Norma R. Guevarra

July 3, 2007 BIR RULING [DA-359-07] Section 90 DA-195-2003 Norma R. Guevarra 22 Gen. Luna Street, Ususan, Taguig City M a d a m : This refers to your letter dated August 31, 2006 requesting in behalf of the Estate of Marcelino C. Rayos del Sol, for an extension of thirty (30) days from September 2, 2006 within which to file the estate tax return and pay the estate tax due thereon. It is represented that Marcelino C. Rayos del Sol died on March 2, 2006; and that will enable you to raise enough money to pay the concomitant taxes and other expenses. In reply, 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 exceed five 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 aforementioned justifiable reasons, your request for an extension of thirty (30) days counted from September 2, 2006, which is the last day for filing of the estate tax return of the late Marcelino C. Rayos del Sol, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to October 2, 2006 pursuant to Section 90 (C) of the Tax Code of 1997. ASTDCH 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 Marcelino C. Rayos del Sol 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 pursuant to Section 249 of the Tax Code of 1997. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be ascertained that the facts are different, then this ruling shall be considered void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service