Section 101. Exemption of Certain Gifts. –

The following gifts or donations shall be exempt from the tax provided for in this Chapter:

1. In the Case of Gifts Made by a Resident. -

   1. Dowries or gifts made on account of marriage and before its celebration or within one year thereafter by parents to each of their legitimate, recognized natural, or adopted children to the extent of the first Ten thousand pesos (P10,000):

   2. Gifts made to or for the use of the National Government or any entity created by any of its agencies which is not conducted for profit, or to any political subdivision of the said Government; and

   3. Gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation, institution, accredited nongovernment organization, trust or philanthrophic organization or research institution or organization: Provided, however, That not more than thirty percent (30%) of said gifts shall be used by such donee for administration purposes. For the purpose of the exemption, a ‘non-profit educational and/or charitable corporation, institution, accredited nongovernment organization, trust or philanthrophic organization and/or research institution or organization’ is a school, college or university and/or charitable corporation, accredited nongovernment organization, trust or philanthrophic organization and/or research institution or organization, incorporated as a nonstock entity, paying no dividends, governed by trustees who receive no compensation, and devoting all its income, whether students’ fees or gifts, donation, subsidies or other forms of philanthrophy, to the accomplishment and promotion of the purposes enumerated in its Articles of Incorporation.

2. In the Case of Gifts Made by a Nonresident not a Citizen of the Philippines. -

   1. Gifts made to or for the use of the National Government or any entity created by any of its agencies which is not conducted for profit, or to any political subdivision of the said Government.

   2. Gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation, institution, foundation, trust or philanthrophic organization or research institution or organization: Provided, however, That not more than thirty percent (30% of said gifts shall be used by such donee for administration purposes.

3. Tax Credit for Donor’s Taxes Paid to a Foreign Country. -

   1. In General. –

      The tax imposed by this Title upon a donor who was a citizen or a resident at the time of donation shall be credited with the amount of any donor’s tax of any character and description imposed by the authority of a foreign country.

   2. Limitations on Credit. –

      The amount of the credit taken under this Section shall be subject to each of the following limitations:

      1. The amount of the credit in respect to the tax paid to any country shall not exceed the same proportion of the tax against which such credit is taken, which the net gifts situated within such country taxable under this Title bears to his entire net gifts; and

      2. The total amount of the credit shall not exceed the same proportion of the tax against which such credit is taken, which the donor’s net gifts situated outside the Philippines taxable under this title bears to his entire net gifts. (94)