BIR Ruling [DA-278-00]

July 6, 2000 BIR RULING [DA-278-00] Abello Concepcion Regala & Cruz Law Offices ACCRA Building, 122 Gamboa Street Legaspi Village, Makati City Attention: Atty . Victor P . Lazatin Gentlemen : This refers to your letter dated April 11, 2000 requesting, on behalf of the legal heirs of the late Teresa Gomez-Yuchengco, for an extension of thirty (30) days counted from June 12, 2000 within which to file the estate tax return. It is represented that the late Teresa Gomez-Yuchengco died on December 12, 1999 leaving a Last Will and Testament; that on January 17, 2000, a petition was filed with the Regional Trial Court of Makati for the probate of the said Last Will and Testament and for the issuance of Letters Testamentary in favor of her husband, Ambassador Alfonso T. Yuchengco, the named Executor; that there was no opposition to the probate proceedings, the court having in fact issued a general order of default; that you have presented to the court all the necessary evidence in support of your prayer for the approval of the Will and the issuance of Letters Testamentary in favor of Ambassador Yuchengco; that the 6-month period within which to file the estate tax return on Teresa Gomez-Yuchengco's estate is going to lapse exactly on June 12, 2000 pending the order of the court, hence, the instant request for an extension of thirty (30) days counted from the above date within which to file the estate tax return in accordance with the power granted to the Commissioner under Section 90(C) of the Tax Code of 1997. 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 time within which to file the estate tax return on the estate of the late Teresa Gomez-Yuchengco is hereby granted. You have only 30 days or until July 12, 2000 within which to file the said return. It is however, understood that the estate of the late Teresa Gomez-Yuchengco shall be liable to the corresponding interest that have accrued thereon up to the time of payment of the estate tax. Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI Deputy Commissioner Legal & Inspection Group