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CGT and CWT

Total questions: 13

Worksheet time: 9mins

Name
Class
Date
1.

__________________is a tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital located in the Philippines, including pacto de retro sales and other forms of conditional sale.

a)

Capital Gains Tax

b)

Creditable Withholding Tax

c)

Donor's Tax

d)

Estate Tax

2.

All of the following are the basis in the valuation of real property except:

a)

The value of the real property will be based on the selling price, FMV or Zonal Value, whichever is higher

b)

If there is an improvement, the FMV, based on the latest tax declaration at the time of the sale

c)

In case the tax declaration presented was issued five (5) or more years prior to the date of sale, the seller shall be required to submit a certification from the City Assessor whether or not the same is still the latest tax declaration covering the said real property

3.

All of the following are considered exempt from the payment of Final Capital Gains Tax except?

a)

A government entity or government-owned or controlled corporation selling real property

b)

An individual or non-individual exchanging real property solely for shares of stocks which does not result in corporate control

c)

The disposition of the real property which is gratuitous in nature

4.

ABC sells to XYZ a residential house and lot in Quezon City with a floor area of 200sqm and a Selling Price of P2,000,000, BIR Zonal Value of 1,500,000 and Market Value per Tax Declaration of P1,200,000. Both of the parties are not engaged in trade or business. How much is the CGT due?

a)

Zero

b)

120,000

c)

90,000

d)

72,000

5.

On October 1, 2021, XYZ obtain a P1,200,000 loan from a bank, which was secured by a real estate mortgage. He defaulted in the payment of his loan prompting the bank to foreclose the mortgage on the subject property. In the process, the bank emerged as the highest bidder at a public auction sale for a bid amount of P1,000,000. On December 31, 2022, a Certificate of Sale was registered at the Registry of Deeds in Quezon City. How much is the CGT if the mortgagor redeemed the property within the one-year the reglemantary period?

a)

Zero

b)

72,000

c)

60,000

6.

Statement A: Registration with HLURB or HUDCC shall be sufficient for a seller to be considered as habitually engaged in real estate business. If the seller is not registered with HLURB or HUDCC, he may prove that he is engaged in the real estate business by offering other satisfactory evidence such as consummating six taxable real estate transactions during the preceding year.


Statement B: Notwithstanding the foregoing, for purposes of determining the applicable tax rate, banks shall be considered as habitually engaged in the real estate business.

a)

True, False

b)

True, True

c)

False, True

d)

False, False

7.

If the sale of a property on the installment plan which payments in the year of sale do not exceed ___% of the selling price, no withholding is required to be made on the periodic payments.

a)

10%

b)

15%

c)

20%

d)

25%

8.

In case of redemption of properties sold during involuntary sales, regardless of the type of proceedings and personality of mortgagees or entities, the CGT or CWT, as the case maybe, shall become due.

a)

True

b)

False

9.

The foreclosure sale, is evidenced by Certificate of Sale issued in charge thereof in favor of the winning bidder who usually is the creditor. However, the debtor has the right to redeem the subject real property within one year from the date of sale.

a)

True

b)

False

10.

If the sale of a property on the installment plan (payments in the year of sale do not exceed 25% of the selling price), the tax shall be deducted/withheld by the buyer from every installment based on selling price appearing in the Deed of Absolute Sale (DOAs) or FMV of the property at the time of execution of DOAS, whichever is higher.

a)

True

b)

False

11.

SMDC, a real estate developer, sells to XYZ a residential condominium unit in Quezon City with an area of 38 sqm at a Selling Price of P4,000,000. The following are the fair market value information of the real property.

FMV per Tax Declaration: P1,500,000, BIR Zonal Value: 3,000,000

How much is the Creditable Withholding Tax Due?

a)

240,000

b)

200,000

c)

180,000

12.

Statement A: In the case of a taxpayer not engaged in the real estate business, whether land or building, which are used or previously used in the trade or business of the taxpayer shall be considered as capital assets.


Statement B: All real properties acquired in the course of trade or business by a taxpayer not habitually engaged in the sale of real estate shall be considered as ordinary assets.

a)

True, False

b)

True, True

c)

False, True

d)

False, False

13.

In the case of subsequent non operation by taxpayers originally registered to be engaged in the real estate business, all real properties originally acquired by it shall continue to be treated as

a)

Capital Asset

b)

Ordinary Asset