Atty. Maria Rachel V. Riego de Dios

February 22, 2008 BIR RULING [DA-106-08] Atty. Maria Rachel V. Riego de Dios 87 Banawe Street, Quezon City M a d a m : This refers to your letter dated July 18, 2007 requesting for an extension of time within which to pay the estate tax due on the estate of your late aunt, Rosita A. Riego de Dios, who died intestate in Quezon City on December 28, 2006. Her estate has until June 28, 2007 to file the estate tax return and pay the corresponding tax due thereon. However, you are still in the process of sorting out and collating all the relevant documents pertaining to the properties left by your aunt. Likewise, you are still raising the funds to pay for the estate tax, hence, this request for an extension of two (2) years within which to pay the same. 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 the courts, or two (2) years in case the estate is settled extrajudicially pursuant to Section 91 (B) of the Tax Code of 1997. Based on the aforestated justifiable reason, your request for an extension of two (2) years within which to pay the estate tax due on the estate of your late aunt, Rosita A. Riego de Dios, is hereby granted pursuant to Section 91 (B) of the Tax Code of 1997, as amended. Accordingly, you are hereby given until December 28, 2008 within which to pay the estate tax due on the estate of the late Rosita A. Riego de Dios. DHITCc Very truly yours, (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service