BIR Ruling [DA-292-04]

May 31, 2004 BIR RULING [DA-292-04] 90 (C) Acsay Pascual & Associates Law Office 1731 Dian Street, Palanan Makati City Attention: Atty. Vicente R. Acsay Counsel Gentlemen : This refers to your letter dated May 17, 2004 requesting on behalf of your clients, the Heirs of the late Emma L. Laperal, for an extension of thirty (30) days, from June 1, 2004 within which to file the estate tax return and pay the estate tax due thereon. It is represented that the late Emma L. Laperal died on December 1, 2003 in the State of California, U.S.A.;and that your clients are still in the process of gathering the properties and confirming the liabilities of their deceased mother as of the time of her death. 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 extra-judicially 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 June 1, 2004, which is the last day for filing of the estate tax return of the late Emma L. Laperal, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to July 1, 2004 pursuant to Section 90 (C) of the Tax Code of 1997. 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 Emma L. Laperal 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. TcSaHC Very truly yours, Commissioner of Internal Revenue By: (SGD.) MILAGROS V. REGALADO Assistant Commissioner Legal Service