BIR Ruling [DA-133-03]

April 29, 2003 BIR RULING [DA-133-03] Atty. Eric Gene C. Pilapil System Management Center Building, LTO Main Cpd. East Avenue, Diliman, Quezon City S i r : This refers to your letter dated April 16, 2003 requesting on behalf of the legal heirs of the late Natividad Santos Casal for an extension of thirty (30) days counted from April 28, 2003 within which to file estate tax return and pay the estate taxes due thereon. It represented that the late Natividad Santos Casal died on October 28, 2003; that the decedent died intestate and without any debts; that the heirs have come to an agreement as to the division of the decedent's properties; that you have not completed, the necessary documents/attachments needed in filing the estate tax return; and that in view thereof, you are requesting for a period of thirty (30) days within which to file the required estate tax return. 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. AISHcD Based on the aforestated justifiable reason, your request for an extension of thirty (30) days counted from April 28, 2003, which is the last day for filing of the estate tax return of the late Natividad Santos Casal is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to May 28, 2003 pursuant to Section 90(C) of the Tax Code of 1997. 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 Section 249 of the Tax Code of 1997. Very truly yours, (SGD.) MILAGROS V. REGALADO Assistant Commissioner Legal Service