BIR Ruling [DA-282-05]

June 23, 2005 BIR RULING [DA-282-05] Mr. Jose C. Uy No. 8 Onrubia Street Project 4, Quezon City S i r : This refers to your letter dated May 18, 2005 requesting an extension of thirty (30) days within which to file the estate tax return on the estate of the late Morfelina A. Uy. It is represented that the late Morfelina A. Uy died on November 25, 2004; that the supporting documents needed in filing her estate tax return have not been completed yet; and that you will not be able to file the said return within the prescribed period, hence, you are constrained to seek for an extension 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, the 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 May 25, 2005, which is the last day for filing of the estate tax return of the late Morfelina A. Uy, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to June 25, 2005 pursuant to Section 90 (C) of the Tax Code of 1997. IcCEDA In view of the foregoing, this Office has decided to forego within the 30-day period the imposition of the surcharge and penalties on the estate tax due on the transmission of the estate of the late Morfelina A. Uy to her 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 payment of the estate tax pursuant to Section 249 of the Tax Code of 1997. Very truly yours, (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service