BIR Ruling [DA-033-01]

March 14, 2001 BIR RULING [DA-033-01] Sec. 90 (C) Mr . Oscar M . Ontimare 51 Highland Drive Blue Ridge, Quezon City S i r : This refers to your letter dated January 2, 2001 requesting, on behalf of the legal heirs of the late Polly Dacanay, for an extension of thirty (30) days counted from January 5, 2001 within which to file the estate tax return pursuant to Section 90 (C) of the Tax Code of 1997. It is represented that the late Polly Dacanay died on July 5, 2000 a resident of 51 Highland Drive, Blue Ridge, Quezon City; that she left several properties; that it is only you who is preparing the needed papers and documents in filing the estate tax return which will be due on January 5, 2001; that you are now seventy five (75) years of age with serious diabetes that impaired your eyesight and which condition gravely affect your ability to read and write; and that due to your health condition aggravated by arthritis and depression brought about by the death of your spouse, you will not be able to file the estate tax return on time, hence, your request for an extension of thirty (30) days within which to file the same. In reply, please be informed that in view of the aforementioned justifiable reason, your request for an extension of thirty (30) days within which to file the estate tax return reckoned from January 5, 2001, is hereby granted without the corresponding surcharge and compromise penalties, pursuant to Section 90 (C) of the Tax Code of 1997. However, it is understood that the estate of the late Polly Dacanay shall be liable to the corresponding interest that may have accrued during the 30-day extension of time within which to file the estate tax return. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disclosed that the facts are different, then this ruling shall be considered null and void. Very truly yours, (SGD.) MILAGROS V. REGALADO Acting Assistant Commissioner Legal Service