BIR Ruling [DA-102-02]

May 30, 2002 BIR RULING [DA-102-02] 90 (B) & (C) DA-260-2000 Lilia B. Protasio No. 82-D 13th Avenue, Brgy. Socorro Cubao, Quezon City M a d a m : This refers to your letter dated May 17, 2002 requesting for an extension of thirty (30) days within which to file the estate tax return on the transmission of the estate of the late Nicolasa Osias Ostrea to her heirs pursuant to Section 90(C) of the Tax Code of 1997. It is represented that the late Nicolasa Osias Ostrea died on November 19, 2001, a resident of No. 82, 13th Avenue, Brgy. Socorro, Cubao, Quezon City; that a petition to approve the Last Will and Testament, Codicil and Amendment to Codicil of the decedent docketed as SP Case No. Q-01-45858 is still pending in the Regional Trial Court of Quezon City, Branch 218; that the next scheduled hearing for the presentation of the second witness is set on May 30, 2002; and that in view thereof, you are requesting for an extension of thirty (30) days to file the deceased Estate Tax Return from the date a decision is rendered approving the pending petition. In reply thereto, 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 the 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 aforestated valid and justifiable reason, your request for an extension of thirty (30) days for filing of the estate tax return of the late Nicolasa Osias Ostrea is hereby granted. However, the said thirty-day extension shall be counted from May 19, 2002, which is the last day for filing of the estate tax return. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to June 19, 2002, pursuant to Section 90(C) of the Tax Code of 1997. Moreover, this Office has decided to forego the imposition of the surcharge and penalties on the estate tax due on the transmission of the estate of the late Nicolasa Osias Ostrea. However, it shall be understood that the estate shall be liable for the corresponding interest that have accrued thereon up to the time of filing of the estate tax return pursuant to Section 249 of the Tax Code of 1997. (BIR Ruling No. DA 260-2000 dated June 9, 2000) Very truly yours, Commissioner of Internal Revenue By: (SGD.) MILAGROS V. REGALADO Acting Assistant Commissioner Legal Service