BIR Ruling [DA-472-05]

November 18, 2005 BIR RULING [DA-472-05] Sec. 90 Mrs. Marikit V. Langit c/o DICCION LAW FIRM Unit No. 1912 Jollibee Plaza Building Emerald Avenue, Ortigas Center Pasig City M a d a m : This refers to your letter dated October 25, 2005 requesting an extension of thirty (30) days within which to file the estate tax return and pay the estate tax due on the estate of your late husband, Reyster D. Langit. It is represented that your late husband, Reyster D. Langit, died on June 2, 2005; that the supporting documents needed in filing his estate tax return have not been completed yet, thus, you will not be able to file the said return within the prescribed period, 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 December 2, 2005, which is the last day for filing of the estate tax return of your late husband, Reyster D. Langit, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to January 2, 2006 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 Reyster D. Langit to his heirs. However, it shall be understood that the estate shall be liable for the corresponding interest that has accrued thereon up to the time of payment of the estate tax pursuant to Section 249 of the Tax Code of 1997. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service