be used to pay for the estate tax. Life insurance proceed is one of the measures in preserving the estate.
Ask your financial advisor regarding life insurance or if you have none, then i can assist you in getting a life insurance coverage that will be used to pay for the estate tax.
Who Are Eligible To Be A Beneficiary
Not all can be a beneficiary of an estate. Even a Will can be void or unacceptable in court if the names listed as beneficiary/ies is not in accordance with the Philippine law. a lawful beneficiary likewise can be disowned by a estate owner provided he/she has ground for doing so like, there is an attempt in the life of the estate owner by the lawful beneficiary. Concubines are not illegible as a beneficiary in a last will and testament. Here are the list of beneficiary:
a. For married:
spouse
legitimate children
illegitimate child/children
b. if you are single
parents if still living, otherwise siblings
illegitimate child/children
c. For widow/er
children
illegitimate child/children
Parents, if no children
Last Will And Testament
Accumulation of wealth is a blessing. It is intended not only to be given to the next generation (our children) but this blessing must also be a means in blessing others. We are merely a steward or manager of the wealth entrusted to us. The true owner is the creator, God. Being a manager, we must manage the wealth productively through estate planning.
Estate planning is the planning of effective usage of accumulated wealth during and after the death of the estate owner. There are three components of estate planning: Estate creation, estate conservation and estate distribution. Of the three components, where does the problem lies? It will always be in the estate distribution. Who will get what?
If you have 3 children and you pass away, those three children will become co-owners of your estate. Your 3 children will be co-owners of your house and all the estates. What will happen then if 2 of the children wants to sell one of the properties like the house? There will be no sale if even one of the co-owners will not approve of the selling of the property. If there are 3 houses, who will get what of the 3 houses? Who will get the piano, the painting, the jewelries and so on.
What will be the solution in estate distribution? It will be the last will and testament of the estate owner.
The last will and testament need to be handwritten, signed and dated by the estate owner. here are advantages of having a last will and testament.
You can state who will get what.
Free portion of the estate will be available to whoever you wish to give, like to your youngest son, your nanny, your favorite parish etc.
Without a will, an extrajudicial settlement must be executed which sometimes require court hearing if there are dispute in the partitioning of the estate/properties.
Estate owner will enjoy the fruit of his labor until the last breath. The welfare of the estate owner will be protected.
The most important reason for a last will and testament – to avoid conflict among the family. Blood is thicker than water but money is thicker than blood. The blood is oftentimes influence by in-laws and by circumstances.
Why are there so many abandoned big houses, big lots, buildings… pass by the the old manila in quezon city, there are lots of houses that are already dilapidated. Sure enough the heirs has money but due to misunderstanding and maybe lack of the last will and testament, those houses become abandoned and maybe subject to court proceedings. If one of the heirs will not sign for the extrajudicial settlement, then the whole process in the inheritance will not push through.
Conclusion
Sometimes, money and property are not a blessing but a curse. Do you want peace in your home and in your family as a whole? Then it is highly recommended that you write the last will and testament now. You can update it regularly if needed like if there is new acquisition of property, if there is new member of the family etc. Anyway, the last will and testament need not be notarized, it is just a hand written notes and almost everyone will respect and obey what was written in the will.
You must consult with an estate lawyer. When you have a problem with your bones you consult an ortho doctor not an ob/gyne doctor. It is the same way with estate tax, consult an estate lawyer. You want your wish to be in the will but it must also conform with the law to make a last will and testament valid. Consult with your lawyer or try Atty Angelo M. Cabrera as he is one of the well known estate lawyers in the Philippines. You may also visit us in https://insurance.rauldolor.com
Reference of this topic comes from the book “Thy Will Be Done”, by Atty Angelo M. Cabrera.
When the Golden Gate Bridge in San Francisco, California, USA was being constructed, nobody wants to work on it because if you fall in the frigid water, surely you will die. The contractor put on a safety net and the bridge was finally built in 1937. Same is true in life, what is your safety net in....