BIR Ruling [DA-406-00]

November 27, 2000 BIR RULING [DA-406-00] Sec. 90 (C) Abello Concepcion Regala & Cruz Law Offices ACCRA Building, 122 Gamboa St., Legaspi Village Makati City, Metro Manila Attention: Atty . Mark M . Averilla Gentlemen : This refers to your letter dated May 24, 2000 relative to the request of Mr. Rodolfo V. Feliciano, the executor of the estate of the late Guy Francis Coombs, for an extension of ninety (90) days within which to file the estate tax return. EAIcCS It is represented that the late Guy F. Coombs died on February 28, 1999 in the United States of America; that he left some properties in the Philippines; that pursuant to an Order dated January 21, 2000 and confirmed on May 5, 2000 by the Regional Trial Court of Makati, Branch 136, Mr. Feliciano was appointed Executor of the Will of the late Guy F. Coombs regarding his properties located in the Philippines; that on account of his recent appointment, Mr. Feliciano is requesting for an extension of ninety (90) days counted from May 24, 2000 within which to file the estate tax return. 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. In view of the foregoing, your request for an extension of ninety (90) days within which to file the estate tax return on the estate of the late Guy Francis Coombs is hereby denied for lack of legal basis. Considering that Mr. Guy F. Coombs died on February 28, 1999, the last day for the filing of his estate tax return was on August 28, 1999, thus, counting thirty days therefrom the extension allowed under the law has already expired on September 28, 1999 thereby making this request for an extension of time to file the estate tax return moot and academic. As a consequence of this denial, the corresponding penalty, surcharge and interest for late filing of the estate tax return shall be imposed. Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI Deputy Commissioner Legal & Inspection Group