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Tag Archives: Estate Tax

Does Everybody Need Life Insurance?

17 Thursday Sep 2015

Posted by Dexter Panganiban in Personal Financing

≈ 2 Comments

Tags

Estate Tax, Tax

Source: Forbes.com

Source: Forbes.com

Does Everybody Needs Life Insurance? A question that an individual should know the answer. Well my answer is “It depends”, it depends on what? Perhaps my points stated below might give you an idea of having life insurance, or just forgetting the idea, You will have to decide after treading this blog post.

Insurance aims to replace the income of the person being insured.

The insurance can serve as an income replacement, so if a person is the bread winner of the family and if someone depends on his income, definitely he needs a life insurance. Most especially to all fathers working for their family. A non-working wife, might not need an insurance if her main purpose is just for income replacement. But of course there are still some other purpose in addition to income replacement.

Have you think of a situation that if your life was taken away while your love ones are still studying or while you are paying for a house or you have other fixed monthly expenses? As a follow up question, did you ever think on what will happen to your love ones when they are left with all the burdens? For sure it will be very difficult for them.

Have you heard about Estate Tax?

Have you heard about the Estate Tax? Estate Tax is the tax imposed on all the estate left by a dead person. Meaning that if a person dies and he have estates left (money in the bank, House and Lot under his/her name, Car,  bank in the money, mutual funds, any paper asset), all estate will be subjected to estate tax before it could be transferred to the rightful heir. If the rightful heir does not have money to pay for the estate tax he may resort to two options:

  • Borrow money to friends of relatives, then pay the estate tax and pay bank the relatives
  • Sell the estate on a very low amount and make an agreement with the buyer to pay all the estate tax on your behalf.

Normally option # 2, is being chosen by the heir if there is no fund to be used in collecting the estate. But normally option # 2 will make your estate with a very low cost compared to the assessed value of the estate.

Estate Tax is subjected to time frame for paying the text.

A wise decision is to calculate your total asset, and check with the prevailing estate tax law the equivalent amount and make sure that the owner of the asset is insured on more than the amount required.

Insurance money can be paid to the beneficiary after the claimant prove that the insured person died in a way accepted as stipulated in the contract. The beneficiary can take the life insurance proceeds free of tax ( Check this article)

“(B) Exclusions from Gross Income. — The following items shall not be included in gross income and shall be exempt from taxation under this title:

Life Insurance. — The proceeds of life insurance policies paid to the heirs or beneficiaries upon the death of the insured, whether in a single sum or otherwise, but if such amounts are held by the insurer under an agreement to pay interest thereon, the interest payments shall be included in gross income.”

Estate Tax filing has also a deadline:

Deadlines

File the return within six (6) months from decedent’s death. However, the Commissioner may, in meritorious cases, grant extension not exceeding thirty (30) days.

I hope that this article will help you decide to get or not to get a Life Insurance. I may not be an expert in law, but I hope this post gives you an idea about the importance of Life Insurance.

COL Financial’s Claim Procedure in Case of Stock Holder’s Death

06 Wednesday Mar 2013

Posted by Dexter Panganiban in Stock Market

≈ Leave a Comment

Tags

COL Financial, Estate Tax, Stock Mark

TaxYesterday I sent clarification to COL Financial regarding the procedure on how will the heir can get stock proceeds in case of Stock Holder’s Death and here is their reply:

In the unfortunate event of an account holder’s demise, the following are the documents to be submitted by the surviving spouse/heir:

  1. Death Certificate
  2. Either one of the following:
    1. If with testate or intestate proceedings, a court order appointing the executor/administrator and authorizing him to close the account and collect the proceeds;
    2. If without testate or intestate proceedings:
      1. If there is only 1 heir – Affidavit of Self-Adjudication
      2. If there is more than 1 heir – Deed of Extra-judicial Settlement of Estate
      3. In either (i) and (ii), submit also proof of filing of the Affidavit or Deed, as the case may be, with the office of the register of deeds
  1. Release, waiver, and quitclaim, holding COL free and clear from any action, claim or liability brought by third parties in relation to the closing of the account and release of the proceeds thereof.
  2. Proof of payment of estate tax or BIR Certification that the same is exempt from estate tax
  3. Identification documents of surviving heirs (photocopy of 1 government issued ID, with picture and signature)

Surviving heirs may then open an account with us to transfer all stock and cash positions from the deceased client’s account to the surviving heirs’ account.  Surviving heirs will have to submit identification documents and POB and accomplish account opening forms.

So it is clear based on COL Financial’s response that a proof of payment for the estate tax is necessary before a heir can claim the stocks. To all those who have account with COL Financial better share this post to your love ones so they know what to do just in case.

What is Estate Tax? | The Importance of Insurance

05 Tuesday Mar 2013

Posted by Dexter Panganiban in Personal Financing

≈ 2 Comments

Tags

BIR, Estate Tax, Insurance, Investment, Philippine Law, Tangible Property, Term Insurance

TaxIn my continued learning about Personal Finance, I came to know that there is Estate Tax in the Philippines. Estate Tax is the tax being charged to any heir of a deceased person.

Did you know that all property under your name as shown below is subjected to Estate Tax in case of your death?

a)   Real or immovable property, wherever located

b)   Tangible personal property, wherever located

c)   Intangible personal property, wherever located

All mentioned property would be subjected to Estate Tax equivalent to almost 20% of the Net property. Property includes Real State, Money in the Bank, Mutual Funds, Stocks in the Stock Market and more.

According to BIR the following items will be deducted from the Gross Asset to get the net value of the Net value to be taxed.

  • GSIS proceeds/ benefits
  • Accruals from SSS
  • Proceeds of life insurance where the beneficiary is irrevocably appointed
  • Proceeds of life insurance under a group insurance taken by employer (not taken out upon his life)
  • War damage payments
  • Transfer by way of bona fide sales
  • Transfer of property to the National Government or to any of its political subdivisions
  • Separate property of the surviving spouse
  • Merger of usufruct in the owner of the naked title
  • Properties held in trust by the decedent
  • Acquisition and/or transfer expressly declared as not taxable

It was also a discussion in the TGFI Facebook group that if the owner of the stocks became deceased, stocks will not be withdrawn or liquidated as along as the real estate is cleared and paid. Joint account can’t also protect the account since if either one of the account holder died, the account will be frozen and will be subjected to Estate Tax.

There is a deadline in paying the Estate Tax as shown in the BIR page as follows:

File the return within six (6) months from decedent’s death. However, the Commissioner may, in meritorious cases, grant extension not exceeding thirty (30) days.

The Estate Tax imposed shall be paid at the time the return is filed by the executor or administrator or the heirs. However, when the Commissioner finds that payment on the due date of the Estate Tax or of any part thereof would impose undue hardship upon the estate or any of the heirs, he may extend the time for payment of such tax or any part thereof not to exceed five (5) years, in case the estate is settled through the courts or two (2) years in case the estate is settled extra-judicially.

According to experts, in order for us to be protected we need to make sure that we have Term Insurance or any other Insurance. Term Insurance is the Insurance with the lowest premium but there is no Return of Investment for any payment. So it is just like paying insurance for your car. But instead of paying for your car you are protecting yourself for anything that might happen in the future.

So it is very important that if we have an asset, we need to make sure that our family is prepared in paying the estate tax in case of death.

For further reference about the Estate Tax please proceed to BIR Page here. Be informed that nobody is excused due to the ignorance of the law.

Image Source : Blog.nolo.com

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