Request for the Waiver of the Penalties on Estate Tax Due

December 11, 1997 BIR RULING NO. 133-97 000-00 133-97 Ms. Naila P. Bueno 120 Scout Lozano St., T. Morato Avenue Quezon City M a d a m : This refers to your letter dated September 4, 1997 which was referred to this Office by Revenue Region No. 7, Quezon City by way of its 1st Indorsement dated September 7, 1997, requesting that you be allowed to pay without penalty the estate tax due on the transmission of the estate of your husband, the late Edgar M. Bueno, who died on June 10, 1992. You have represented that the late Edgar M. Bueno was a co-owner of a 180 square meters lot located in K 5th Kamuning, Quezon City; that you were not able to settle the estate tax immediately because of financial incapacity; that you were just earning P6,000.00 a month and have three (3) children to support; that recently, you were able to earn P15,000.00 from your commission, which you are now willing to part with to settle the estate tax; that it was only on September 19, 1997 that you filed the estate tax return and paid the estate tax due in the amount of P12,549.35; that you were informed by the Acting Regional Director, Ms. Virginia L. Trinidad, that the amount of P27,062.00 is still due from the estate of Edgar M. Bueno representing the penalties for late filing of the estate tax return and payment of the estate tax due on the transmission of the said estate to the heirs of the late Edgar M. Bueno. In reply, please be informed that in view of the aforestated justifiable reason, your request for the waiver of the penalties in the total amount of P27,062.00 on the assessment made by the BIR Regional Office in Quezon City, is hereby granted. Inasmuch as you have already paid the estate tax on September 19, 1997 in the amount of P12,549.35 representing the basic estate tax, the Revenue District Officer of the revenue district where the decedent was previously registered may now issue the corresponding Tax Clearance (TCL) Certificate authorizing the registration of the said real property in favor of the heirs of the late Edgar M. Bueno. It is of course understood that the acceptance by the Bureau of your payment in the amount of P12,549.35 does not preclude us from conducting an investigation/verification of the estate tax liability and for issuing an assessment notice against you if it is found out that there is a deficiency in the payment made. Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue