BIR Ruling No. 4-2018

BUREAU OF INTERNAL REVENUE REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE Quezon City

BIR Ruling No. 276-2j 15 SECS. 90 (C), 91 (B) 249 No. 02-2003 NIRC of 1997, as ame aded Revenue Regulations (RR) #004-2018

1-10-2018

33rd Floor, The Orient Sqaure F. Ortigas, Jr. Rd., Ortigas Center MARTINEZ VERGARA GONZALEZ & SERRANO 1600 Pasig City

Attention: ATTY. JOANNESS S. BATIMANA

Gentlemen:

pursuant to Sections 90 (C) and 91 (B), respectively, of the National Internal R ivenue Kuhonta for an extension of time to file the estate tax return and pay the estate : ax due 10, 2016, and November 09, 2016 requesting on behalf of the heirs of Preci oso C Code of 1997, as amended. This refers to your letters dated August 10, 2016, September 13, 2016, ctober

heirs are still in the process of collating all the relevant documents pertaining to the since they are and have been residing outside the Philippines; and that due to the foregoing, you are requesting for an extension to file the estate tax return and j o fully pay the estate tax due thereon. properties left by the Decedent; that the heirs anticipate that they .will not be able to finalize and file the estate tax return as well as pay the estate tax by August 1: , 2016 It is represented that Precioso C. Kuhonta died on February 11, 2016; 1 iat the

National Internal Revenue Code of 1997, as amended, provide, viz. In reply thereto, please be informed that Sections 90 (C) and 91 (B) of the

"SEC. 90. Estate Tax Returns.

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

"SEC. 91. Payment of tax. -

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running of the Statute of Limitations for assessment as provided in impose undue hardship upon the estate or any of the heirs, he may five (5) years, in case the estate is settled through the courts, or two (2) years in case the estate is settled extrajudicially. In such case, the before the date of the expiration of the period of the extension, and the payment on the due date of the estate tax or of any part thereof would amount in respect of which the extension is granted shall be paid on or extend the time for payment of such tax or any part thereof not to exceed (B) Extension of Time. - When the Commissioner finds that the

ESTATE TAX OF PRECIOSO C. KUHONTA :004- :018 1-10- :018

Section 203 of this Code shall be suspended for the period of any such extension.

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or administrator, or beneficiary, as the case may be, to furnish a bond in such amount, not exceeding double the amount of the tax and with If an extension is granted, the Commissioner may require the executor, such sureties as the Commissioner deems necessary, conditioned upon the payment of the said tax in accordance with the terms of the extension."

hereby extended up to September 10, 2016. grant the request for an extension to file the estate tax return of thirty (30) days c ounted from August 11, 2016, which is the last day for filing of the estate tax return of 1 he late Precioso C. Kuhonta. Thus, the filing of the said estate tax return of the dece lent is Based on the foregoing representations, this Office finds justifiable re: son to

tax is hereby granted up to the period of two (2) years in case the estate is settled that the executor, or administrator, or beneficiary, shall furnish a bond in such a pount, extrajudicially or five (5) years in case the estate is settled through the courts, re koned not exceeding double the amount of the tax and with such sureties as the Commi sioner deems necessary, conditioned upon the payment of the said tax in accordance u ith the terms of the extension. from actual filing of the return or on August 11, 2016, whichever comes first, pi ovided Moreover, your request for extension of the time within which to pay th, estate

corresponding interest that shall have accrued thereon up to the time of paymen of the estate tax due on the transmission by the said estate of its properties in favor of tr e heirs pursuant to Section 249 of the National Internal Revenue Code of 1997, as ame (ded. It shall be understood, however, that the estate shall be liable ior the

However, if upon investigation, it will be disclosed that the facts are different, tl en this ruling shall be considered null and void. This ruling is being issued on the basis of the foregoing facts as repre fented.

Very truly yours,

Aw

Commissioner of Internal R ivenue CAESAR R. DULA

012508

K-I-LMAT