Hi Eli. According to the BIR, campaign contributions net of campaign expenses shall be subject to income tax, thus if complied, to answer your question--yes. Just to add, campaign donations are exempt from donors tax but with limits by the Omnibus Election Code set by COMELEC during campaign period.
Hello Gerard. You explain it clearly but I have few Questions just to make sure. My mother in law donated a portion of her land to the church. The church build a building on the land. BUT, the land was not transferred yet to the Church. If this land would be transferred to the Church, There will be no donor's tax to the church, and my Mother in law will have a credit from BIR base of the market value of the land which she can use that credit in her future tax payments. --- Am I right? Correct me if my understanding is wrong.
HELLO, I HAVE QUESTIONS. THANKS. 1. For real property donation, is it the amount assessed for real property tax where we get the 6% donor's tax? 2. Can the donee be also the authorized representative of the donor? for the S.P.A. purpose. THANKS IN ADVANCE.
Good day Sir. What if the donated property is subjected to mortgage by the donor before the donation and the problem is silent if the mortgage was assumed by the donee, is it an allowable deduction?
Hi po Sir. What about po those donation made by corporation? Are they going to pay pa po ba the 6% donors tax? Aside dun sa magiging deductible sya sa income if may 2322. Sana po mahelp nyu po ako. Salamat po
Hi, I have a few questions: 1) Does paying the Donor's tax, exempt one from paying the CGT & DST? I mean does donor's tax take the place of the CGT and DST? 2) Can a buyer go thru a Deed of Donation, in lieu of a Deed of Sale, in buying a property for their adult child who has no capacity to pay? Because the property will be transferred in the name of the child who has no document to backup the income used to buy the property for themselves. Hope to hear from you. Thanks
Hingil po sa katanungan tungkol sa binuwisan ni Yorme's Donation Tax. Tama at walang malisya ang itabi ang sobrang donasyon dahil eto ay legally na kanya na, at walang batas na nagsasbi na isauli nya or may mekanismo para maibalik pro rated sa nagastos at mapagbiyan ng makatarungan bahagi ang mga mga nagbigay? Matuwid ang ginawa ng tumatakbong pag ka presidente na mukhang hindi pang malawakan ginagawa ng mamayan nasa kahintulad na sitwasyon.
Hi Saigon. Similar to the spirit of Conditional Donation where if such purpose of donation is accomplished, which in this case is used for a campaign of a candidate, generally the excess may not be returned to the donor (esp. if it is impractical) but for tax purposes subject to income tax. In some case, the excess of the funds could actually be used to pay for the related income tax.
Hi sir question on the RECEIVING end of your example The doner donated 3.5M in total Tapos the donor will pay the donors tax How about the receiver? (Son/Daughter) How much will tax he/she will get? Thanks
hello sir, do you still need to file for donors tax even if there is no tax due like for example a cash donation of 250k. if u still need to file even if theres no tax due can u do it thru ebirforms since there is no payment due anyway?
Hello po, paano po kung yung deed of Donation between the LGU and PNP is na execute po yung deed of Donation niya ng July 15,2022. Magpepenalty na po ba yun?
Sir what if the property (house and lot) is divided into multiple owners (all their names are indicated in land title) , and one of them decided to "donate" his share of the property to his/her children. How is the donor's tax calculated? Does he/she has to pay the Donor's tax for the whole property? or will it be divided among the owners and would only pay the tax of his/her share?
Hi, donor's tax shall be based on the co-ownership interest donated by the donor to the children and not the whole property. In this case, there is a need to determine the portion of the value of the property to donated in order to compute donor's tax.
Thank you for this video, Sir Gerard! Just want to kindly ask you something about donor tax and documentary stamp tax. i am a donee and my donors are my mom and my five siblings. The real property of my deceased father has been donated to me so I could pay the remaining mortgage of the property in SSS. BIR's computation for donor's tax is negative in amount/value due to the mortgage. Is a donor's tax which is negative in value/amount still subject to documentary stamp tax? As per BIR's computation, the documentary stamp tax is around 15K. A question also about estate tax. There is an on-going amnesty for this tax until June 2023. For the same property with mortgage, the estate tax computation is supposedly must be negative in amount also. But BIR is asking me to pay a compromise penalty of 5000 pesos. Does this compromise penalty have legal basis? My line of thought is that due to on-going amnesty, all penalties (including compromise penalty) are waived. Thank you very much in advance.
I found the legal basis na po sa 2nd question ko po. Republic Act 11213. 5K is the minimum estate amnesty tax. Sana matulungan ninyo pa rin po ako sa first question ko po. thanks po :)
paano po if ang donor's tax is due to an extrajudicial settlement with waiver of rights and if nag beyond 30days (from the EJS) ang filing. paabo po ang computation ng donor's tax? Can you make a vid please explainibg the 25% surcharge, and compromised penalty soon! or answer briefly here. salamat!
Hello. Yes pwede naman cancel nalang kung ayaw din ishoulder ng donee, kasi hindi nila mapprocess ang eCAR kung real property yung na donate. Kung personal property, depende nalang sa agreement kung gusto nila icancel nalang kasi naging burden yung donation.
Hi Fernando. There is no current in effect amnesty for capital gains tax (if that's waht you mean). For your other concern if you can talk with BIR, you can visit your RDO and look for the officer of the day.
