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Donation and estate tax

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1 Donation and estate tax on Tue Jan 13, 2015 6:48 pm


Arresto Menor

Can a surviving spouse donate her share of the conjugal property before the settlement of the deceased spouse share?

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2 Re: Donation and estate tax on Sat Jan 31, 2015 2:57 am


Prision Mayor
It is my opinion that at the dissolution of the marriage, i.e. death of one spouse, estate tax is imposed on the property portion of the deceased within 6 months from death, otherwise penalty will be imposed for late payment. In the settlement of the deceased spouse portion, the surviving spouse can donate her/his share (either her/his share from the deceased spouse portion or his/her own 1/2 share of the conjugal property). Donating or waiving the surviving spouse's share may be taxable as donor's tax.

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