BIR Ruling [DA-035-01]

March 14, 2001 BIR RULING [DA-035-01] Sec. 90 (C) Ms . Laura G . San Pedro 375 Dr. Sixto Antonio Avenue Brgy. Caniogan, Pasig City S i r : This refers to your letter dated September 27, 2000 requesting, on behalf of the legal heirs of the late Sotero G . San Pedro, Sr ., for an extension of thirty (30) days counted from October 1, 2000 within which to file the estate tax return and pay the estate tax due thereon. It is represented that the late Sotero G. San Pedro, Sr. died on April 1, 2000 a resident of Pasig City; that his heirs have decided to enter into and execute a Deed of Extra-Judicial Partition of his estate; that copies of the said Deed have been sent to two of the heirs, namely Evangeline San Pedro-Flores and Stella G. San Pedro, who are residents of Ontario, Canada and New Jersey, USA, respectively; that in view of the time limitations imposed by the need to have the Deed notarized and authenticated by the Philippine Consul in Canada and in the USA, the heirs of Sotero G. San Pedro, Sr. Will be unable to file the Estate Tax Return and pay the corresponding Estate Tax within the period prescribed by law. 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 October 1, 2000, hereby granted without the corresponding surcharge and compromise penalties, pursuant to Section 90(C) of the Tax Code of 1997 but only until October 31, 2000. However, it is understood that the estate of the late Sotero G. San Pedro, Sr. 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 and thereafter. 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