Merle E. Villacorta

July 13, 2009 BIR RULING [DA-(ET-009) 368-09] 90 (C); BIR Ruling [DA-(ET-003) 071-08] Merle E. Villacorta Administrator c/o Buag & Uy Law Offices 10th Floor Strata 100 Building F. Ortigas, Jr., Road Ortigas Center, Pasig City Madam : This refers to your letter dated June 26, 2009, requesting for an extension of thirty (30) days within which to file the estate tax return of the late Gloria A. Esteban and pay the estate tax due thereon. CAHTIS It is represented that the late Gloria A. Esteban died on January 30, 2009; that you filed a notice of her death last February 09, 2009 at BIR-Revenue District Office No. 77, Bacolod City; and that you are still in the process of gathering and locating the properties constituting the estate of the decedent; and that the same left a will and is now subject of probate proceedings in the Regional Trial Court in Bacolod City. 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 extra judicially 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 July 30, 2009, which is the last day for filing of the estate tax return of the late Gloria A. Esteban, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to August 29, 2009 pursuant to Section 90 (C) of the Tax Code of 1997, as amended. 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 Gloria A. Esteban 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. DTIACH Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service