Thursday, March 10, 2022

the estate tax law tortures the bereaving heirs

12/11/25 fb post


elfilibustangere
by ian crystal

the problem with the philippines is our supposed stewards (e.g. virtuous ateneo and UP grads) are gutless and impotent. a good analogy is like they allow their children to swim in shark infested waters, then when their child is eaten by a shark all they do is get angry at the shark and demand the shark go to jail instead of pushing for SMART solutions that actually work. bad people will rule this country because they are the ones with MAGA guts, courage, and dedication. we now have what it takes for philippines to become a utopia. the only problem is that the good filipinos are mostly gutless and impotent.

salceda's bill to eliminate estate taxes is much better than my proposal but more difficult to pass because the opponents can argue taxes are necessary for soceity to function. my counter to that is that it's better money stays in the hands of the heirs so that at least wealth is more distributed rather than concentrated due to corruption. so salceda's bill is much better than my proposal if it passes. 

but salceda's bill could be a trojan horse designed to shutdown more practical and realistic solutions. example, my solution to pay the estate tax for a property only when it is sold will generate even more revenue for the government because the zonal value will be at the time of sale of the property instead of time of death. with the current law, if the time of death was 20 years ago and there was massive inflation the government will end up with almost nothing. if there is no amnesty the government will also end up with nothing because the value of the penalties would exceed the value of the property so the heirs would rather not pay estate taxes. with my proposal, the heirs would be happy to pay a little extra taxes because they are also about to receive a much much bigger sum due to the sale. so everyone is happy except the BIR because they don't get to use their insanely obsolete and UNJUST system to torture bereaving hears and use it as an opportunity for corruption.

currently, i'm vehemently researching and consulting experts in an effort to find SMART (Specific, Measurable, Achievable, Realistic, Timely) solutions to the problems that are making filipinos suffer. it will probably take a year for my proposals to be fine tuned and finalized. i don't think i will succeed, but what's important for me is i do everything i can and not leave any stone unturned. you can follow my progress by searching and joining "common sense movement" in facebook. i never succeed in anything i do. but i'm happy because i never hesitate to swim in a septic tank just to succeed.

i'm not really a good person. i'm more curious than caring. my solutions will include suggestions on how anyone can participate or contribute. by then we will know if filipinos are just a bunch of clowns who enjoy protesting in the streets and making comedic jingles and memes in social media about corruption. even if you disagree with MAGAs, at least they have the guts, dedication and courage to win and preserve their "way of life". i don't even include duterte supporters in that same category because they just got lucky they had duterte and senator bato to do the things they wanted to do but didn't have the guts. duterte supportors are just lucky they had duterte while trump is just lucky he has MAGA support. if you think you are a good person and your opinions, ideals, and principles are correct, then why are you being gutless and impotent by relying on solutions to problems that you know don't work? you should use your god given talent and abilities to come up with better solutions. 

jose rizal sharply criticized filipinos in his writings, not out of disdain, but to expose societal flaws like indolence and hypocrisy. my prediction is that this estate tax issue will be just like the ghost projects issue. very rich people would not lift a finger to fix this issue because they have staff who will go through months of torture in the BIR for them or their properties already belong to their family corporation. actually they will lift a finger posting their opinions in facebook. meanwhile, ordinary filipinos will not bother to support SMART solutions because it's their COMFORT ZONE to be victimized and their children eaten by sharks. they just want sharks to go to jail even if it does nothing to solve their problems. all i can do is do my best to help and hope i'm wrong with my assumption about my fellow filipinos.


------------------- original article  -----------

IT IS IMMORAL AND UNJUST FOR THE GOVERNMENT TO DEMAND TAXES EVEN IF THE MONEY DOES NOT EXIST YET. the citizen should pay taxes only when the MONEY EXISTS, whether through salary, business income, or sale of a property. that's just common sense. my following proposal will generate more revenues for the government, and prevent bereaving heirs from being tortured by the BIR. the easy transfer of inheritance can help spur ECONOMIC GROWTH which elevates the living standards of all filipinos. my friend jun ledres who is a regional directory of NEDA even gave up on the properties of his parents because he can't stand the sufferings he has to go through to pay the estate taxes. THAT'S RIDICULOUS !!! the solution is actually very simple and easy. 

the estate tax law in the philippines is so stupid. it tortures the surviving love ones of the deceased. in addition to their sorrow due to the passing of their beloved, they are forced to sell a property at a VERY LOW PRICE. the property could possibly be of high sentimental value to the heirs. they have no choice or else they will incur huge penalties that quickly grows to the same value of the property, which renders the property to have ZERO VALUE. 

it can take years to sell a property at a good price. the only way to beat the 25% surcharge is for the bereaving heirs to sell a property at a very low price. OUCH !!! also, most people don't have the money to pay a lawyer to create an extrajudicial or file for administratorship. most people don't have the luxury to take 1 month off from work to gather all the requirements. 

i keep hearing that most politicians are corrupt. i keep hearing that politicians don't care about people and they just run for office to enrich themselves. i don't believe that. i believe there are many politicians who really want to improve society. they are also willing to work together for the greater good even if they belong to different parties. i will prove it by asking some congress persons to propose a bill that goes a little something like this (let's call it the davide-garcia-salimbangon-calderon bill): 
 
WHEREAS, a property of a deceased will need to be marked "inherited" in the title (encumbrance). if the property is partitioned, all partitions will also be marked "inherited" in the title. whenever an "inherited" property is sold, the seller will pay an "inheritance tax" that is 6% of the CURRENT zonal value. this is in addition to the capital gains tax. but no more penalties. 

WHEREAS, after the inheritance tax is paid, the "inherited" encumbrance will be removed. this means a property can be passed on to many generations and be partitioned many times without having to pay any estate tax. the only time an estate tax needs to be paid is when an "inhertied" property is sold. at this point, there is no reason for the seller to not pay the "inheritance tax" because the money already exists.

WHEREAS, with this bill, the government will get more revenues. that's because with the current law, the only feasible way for most heirs to pay the estate tax is to wait for an amnesty, where the computation is 6% of the zonal value at the TIME OF DEATH. if there happened to be high inflation since the time of death, then the government will receive very little.

WHEREAS, this bill can spur economic activity because inherited properties can more easily be partitioned, sold, and used without having to wait for another amnesty that may never come.

WHEREAS, most people are not educated about estate taxes. most people only learn about estate taxes when they want to sell an inherited property many years later. but by then it's too late because the penalties are already the same as the value of the property. at least with the property taxes, you get a delinquency notice from city hall.


(for more of my knowledge bombs, click the "ian's knowledge bombs" banner at the top of this article and choose any article in the table of contents that piques your interest)

No comments:

Post a Comment