BIR Ruling No. 347-2018

REPUBLIC OF THE PHILIPPINES

BUREAU OF INTERNAL REVENUE DEPART'MENT OF FINANCE

Quezon City

Secs.90 (C),91(B) and 249 BIR Ruling No. 475- 2017 of the NIRC, as amended

: 347-2018 3-7-2018

Pasig City ESTATE OF CLARITO M. ESTORCO 1661 Ampalaya St., Napico Manggahan

Sir: Attention: Mr. Clar-Gerund C. Estorco Legal Heir

of CLARITO M. ESTORCO, an extension of time within which to file the estate tax return and pay the corresponding estate tax. This refers to your letter dated Juty 26, 2017 requesting on behalf of the other heirs

it is represented that CLARITO M. ESTORCO died on May 7, 2017, in 166l Ampalaya St., Napico Manggahan, Pasig City, and that your reason for your request of an for your Medical Technology Board Examination and that you have problems to fix extension to file the estate tax return and pay estate tax is that you need more time to review including the documents which your late father has concerns.

of 1997, as amended, provide, viz.: In repty thereto, please be informed that Sections 90 (C) and 91 (B) of the Tax Code

"SEC. 90. Estate Tax Returns.

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{C)Extension of Time. The Commissioner shall have authority to grant, in meritorious cases, a reasonabte extension not exceeding thirty (30) days for filing the return."

"SEC. 91. Payment of tax.

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1:347-2018 3-7-2018

Estate of Clarito M. Estorco RE: Extension Period' Estate Tax Page 2 of 3

(B)Extension of Time. - When the

Cornmissioner finds that the payment on the due date of the estate tax or of any part thereof would impose undue hardship upon the estate or any of the heirs, he may extend the time for payment of such tax or any part thereof not to exceed five (5) years, in case the estate is settled through the courts, or two (2) years in case the estate is settled extajudicially. In such cast, the amount in respect of which the extension is granted shall be paid on or before the date of the expi#ation of the period of the extension, and the running of the Statute of Limitations for assessment as provided in Section 203 of this Code shall be

suspended for the period of any such extension."

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If an exterision is granted, the Commissioner

may require the executor, or administrator, or beneficiary- as the case may be, to furnish a bond in such: arnount. not exceeding double the amount of the tax and with such sureties as the Commissioner deeins necessary. conditioned upon the payment of the said tax in accordance with the terms of the extension.

Based on the foregoing justifiable reason, your request for an extension to file the

estate tax return for the Estate is hereby granted for a period of thirty (30) days counted

from Novernher 7, 2017. which is the !ast day for filing of the estate tax return of the late

CL ARITO M. ESTORCO. Thus, the filing of the estate tax return of the decedent is hereby

extended up to Decernber 7. 201'7. (BIR Ruling No. 475-17 dated October 12, 201.7)

Further, since you are reviewing for your Medical Technology Board Examination

and you have probiems to fix including the documents which your late father has concerns,

your :equest for extension is GRANTED. such that the executor/administrator or heirs of

CLARITO M. ESTORCO shall pay the estate tax within two (2) years from actual filing

of the estate: tax return on or before December 7, 2019, whichever comes first, provided

that the executor, or administrator, or beneficiary, shall furnish a bond in such amount, not

exceeding double the amount of the tax and with such sureties as the Commissioner deems

necessary, conditioned upon the payment of the said tax in accordance with the terms of

the extension. (BIR Ruling No. 475-17 dated October 12, 2017)

#347-2018 3-7-2018

Estate of Clarito M. Estorco RE: Extension Period/ Estate Tax Page 3 of 3

It shall be understood, however, that the estate shall be liable for the corresponding. interest that shall have accrued thereon up to the time of payment of the estate tax due on the transmission by the said estate of its properties in favor of the heirs pursuant to Section 249 of the Tax Code of 1997, as amended. (BIR Ruling No. 475-17 dated October 12, 201 7)

This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disciosed that the facts are different, then this ruling shall be considered rull and void.

Very truly yours, 1oomy CAESAR R. DULAY Commissioner of Internal Revenue 014074

K-Y-JAC