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Philippine Bar review · Question

Practice question: Basic Principles and Concepts only

Multiple Choice Medium

Practice question

A nonresident decedent remained a Philippine citizen at death. The estate argues that nonresidence alone makes the nonresident-alien territorial restriction automatically applicable. Which is best?
  1. Every nonresident is necessarily an alien.
  2. Living abroad automatically renounces citizenship for tax purposes.
  3. Only the heirs' residence decides the decedent's citizenship.
  4. The restriction expressly concerns a nonresident who was not a Philippine citizen; citizenship must still be considered.
  5. Nonresidence eliminates all estate-tax rules.

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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