BIR Ruling [DA-028-02]

March 5, 2002 BIR RULING [DA-028-02] 90 & 91 Suarez & Narvasa Law Firm 3/F CSJ Building 105 Aguirre St., Legaspi Village Makati City Attention: Atty. David S. Narvasa Partner Gentlemen : This refers to your letter dated January 11, 2002 requesting on behalf of the heirs of the late Jose Aonuevo y Bantatua , for an extension of another thirty (30) days within which to file the estate tax return and pay the estate taxes due thereon. It is represented that in letters dated November 12, 2001 and December 13, 2001, your clients requested for an extension of thirty (30) days each, or a total of sixty (60) days, within which to file the estate tax return pertaining to the deceased, Jose Aonuevo y Bantatua; that as stated in the said letters, the heirs were still then in the process of collating and/or researching the properties of the deceased; that if the requests embodied in the 2 letters were both granted, the heirs would have only until January 14, 2002 within which to file the estate tax return; that unfortunately, the heirs have only recently completed the collation and/or research of the properties of the deceased; that the heirs, however, still need to verify the respective values of the properties of the deceased; that considering that all the heirs are residing abroad, they are having difficulty in coordinating with their relatives in the country for purposes of conducting the required verifications; that as such, the heirs are hereby constrained to make another request for an extension of thirty (30) days from January 14, 2002 within which to file the estate tax return. In reply, please be informed that under Section 90(B) and (C) of the Tax Code of 1997, estate tax return is required to be filed within six (6) months from the decedent's death, and in meritorious cases, a reasonable extension not exceeding thirty (30) days for filing the return may be granted by the Commissioner of Internal Revenue. The payment of the estate tax or any part thereof shall be made upon the filing of the return or on such date as fixed if an extension is granted by the Commissioner, but in no case to exceed five (5) years in case the estate is settled through courts, or two (2) years in case the estate is settled extrajudicially pursuant to Section 91(B) of the Tax Code of 1997. In view of the foregoing, this Office regrets to deny your request for an extension of thirty (30) days within which to file your clients' estate tax return due to lack of legal basis since the 30-day period from the 6-month period from decedent's death has already lapsed. ITaESD Very truly yours, Commissioner of Internal Revenue (SGD.) MILAGROS V. REGALADO Acting Assistant Commissioner Legal Service