Ms. Juliet V. Bernardino

April 20, 2009 BIR RULING [DA-(ET-004) 200-09] Section 90; DA-195-2003 Ms. Juliet V. Bernardino 208 Washington Street, Pasig Greenpark Pasig City Madam : This refers to your letter dated February 3, 2009 requesting for an extension of sixty (60) days from February 11, 2009 within which to file the estate tax return without incurring any penalty. It is represented that Artemio S. Bernardino died of a heart attack on August 11, 2008; that the estate tax return is required to be filed within six (6) months from the decedent's death which is February 11, 2009; that the estate tax was paid on March 16, 2009; that you still have to gather some personal properties like shares of stocks which are not identified at the moment; and that you request for an extension of 60 days to file the estate tax return thereof, or until April 11, 2009. 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. Accordingly, you are hereby granted an extension of thirty (30) days from February 11, 2009 which is until March 13, 2009 to file the estate tax return of the late Artemio S. Bernardino. prLL 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 Artemio S. Bernardino to his heirs. However, it shall be understood that the estate shall be liable for the corresponding interest, if any, that have accrued thereon up to the time of payment of the estate pursuant to Section 249 of the Tax Code of 1997. 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. IcHEaA Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service