BIR Ruling [DA-470-06]

August 3, 2006 BIR RULING [DA-470-06] Mr. Joseph Hunt Francia 104 Magsaysay Street Admiral Village, Taytay, Rizal 1290 S i r : This refers to your letter dated July 28, 2006 requesting, in behalf of the heirs of the late Alice Remedios Hunt Francia, an extension of thirty (30) days within which to file the estate tax return of her estate and pay the estate tax due thereon. It is represented that the late Alice Remedios Hunt Francia died on February 8, 2006; that you will not be able to file the estate tax return within the prescribed period because you still have to gather the supporting documents and you have difficulty in raising the amount to pay the estate tax, hence, you are constrained to seek for an extension of thirty (30) days within which to file the required estate tax return and pay the estate tax due thereon. 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 extrajudicially 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 August 8, 2006, which is the last day for filing of the estate tax return of the late Alice Remedios Hunt Francia is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to September 7, 2006 pursuant to Section 90 (C) of the Tax Code of 1997. HcTSDa Very truly yours, (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service