2012 Taxation Law, Q4

Mr. Pedro Aguirre, a resident citizen, is working for a large real estate development company in the country and in 2010, he was promoted to Vice-President of the company. With more responsibilities comes higher pay. In 2011, he decided to buy a new car worth P2 Million and he traded-in his old car with a market value of P800,000.00 and paid the difference of P1.2 Million to the car company. The old car, which was bought three (3) years ago by the father of Mr. Pedro Aguirre at price of P700,000.00 was donated by him and registered in the name of his son. The corresponding donor’s tax thereon was duly paid by the father.
a) How much is the cost basis of the old car to Mr. Aguirre? Explain your answer (2%)
b) What is the nature of the old car – capital asset or ordinary asset? Explain your answer. (3%)
c) Is Mr. Aguirre liable to pay income tax on the gain from the sale of his old car? Explain your answer. (5%)

Quick check

What is the cost basis of property acquired by gift or donation under Section 40(B)(3) of the NIRC?

How is a personal motor vehicle owned by a corporate executive for private use classified for tax purposes?

What percentage of capital gain is recognized in gross income if an individual holds a capital asset for more than twelve months?

If a donated car purchased for P700,000 is traded in at an agreed value of P800,000 after three years, what is the total realized gain?

How much taxable capital gain must an individual report if a P100,000 gain is realized on a capital asset held for three years?

Learn more about these topics

1. Gift Cost Basis
Under Section 40(B)(3) of the National Internal Revenue Code, the basis of property acquired by gift or donation is the same as it would be in the hands of the donor or the last preceding owner by whom it was not acquired by gift. When a father donates a motor vehicle to his son, the son steps into the shoes of the father regarding property valuation. Consequently, the donee's tax basis for determining capital gain or loss upon a subsequent sale or exchange is the donor's original acquisition cost.

2. Capital Asset Classification
Under Section 39(A)(1) of the Tax Code, capital assets are defined by exclusion as all property held by a taxpayer, whether or not connected with his trade or business, except stock in trade, real property used in trade or business, or property subject to depreciation. A personal automobile owned by an executive for private transportation and non-commercial use does not fall under any statutory exception. Therefore, a personal vehicle constitutes a capital asset, and any gain realized from its trade-in or disposition is taxed as capital gain.

3. Holding Period Rule
Under Section 39(B) of the Tax Code, gains or losses realized by an individual taxpayer upon the sale or exchange of a capital asset held for more than twelve months are recognized at fifty percent of the net capital gain. When an asset has been held for three years prior to disposition, only half of the calculated gain is included in gross income for income tax computation. The remaining fifty percent of the gain is statutorily exempt from personal income taxation.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026