2018 Taxation Law, Q4

Years ago, Krisanto bought a parcel of land in Muntinlupa for only PhP65,000. He donated the land to his son, Kornelio, in 1980 when the property had a fair market value of PhP75,000, and paid the corresponding donor’s tax.
Kornelio, in turn, sold the property in 2000 to Katrina for PhP 6.5 million and paid the capital gains tax, documentary stamp tax, local transfer tax, and other fees and charges. Katrina, in turn, donated the land to Klaret School last August 30, 2017 to be used as the site for additional classrooms. No donor’s tax was paid, because Katrina claimed that the donation was exempt from taxation. At the time of the donation to Klaret School, the land had a fair market value of PhP 65 million.
(a) Is Katrina liable for donor’s tax? (2.5%)
(b) How much in deduction from gross income may Katrina claim on account of the said donation? (2.5%)

Quick check

Under Section 101(A)(3) of the Tax Code, what percentage of a donation to an educational institution may be spent on administrative costs to remain exempt from donor's tax?

What is the general income tax deduction ceiling for charitable contributions made by an individual under Section 34(H) of the Tax Code?

How is the deductible amount of a real property donation calculated for income tax purposes under Section 34(H)?

Which condition must be met for a donation of land to an educational institution to be completely exempt from donor's tax?

Under Section 34(H), when can an individual claim a full deduction for a charitable contribution without applying the ten percent ceiling?

Learn more about these topics

1. Educational Donation Exemption
Under Section 101(A)(3) of the National Internal Revenue Code, gifts made to or for the use of educational, charitable, religious, cultural, or social welfare institutions, or non-accredited non-government organizations, are exempt from donor's tax. To qualify for exemption, not more than thirty percent of the gift shall be used by the donee institution for administration purposes. A donation of real property to an educational institution to serve as a site for school classrooms directly fulfills educational objectives, thus qualifying the donor for full exemption from Philippine donor's tax.

2. Charitable Deduction Limits
Under Section 34(H) of the Tax Code, contributions or gifts actually paid or made within the taxable year to accredited non-government organizations or educational institutions are deductible from gross income. For individual donors, charitable contributions to non-accredited institutions are subject to a statutory deduction ceiling of ten percent of taxable income derived from trade, business, or profession, prior to deducting such contributions. However, donations made to accredited non-government organizations or under specific priority programs may be deductible in full based on the donor's acquisition cost.

3. Deductible Property Valuation
For income tax deduction purposes under Section 34(H) of the Tax Code, the deductible amount of a non-cash charitable contribution of real property is generally based on the acquisition cost or adjusted basis of the donated property, rather than its prevailing fair market value at the time of donation. Therefore, even if the donated land has appreciated significantly in value by the time it is conveyed to an educational institution, the allowable income tax deduction is calculated using the donor's historical purchase price.

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