Sa livestreaming, ung mga viewer normally mag top-up, tpos magbibigay sila ng virtual gift, ngun ung virtual gift may equivalent na fiat currency value yun sa livestreamer, considered ba etong commission or pwede ipasok as donation?
Hi Silvergem. Based on your info. it shall be subject to donor's tax on the part of the virtual gift giver where if the donation is below 250k the tax shall be zero.
sir under nirc po ba ang donation to government agency or NGO is exempt or deductible na po ba? don po kase ako nakukuligligan eh. may nakikita po ako sa net na deductible sya pero sa nee law kase exempt na sya eh. sana po masagot nyo po sir ang aking concern salamat po
@@gerardcarpizo or how about cash gift from your relative. Other than the tax that the donor may need to pay, does the recipient need to pay income tax?
Sir, if may house and lot po ang parents ko na ibibigay sa akin, alin po kaya ang mas madali ang process ng pag transfer. By deed of sale or donation? Mas mababa po kaya ang babayaran kung Deed of Donation or same lang? Property is in Manila. Zonal Value is 3M pero AV is only 46,500. Thank you po.
Hello po, lahat po ng pinagtanungan ko na nag-remittance ng PHP250K+ sa Pilipinas ay hindi raw po alam ang tax na ito at hindi raw po sila nagfa-file neto. Ano po ang posibleng mangyari sa kanila?
Hi Kelly. Based on the law, there is no more distinction between a stranger and relative. The support money could be taxed 6% based on the net gift in excess of 250k during the year.
Hi Sir! Nag process po kami ng Deed of Sale para sa lupa ng deceased father ko po pero buhay pa mom ko kaya ganun. Tapos nung magpapatitulo na kami sa RD sinasabi need pa daw namin mag bayad ng Donor's Tax. Hindi po ba sa Deed of Donation lang ang Donor's Tax?
Hi Pam. Generally, note that as a child you have a share in the property left by your dad, so the land may not be totally your mom's, as heir you may need to transfer ownership thus there could be donation.
Kunyari lang. Paano po kung bf ko ofw tapos siya nag bigay sakin ng say around 2m para pag bili ng residential lot. Thru western union a few times in a span of few months. Ano dapat gawin?
Hi Sidro. Filing of Donor's Tax should be within 30 daya from the date of donation/execution of dees of donation. If filed late, interest, surcharge and compromise penalty shall be assessed.
May tanong lang po kunyare may donor na nag donate ng 1m tas 60k then 40k then 30k iadd po ba lahat then minus 250k? or ung sa 1m lang po ung babawasan ng 250K po??
No it is not considered a donation because there is a need to return the borrowed money or thing. Unless, there is no need to pay or return the thing loaned, it becomes a donation.
The amount claimed as deduction shall be the amount contributed/donation plus 50% of such contribution/donation subject to conditions and applicable limitations, under RA 8525 (Adopt a School Program of 1998).
@@gerardcarpizo sir pano po kung ₱32k sahod basic monthly ng kapatid ko at di po nakapasok mula march 16-september12 meron po bang tax refund sir.paki-update naman po sana kami.salamat po.god bless
For a tax refund to occur, taxes should have been withheld from the salary. If your sibling did not work without pay, there would be no withheld tax from compensation.
@@gerardcarpizo sir gerard pwede nyo po bang icompute kung meron man kami makukuha kasi di naman po binayaran ung march16-september12 pero po binayaran po ng company ung sss,philheath at pagibig kahit po naka lockdown.kahit estimate ang po sir gerard carpizo
kawawa yung walang kakayanan magbayad ng Donors tax ... Minana lang naman yung Property kaya dinonate nalang sa mas nangangailangan para lang may matirhan... dapat Ayusin ang batas naten ...
Haven't make a dedicated video on penalties yet. For the meantime you can watch this video where I mentioned penalties for late filing. Merry Christmas!
@@gerardcarpizo ok po thank you. I sent over 250k already to my lolo. I wasnt informed till i saw your videos and have searched more online 😆 Im willing to pay the taxes or penalties. I dnt want to cause trouble for him
Sir very helpful Po ng video nyo . Sir pahelp naman Po..ung Kase s Lola kopo nagawa n Sila ng kasunduan ng pagkakaloob ng Lupa noong year 2011 Po .bale 3.3 hectares Po un at ang hjnati hati Po tru donation.. Bale 1.3 has Po ang ibingay ng Lola ko sa mga anak Po nya at ang 2 hectares nmn Po ay ipinagkaloob naman nya s mga anak ng Kapatid ng Lola ko.. Bale 7 Po magkakapatid ang Lola kopo.. Bale Po sir 3.3 has Po lahat lahat ang property. Paanu Po kaya sir magpacompute ng ganun..year 2011 pa Po un ipinagkaloob ..mAh mga penalty napo kaya iyon ..sir sana po mapansin nyopo ang aking message at maturuan nyopo ako ng computation.. Sir nagsubscribe npo ako sa Inyo.. Sir sana po matulungan nyopo.. Maraming salamat po.. Sana po mapansin nyo ang aking message Po.. Godbless po
Hello sir, ang basis po ay sa net value ng gift at dahil noon 2011 pa po yung donation yung rate po ay using graduate donation rates. Meron na din po penalty kasi 2011 po supposed to be settled yung tax. Kaya para mabigyan po kayo ng eCAR ng BIR, pa assist nalang po muna kayo sa officer of the day sa RDO na malapit sainyo.
