BIR Ruling [DA-266-00]

June 23, 2000 BIR RULING [DA-266-00] Sec. 90 (C) DA-278-A 6-29-98 DA-266-2000 Ms. Ma. Corazon R. Militante, CPA No. 680 Boni Avenue, Mandaluyong City M a d a m : This refers to your letter dated June 2, 2000 requesting, on behalf of the legal heirs of the late Gen. Prospero Olivas, for an extension of thirty (30) days counted from June 5, 2000 within which to file the estate tax return. It is represented that the late Gen. Prospero Olivas died on December 5, 1999; that he left some properties in Cagayan; that his personal papers and other belongings were not kept in an organized file making it difficult for his heirs to gather all the required documents in settling his estate; that one of the heirs who is tasked in handling the processing of the estate is based in Manila; that he has to go to Cagayan in order to gather all the pertinent documents in settling the estate of the deceased; that until now, this particular heir is still in Cagayan processing the said documents. cdll In reply, please be informed that Section 90(C) of the Tax Code of 1997 provides, to wit: "(C) Extension of Time . The Commissioner shall have authority to grant, in meritorious cases, a reasonable extension not exceeding thirty (30) days for filing the return." In view of the aforesaid justifiable reason, your request for an extension of thirty (30) within which to file the estate tax return of the estate of the Gen. Prospero Olivas is hereby granted. You have thirty (30) days counted from June 5, 2000 or until July 5, 2000 within which to file the said return in order that you may not be imposed the corresponding penalties for late filing of returns. It is, however, understood that the estate of Gen. Prospero Olivas shall be liable to the corresponding interest that shall accrue thereon up to the time of payment of the estate tax. cdll This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disclosed that the facts are different, then this ruling shall be considered null and void. (BIR Ruling No. DA 278-98 dated June 29, 1998) Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI Deputy Commissioner Legal & Inspection Group