Tiongco Avencilla

August 4, 2009 BIR RULING [DA-(ET-013) 439-09] Section 90 (C); BIR Ruling [DA-(ET-003) 071-08] Tiongco Avencilla Flores & Palarca 21st Floor, Robinsons Equitable Tower 4 ADB Avenue, Ortigas Center Pasig City 1605 Attention: Jose Miguel C. Palarca Gentlemen : This refers to your letter dated June 2, 2009, requesting for an extension of thirty (30) days within which to file the estate tax return of the late Zenaida Cagampan Avencilla and pay the estate tax due thereon. It is represented that the late Zenaida Cagampan Avencilla died on December 7, 2008 without a will and that you are still in the process of determining the extent of the decedent's properties. 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 June 7, 2009, which is the last day for filing of the estate tax return of the late Zenaida Cagampan Avencilla, is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to July 7, 2009 pursuant to Section 90 (C) of the Tax Code of 1997, as amended. CcAITa 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 Zenaida Cagampan Avencilla 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. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service