BIR Ruling [DA-235-02]

December 13, 2002 BIR RULING [DA-235-02] Mrs. Rosario P. Dejaresco 56 B. Inting Street, Tagbilaran City S i r : This refers to your letter dated December 4, 2002 requesting on behalf of the legal heirs of your late husband, Zoilo Dejaresco, Jr .,for an extension of thirty (30) days counted from December 5, 2002 within which to file estate tax return and pay the estate taxes due thereon. It is represented that the late Zoilo Dejaresco, Jr.,died on June 8, 2002; that in addition to the properties situated in Bohol, the decedent had other properties located in Makati City, Mandaluyong City and Negros Oriental; that you have not completed the necessary documents/attachments needed in filing the estate tax return; and that in view of 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. Based on the aforestated justifiable reason, your request for an extension of thirty (30) days counted from December 5, 2002, which is the last day for filing of the estate tax return of the late Zoilo Dejaresco, Jr., is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to January 4, 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. caIETS Very truly yours, (SGD.) MILAGROS V. REGALADO Assistant Commissioner Legal Service