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ESTATE TAX

SOURCE : REVENUE REGULATIONS 2-2003

Procedures

The heirs/authorized representative/administrator/executor shall file the estate tax


return (BIR Form 1801) and pay the corresponding estate tax with the Authorized
Agent Bank (AAB), Revenue Collection Officer (RCO) or duly authorized Treasurer
of the city or municipality in the Revenue District Office having jurisdiction over
the place of domicile of the decedent at the time of his death, pursuant to
Section 90(D) of the Tax Code, as amended.

In case of a non-resident decedent, with executor or administrator in the


Philippines, the estate tax return shall be filed with the AAB of the RDO where such
executor/administrator is registered or is domiciled, if not yet registered with the
BIR.

For non-resident decedent with no executor or administrator in the Philippines, the


estate tax return shall be filed with the AAB under the jurisdiction of RDO No. 39
South Quezon City.

The heir/authorized representative/administrator/executor shall submit all the


applicable documentary requirements as prescribed in Annexes A-6 and A-6.1 of
Revenue Memorandum Order (RMO) No. 15-2003 and proof of payment to the
RDO having jurisdiction over the place of residence of the decedent or the RDO
where the executor or administrator is registered, or RDO No. 39 – South, Quezon
City, whichever is applicable. (part II, par.(4)of RMC No. 34-2013)

Payment of Estate Tax by installment - In case the available cash of the estate is
not sufficient to pay its total estate tax liability, the estate may be allowed to pay
the tax by installment and a clearance shall be released only with respect to the
property, the corresponding/computed tax on which has been paid. (Section
9(F) of RR 2-2003)

One-Time Transaction (ONETT) taxpayers who are classified as real estate


dealers/developers; those who are considered as habitually engaged in the sale
of real property and regular taxpayers already covered by eBlRForms. Thus,
taxpayers who are filing BIR Form No. 1706, 1707, 1800, 1801 and 2000-OT (for BIR
Form No. 1706 only) are excluded in the mandatory coverage from using the
eBIRForms (Section 4 (3) of Revenue Regulation No. 9-2016)

Please note that the time of payment will vary depending on the law applicable
at the time of the decedent’s death.

Deadlines

File the return within six (6) months from decedent's death. However, the
Commissioner may, in meritorious cases, grant extension not exceeding thirty (30)
days.

The Estate Tax imposed shall be paid at the time the return is filed by the executor
or administrator or the heirs. However, when the Commissioner finds that 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 extra-
judicially.

In all cases of transfers subject to tax, or where, though exempt from tax, the gross
value of the estate exceeds Twenty Thousand Pesos (P 20,000), Section 89 of the
National Internal Revenue Code of 1997 (Tax Code), as amended, provides that
the executor, administrator or any of the legal heirs, shall send a written notice of
death to the Commissioner within two (2) months after the decedent’s death or
within a like period after an executor or administrator qualify as such. (part II,
par.(1)of RMC No. 34-2013)

Please note that the time of filing will vary depending on the law applicable at
the time of the decedent’s death.

Extension of Time of Filing:

When the Commissioner finds that the payment of the estate tax or of any part
thereof would imposed 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 it settled extra-judicially.

Where the request for extension is by reason of negligence, intentional disregard


of rules and regulations, or fraud on the part of the taxpayer, no extension will be
granted by the Commissioner.

If an extension is granted, the Commissioner or his duly authorized representative


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

The request for extension shall be filed with the Revenue District Officer (RDO)
where the estate is required to secure its TIN and file the estate tax return. The
application shall be approved by the Commissioner or his duly authorized
representative.

Documentary Requirements

1. Notice of Death duly received by the BIR, if gross estate exceeds P20,000 for
deaths occurring on or after Jan. 1, 1998; or if the gross estate exceeds P3,000 for
deaths occurring prior to January 1, 1998

2. Certified true copy of the Death Certificate

3. Deed of Extra-Judicial Settlement of the Estate, if the estate is settled extra


judicially

4. Court Orders/Decision, if the estate is settled judicially;

5. Affidavit of Self-Adjudication and Sworn Declaration of all properties of the


Estate

6. A certified true copy of the schedule of partition of the estate and the order of
the court approving the same, if applicable
7. For manually issued title (red title), a certified true copy of the Original
Certificate of Title (OCT), Transfer Certificate of Title, or Condominium Certificate
of Title (CCT) in case of a condo unit;

For electronically issued title (blue title), a photocopy of the Original Certificate
of Title, Transfer Certificate of Title, or Condominium Certificate of Title (CCT) in
case of a condo unit

8. Certified true copy of the latest Tax Declaration of real properties at the time of
death, if applicable

9. "Certificate of No Improvement" issued by the Assessor's Office declared


properties have no declared improvement or Sworn Declaration/Affidavit of No
Improvement by at least one (1) of the transferees

10. Certificate of Deposit/Investment/Indebtedness owned by the decedent and


the surviving spouse, if applicable

11. Photo copy of Certificate of Registration of vehicles and other proofs showing
the correct value of the same, if applicable

12. Photo copy of certificate of stocks, if applicable

13. Proof of valuation of shares of stocks at the time of death, if applicable

 For listed stocks - newspaper clippings or certification from the Stock


Exchange
 For unlisted stocks - Audited Financial Statements duly certified by an
independent certified public accountant with computation of fair market
value per share at the time of death

14. Proof of valuation of other types of personal property, if applicable

15. Proof of claimed tax credit, if applicable

16. CPA Statement on the itemized assets of the decedent, itemized deductions
from gross estate and the amount due if the gross value of the estate exceeds
two million pesos, if applicable

17. Certification of Barangay Captain for claimed Family Home

18. Duly notarized Promissory Note for "Claims against the Estate" arising from
Contract of Loan

19. Accounting of the proceeds of loan contracted within three (3) years prior to
death of the decedent

20. Proof of the claimed "Property Previously Taxed"

21. Proof of claimed "Transfer for Public Use"

22. Copy of Tax Debit Memo used as payment, if applicable

23. Special Power of Attorney (SPA) from the transacting party if the latter is not
one of the parties to the Deed of Transfer

Additional requirements may be requested for presentation during audit of the


tax case depending upon existing audit procedures.