Mrs. Veronica F. Aguilar

September 14, 2007 BIR RULING [DA-490-07] Section 90; DA-195-2003 Mrs. Veronica F. Aguilar (No Return Address) M a d a m : This refers to your letter dated July 3, 2007 which was indorsed to this Office by way of 1st Indorsement dated July 4, 2007 by the Revenue District Office No. 38, North Quezon City, requesting in behalf of the heirs of Cesar Ilas Aguilar, who died on January 3, 2007 for an extension of thirty (30) days from July 3, 2007 within which to file and pay the estate tax as the heirs are still in the process of gathering documents and raising funds for the payment of the taxes. 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 July 3, 2007, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to August 3, 2007 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 Cesar Ilas Aguilar 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. EcTCAD 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