Roberto P. Nazareno

August 13, 2008 BIR RULING [DA-(ET-006) 144-08] 90 (B) & (C); 91 (B); DA-106-2008 Roberto P. Nazareno No. 18, Don Senen St. Don Antonio Heights Quezon City S i r : This refers to your letter dated February 16, 2008 requesting for an extension of time within which to pay the estate tax due on the estate of your late wife, Dalisay L. Nazareno, who died intestate on August 18, 2007. It is represented that your family is still grieving over the loss of your wife; that you are aware of your obligation to pay taxes due on the estate of your wife; that however, you cannot settle the estate before the lapse of six months because you are still in the process of sorting out and collating all the relevant documents pertaining to the properties left by your wife and have to agree among the heirs how the properties shall be divided; and that likewise, your family is still raising the funds to pay for the estate tax. In reply thereto, please be informed that under Section 90 (B) and (C) of the Tax Code of 1997, as amended, 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. AaECSH Based on the aforestated justifiable reasons, your request for an extension of two (2) years within which to pay the estate tax due on the estate of your late wife, Dalisay L. Nazareno, is hereby granted pursuant to Section 91 (B) of the Tax Code of 1997, as amended. Accordingly, you are hereby given until August 18, 2009 within which to pay the estate tax due on the estate of the late Dalisay L. Nazareno. 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 Dalisay L. Nazareno 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 tax pursuant to Section 249 of the Tax Code of 1997, as amended. HIaAED Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service