BIR Ruling [DA-415-03]

November 18, 2003 BIR RULING [DA-415-03] Sec. 90 (C) Mr. David A. Domingo No. 5 Elias Street, Acacia Malabon, Metro Manila S i r : This refers to your letter dated October 9, 2003 requesting, on behalf of the legal heirs of the late Virginia A. Domingo ,for an extension of thirty (30) days counted from October 12, 2003, within which to file the estate tax return and pay the estate taxes due thereon. It is represented that the late Virginia A. Domingo died intestate on April 12, 2003; that at present, her heirs are still in the process of extra-judicially settling her estate; that the inventory of all the assets and liabilities of the decedent is not yet completed; and that in view thereof, her heirs are requesting for a period of thirty (30) days within which to submit the required 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 the six (6) months from the 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. SEIDAC Based on the aforestated justifiable reason, your request for an extension of thirty (30) days counted from October 12, 2003, which is the last day for filing of the estate tax return of the late Virginia A. Domingo is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to November 12, 2003 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 Virginia A. Domingo 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 filing of the estate tax return pursuant to Section 249 of the Tax Code of 1997. (BIR Ruling No. DA 260-2000 dated June 9, 2000) Very truly yours, Commissioner of Internal Revenue By: (SGD.) MILAGROS V. REGALADO Assistant Commissioner Legal Service