Arce Marcos & Associates

April 4, 2007 BIR RULING [DA-214-07] Arce Marcos & Associates Suite 504 Doa Amparo Building Espaa, Manila Attention: Atty. Santiago V. Marcos, Jr. Gentlemen : This refers to your letter dated July 24, 2006 requesting in behalf of your clients, the Heirs of the late Nestor M. Embisan, an extension of thirty (30) days within which to file the estate tax return of his estate and pay the estate tax due thereon. It is represented that the late Nestor M. Embisan died on September 8, 2006; that you will not be able to file the estate tax return within the prescribed period because you still have to gather the supporting documents, hence, you are constrained to seek for an extension of thirty (30) days within which to file the required estate tax return and pay the estate tax due thereon. 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. CaASIc Based on the aforestated justifiable reason, your request for an extension of thirty (30) days counted from March 7, 2007, which is the last day for filing of the estate tax return of the late Nestor M. Embisan is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to April 6, 2007 pursuant to Section 90 (C) of the Tax Code of 1997. Very truly yours, (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service