Grant of Request for Extension to File Estate Tax Return
BIR Ruling No. 150-99 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Sep 23, 1999
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September 23, 1999 BIR RULING NO. 150-99 90 (C)-321-98-150-99 Elisco P. Pitargue Certified Public Accountant Rm. 310 JR Building Quezon Avenue, Quezon City Attention: Mr . Elisco P . Pitargue Gentlemen : This refers to your letter dated September 16, 1999 requesting on behalf of the Estate of the late Clementina Posadas for an extension of thirty (30) days within which to file the estate tax return pursuant to Section 90(C) of the Tax Code of 1997. LibLex It is represented that the late Clementina Posadas died on March 23, 1999; and that your above request for an extension of thirty (30) days to file the estate tax return of the decedent is being made for the following reasons: 1. That the deceased at the time of her death left no cash on hand and the heirs are presently negotiating for a loan to pay the estate tax due which is approximately P60,000 to P70,000 and has to be paid upon the filing of the return, and giving them another month to raise the amount for the tax due will considerably lighten the problem that the heirs are now facing; 2. That the heirs have not yet fully gathered all the supporting receipts of the doctor's medical fees and medicines prescribed within one (1) year prior to the death of said deceased which if duly substantiated may substantially reduce the estate tax due and payable; 3. That the debts incurred by the deceased during her long illness have not yet been fully documented because some of the persons who extended the loans are abroad and they have yet to authenticate the documents of said loans before the consulates abroad; and 4. That the gross estate of the said decedent amounts to more than P8 Million and that the heirs are required to submit all necessary papers which shall support all items in the audit certificate. In reply, please be informed that in view of the aforesaid justifiable reasons, your request for an extension of thirty (30) days up to October 23, 1999 within which to file the estate tax return of the said estate is hereby granted pursuant to Section 90(C) of the Tax Code of 1997. It shall be understood, however, that the estate shall be liable to the corresponding interest that have accrued thereon up to the time of filing of the return and payment of the estate tax due on the transmission of the said estate to the heirs pursuant to Section 249 of the Tax Code of 1997. (BIR Ruling No. DA-321-98 dated July 17, 1998) Very truly yours, (SGD.) ESTELITA C. AGUIRRE Officer-In-Charge Commissioner of Internal Revenue
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