bbatpip wrote:Dear attorney,
Both my parents are deceased but the title of the property is still under their names so an extra judicial settlement was processed in order to pay the estate tax and to have the title transferred to my name. I have two siblings who waived their rights to me which is indicated on the extra judicial settlement.
My question is do my siblings have to pay the donor tax?
This may help you which I quoted from: REVENUE REGULATIONS NO. 2-2003
SUBJECT : Consolidated Revenue Regulations on Estate Tax and Donor’s Tax
Incorporating the Amendments Introduced by Republic Act No.
8424, the Tax Reform Act of 1997. A part of Section 11 says "Renunciation by the surviving spouse of his/her share in the conjugal partnership or absolute community after the dissolution of the marriage in favor of the heirs of the deceased spouse or any other person/s is subject to donor’s tax whereas general
renunciation by an heir, including the surviving spouse, of his/her share in the hereditary
estate left by the decedent is not subject to donor’s tax, unless specifically and
categorically done in favor of identified heir/s to the exclusion or disadvantage of the
other co-heirs in the hereditary estate.
Where property, other than a real property that has been subjected to the final
capital gains tax, is transferred for less than an adequate and full consideration in money
or money’s worth, then the amount by which the fair market value of the property at the
time of the execution of the Contract to Sell or execution of the Deed of Sale which is
not preceded by a Contract to Sell exceeded the value of the agreed or actual
consideration or selling price shall be deemed a gift, and shall be included in computing
the amount of gifts made during the calendar year."