BIR Ruling No. 68-2018

REPUBLIC OF THE PIIILIPPINES DEPARTMENT OF FINANCE B{'REAU OF INTERI.{AL REVENUE Quezon Cif1, tl Secs. 90(C); 91(B) &249,1997 NIRC. RR No. 2-2003 Ms. Leonila Robes Matias Compound, Evergreen Subdir,ision BIR Ruling No. 276-2015 Bagumbong, Caloocan City BIR Ruiins No. 247-2015 t:rnUIQUU-'Umr IU!l G25-241b Madam: This refer to your undated letter received by tiiis Office on December 74,2016 stating thatLapazZufltga Matias died on June 23. 2016. By reason of the decedeni being previousil, hospiialized, the heirs are now financially depleted and now request for an extension of tirne within which tc file the estate tax return and to pay the estate tax due thereon. In repll,thereto. please be infbrmed that Sections 90 (C) and 9i (B) of the Tax Code of 1997 provide. viz.: ,,SEC, 90. Estute Tu Rcturtts. I',IT ifxif , (C) Extensictn o/ Time. - The Contmissictner shall have authorirr^ lo gratlt. in not exceecling thir4, (30) daysforfling the return." nteritorious cases', ct reasonable extensiotr "sEC. 9/. Pavmenl of tax. - -.r-tt )r"Tif ,t"1;x (B) Exlension of Tirue. I4lhen the Conrmissioner.finds that the payment on the - ciuc date of the estate tac or of an, part thereoj'wc.tuld intpose undue hardship ttpon the estate or " ary o"/'the heirs, he may q1.r4 tre time .fbr pavment of such tax ot an), part thereof not to exceed ./ive (51 years, itt case the eslulc is settled throup;h the cow"ts, or two (2) years in case the estate is settled extujudicially. In sttch case, the anlounl in respecl oJ which the extension is granted shall be paid on or before the dalc o.f thc expiration of the period of tlte extension, and the running oJ' the Statute of Limitations .for assessntenl as provided in Section 203 of this Code shall be strspended.fctr the period o./ an.y sysh extension. tII XXX .TJrX If an extension is granted. the Commissioner ntu1, reqttire the executor. or adniuistrator, or beneJiciarl'. as the case nxcr.' be, to.fitrnish a bond in such amounl, nol exceeding double the unxounl of the tcu: andwith such sureties as the Contntissioner deems necessaty, conditioned ttpon the pavntent o/'the said tar irt accordance with the terms of the exlension."' Based on tire loregoing justifiable reasoll. vour lequest for an extension to file the estate tax retum is herebl'qranted fol a peliod of thirt) (30) days counted from December 23. 2016. which is the last cial fbr filing of the estate tax retu:n of the lateLapazZuirtga Matias. Thus. tlre fiiing of the said estate tax return of the decedent is herebl' extended up to Januar 22.2017 . "v

*a58-?c1c r la/-c^?.e, ^-./ai lr ' Heirs ol Lapaz Z. Matias (extension to fiie estate rax rerumJ Page 2 of2 Futhermore, since you are to collate documents and information necessaq/ for the preparation of the said leturn. vou have two (2) years (where the estate will be settled extra- judiciall"v) within which to pa1' the estate tax. Thus, the heirs shali pay the estate tax witliin 2 years reckoned from actual filing of the return or on before December 23,2016, whichever comes first. provided that the executor- or administrator, or beneficiar5,, .6u1f furnish a bond in such amount, not exceeding double the amount of the tax and with such sureties as ihe Conmissioner deems necessar)'. conditioned upon the payment of the said tax in accordance u,ith the tems of the extension. it shali be understood. however, that the estatc- tax shali be liabie for the corresponding interest that shali have accrued from January 22,7017 up to the time of pal,ment of the estate tax due on the transmission by the said estate of its properties in favor of tire heirs pursuant to Section 249 of the Tax Code of 1997. as amended. (BIR Ruling No. 247-15 dared July 15, 20i5) This ruiing is being issued on the basis of the foregoing facts as represented. However. if upon investigation, it will be disclosed that the facts are different. then this ruling shall be considered nrill and void. Very truly youffi, K-i.RFR "&*'kL'" CAESAR R. DULA}' \robes2-ext tu alzTgT Commissioner of Intemal Revenue