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Philippine Bar review · Question

Practice question: Basic Principles and Concepts only

Multiple Choice Hard

Practice question

A person died in 2016, but the heirs first seek settlement and file documents in 2026. They insist that the six-percent TRAIN estate rate necessarily applies because filing occurs now. No later special relief is assumed. Which basic principle governs?
  1. Filing date always controls the estate-tax rate
  2. The governing estate-tax regime is generally determined by the date of death, so current filing alone does not substitute the later TRAIN rate
  3. The youngest heir chooses the governing year
  4. All pre-2018 estates are automatically tax-free forever
  5. Settlement delay necessarily converts estate tax into VAT

Legal references

  • NIRC Sections 84-86, as amended by RA10963: https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html
  • RR 12-2018 (estate-tax accrual and basic scope): https://bir-cdn.bir.gov.ph/local/pdf/RR%2012-2018.pdf

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