BIR Ruling [DA-216-03]

July 9, 2003 BIR RULING [DA-216-03] Sec. 90 Atty. Ma. Leah A. Jose-Sebastian 62 Simoun Street, Sta. Mesa Heights Quezon City M a d a m : This refers to your letter dated June 10, 2003 requesting on behalf of the legal heirs of the late Emerenciana L. Alday ,who died on December 10, 2002, for an extension of thirty (30) days within which to file the estate tax return and pay the estate tax due thereon. cDCEIA 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. Based on the foregoing, your request for an extension of thirty (30) days within which to file the estate tax return of the late Emerenciana L. Alday is hereby denied for lack of legal basis. The 30-day extension provided under Section 90(C) of the Tax Code of 1997 is granted only upon showing by the heirs or the representative of the estate that a justifiable ground exist that warrants the granting of the said extension. In view of the foregoing, this Office imposes the corresponding surcharge, penalties and interest for the late filing and payment of the estate tax due on the transmission of the estate of the late Emerenciana L. Alday to her heirs pursuant to Sections 248 and 249 of the Tax Code of 1997. Very truly yours, Commissioner of Internal Revenue By: (SGD.) MILAGROS V. REGALADO Assistant Commissioner Legal Service