BIR Ruling [DA-300-00]

August 11, 2000 BIR RULING [DA-300-00] 90 (B) (C) 260-00 Ms . Priscilla R . Gonzales 61 Felipe Street Frisco, Quezon City M a d a m : This refers to your letter dated June 20, 2000 requesting on behalf of your client Mrs. Estrella G. Alviola for an extension of thirty (30) days within which to file the estate tax return covering the estate left by her husband, Ramon S. Alviola, pursuant to Section 90(C) of the Tax Code of 1997. It is represented that Mr. Alviola died on December 20, 1999; and that there is a need to verify from the records of the Assessor's Office of Butuan City if the decedent left real properties which have not as yet been issued Transfer Certificates of Title. 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 said 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. Based on the aforesaid justifiable reasons, your request for an extension of thirty (30) days from June 20, 2000 which is the last day for filing the estate tax return of the late Mr. Ramon S. Alviola is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to July 19, 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 Ramon S. Alviola'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) HaEcAC Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. EQUIVIAS IV Deputy Commissioner Legal and Enforcement Group