Practice question
A Philippine citizen donor transfers property situated abroad and claims location alone necessarily excludes the gift under the nonresident-alien rule. Which is correct?
- Every foreign asset is excluded for every donor regardless of citizenship.
- The nonresident-alien territorial qualification cannot be assumed merely from foreign property location or the donor's overseas residence.
- A foreign address automatically proves noncitizenship.
- The donee's preferred currency determines the donor's nationality.
- Citizenship is irrelevant to every territorial gift-tax rule.
Legal references
- NIRC Sections84-85,98 and104, read with TRAIN amendments: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
- RA10963, TRAIN, estate and donor tax amendments including Sections99-100: https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html
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