BIR Ruling [DA-261-00]

June 15, 2000 BIR RULING [DA-261-00] 90 (B) (C) 260-2000 DA-261-2000 06-15-2000 Ms. Marita V. T. Reyes 32 Examiner St., West Triangle Quezon City M a d a m : This refers to your letter dated May 16, 2000 requesting on behalf of the Estate of your mother, the late Dr. Marina V. Tolentino, for an extension of thirty (30) days within which to file the estate tax return pursuant to Section 90(C) of the Tax Code of 1997. It is represented that your mother died last November 16, 1999; that you filed the Report of Death last January 7, 2000, well within the required period; and that your request is justified by the following circumstances: 1. You are alone in gathering and organizing the necessary documents; 2. You are a full time faculty member of the University of the Philippines and your present duties preclude you from going "on leave." Thus, your time available to look into this matter is very limited; 3. The real estate properties of your widowed mother are located in three (3) different places: Santiago City, Quezon City and Cavite. Updating real estate taxes and requesting for certifications from the city/provincial assessors' offices take time; and 4. Communications and official transactions were particularly difficult during the Christmas season - causing further delay in putting together the necessary documents. 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 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 years in case the estate is settled through the courts, or two years in case the estate is settled extrajudicially pursuant to Section 91(B) of the Tax Code of 1997. prcd Based on the aforesaid justifiable reasons, your request for an extension of thirty (30) days from May 15, 1999 which is the last day for filing the estate tax return of the late Dr. Marina V. Tolentino is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to June 14, 2000 pursuant to Section 90(C) of the Tax Code of 1997. In view of the foregoing, this Office has decided to forego the imposition of the surcharge and penalties on the estate tax due on the transmission of the late Dr. Marina V. Tolentino's estate to the heirs. 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 to Section 249 of the Tax Code of 1997. (BIR Ruling No. 260-2000 dated June 09, 2000) Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI OIC, Deputy Commissioner Legal and Inspection Group