BIR Ruling [DA-054-97]

February 3, 1997 BIR RULING [DA-054-97] Mr. Bienvenido M. Cauinian 1568 Antonio Isip Paco, Manila S i r : This refers to your letter dated December 4, 1996 stating that you are one of the recipients of a piece of land situated at the aforementioned address, registered in the name of the deceased Doa Dolores Fabie-Posadas covered by Transfer Certificate of Title No. 210978 issued by the Registry of Deeds for the City of Manila, measuring 54 square meters and with a fair market value of one Hundred Eighteen Thousand Pesos (P118,800.00); that is was agreed that the donees will shoulder the donor's tax in fairness to the generosity of the donor; that as a result of your late payment of the said donor's tax, a surcharge, interest and compromise settlement was imposed on you by the Revenue District Officer which has jurisdiction over the said lot computed as follows: LLjur Donor's Tax P11,880.00 20% Surcharge P2,970.00 Interest 2,557.00 Compromise 200.00 5,727.00 Total P17,607.00 ========= that you are 72 years old, a government retiree with a monthly pension of more than Two Thousand Pesos (P2,000.00); and that with your meager income, you are supporting two (2) adopted children and an ailing wife. Based on the foregoing, you now request for the waiver of surcharge, interest and compromise settlement on the donor's tax due. In reply, please be informed that in view of the above stated justifiable reasons, your request is hereby granted and your tender of payment in the amount of Eleven Thousand Eight Hundred Eighty Hundred Eight (P11,880.00) is hereby accepted. You are therefore advised to remit to this Office the said amount as payment of your donor's tax. The acceptance by this Office of your tender of payment in the amount of Eleven Thousand Eight Hundred Eighty Pesos (P11,880.00) does not preclude this Office from conducting an investigation/verification of your tax liability if it is found out that there is still a deficiency in the payment made. lexlib Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue