Estates and Trusts

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Estates and Trusts

The rules in taxation of individuals


generally apply to estates and trusts. The
taxable income of an estate or trust shall
be computed in the same manner and on
the same basis as in the case of an
individual.
Estate or Inheritance – refers to all the properties, rights and obligations
of a person which are not extinguished by his death and also those
which have accrued thereto since the opening of the succession.

Trust – is an agreement created by will or an agreement under which


title to property is passed to another for conservation or investment
with the income therefrom and ultimately the corpus or principal to be
distributed in accordance with the directives of the creator as
expressed in the governing instrument.

Trustor or grantor – is the person who establishes the trust

Beneficiary – is the person for whose benefit the trust has been created.

Fiduciary – is the general term which applies to all persons or


corporations that occupy positions of peculiar confidence towards
others, such as trustees, executors, guardians, or administrators,
receivers, or conservators
Taxable Estates
- are estates of deceased persons under judicial
settlement. Taxation of an estate begins from the
time of death. Hence, any income received after the
death shall form part of the income of the estate.

Taxable trusts
- for a trust to be taxable, it must be irrevocable,
meaning it cannot be changed by recall or
cancellation, both as to corpus or principal and
income.

In a revocable trust where title to income may be


revested in the grantor, the trust itself is not subject
to income tax. It is the grantor who is taxable.
Illustrations:
1. Ms Red died on Aug. 14, 2012. The estate had P
1,500,000 gross income and expenses to this
income was P 400,000. There was no distribution of
income among the heirs. On 2013, the gross
income of the estate is P 2,000,000 with expenses
of P 1,200,000.
2. Mr. Argos created an irrevocable trust designating
his two daughters, aged 3 and 1 as beneficiaries.
Under the terms of the trust; only half of the
income shall be distributed to the beneficiaries. The
other half shall be left to accumulate and be
distributed when the beneficiaries reach 21 years of
age. For the year, income of the trust was P
500,000.
Two or more Trusts

1. Mr. Anilov maintains two irrevocable trusts


that name his three children, all minors, as
common beneficiaries. The terms of the
trusts provide that no income shall be
distributed to the beneficiaries until the
youngest should become 25 years of age.

Trust 1 Trust 2
Gross income P 450,000 P 600,000
Deductions 150,000 200,000

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