ESTATE TAX
Section 84 decedent alone or by the decedent in
Rates of Estate Tax
TRAIN LAW: The net state of every decendent,
whether resident or non-resident
of the Philippines
= 6%
Section 85
Gross Estate
Residents and Citizens: The value at the time of
his death of all property, real or personal, tangible
or intangible, wherever situated.
Nonresident Aliens: Only that part of the entire
gross estate which is situated in the Philippines
shall be included in his taxable estate.
A. Decedent's Interest
To the extent of the interest therein of the
decedent at the time of his death
B. Transfer in Contemplation of Death
To the extent of any interest therein of
which the decedent has at any time made
a transfer, by trust or otherwise, in
contemplation of or intended to take
effect in possession or enjoyment at or
after death, or of which he has at any time
made a transfer, by trust or otherwise,
under which he has retained for his life or
for any period which does not in fact end
before his death (1) the possession or
enjoyment of, or the right to the income
from the property, or (2) the right, either
alone or in conjunction with any person,
to designate the person who shall
possess or enjoy the property or the
income therefrom; except in case of a
bonafide sale for an adequate and full
consideration in money or money's
worth.
C. Revocable Transfer
To the extent of any interest therein, of
which the decedent has at any time made
a transfer except in case of a bona fide
sale for an adequate and full
consideration in money or money's
worth, by trust or otherwise, where the
enjoyment thereof was subject at the
date of his death to any change
through the exercise of a power (in
whatever capacity exerciseable) by the
conjunction with any other person
(without regard to when or from what
source the decedent acquired such
power), to alter, amend, revoke, or
terminate, or where any such power is
relinquished in contemplation of the
decedent's death.
The power to alter, amend or revoke
exists on the date of the decedent's death
(even though the exercise of the power is
subject to a precedent giving of notice or
even though the alteration, amendment
or revocation takes effect only on the
expiration of a stated period after the
exercise of the power, whether or not on
or before the date of the decedent's
death notice has been given or the power
has been exercised)
In such cases, proper adjustment shall
be made representing the interests which
would have been excluded from the
power if the decedent had lived.
If the notice has not been given or the
power has not been exercised on or
before the date of his death - notice
shall be considered to have been
given, or the power exercised, on the
date of his death.
D. Property Passing Under General Power
of Appointment
To the extent of any property passing
under a general power of appointment
exercised by the decedent:
1. by will
2. by deed executed in
contemplation of, or intended to
take effect in possession or
enjoyment at, or after his death,
or
3. by deed under which he has
retained for his life or any period
not ascertainable without
reference to his death or for any
period which does not in fact
end before his death
The possession or enjoyment of, or the
right to the income from, the property, or
the right, either alone or in conjunction
 ESTATE TAX
with any person, to designate the
persons who shall possess or enjoy the
property or the income therefrom.
Except: in case of a bona fide sale for
an adequate and full consideration in
money or money's worth.
E. Proceeds of Life Insurance
1. To the extent of the amount
receivable by the estate of the
deceased, his executor, or
administrator, as insurance under
policies taken out by the decedent
upon his own life (irrespective of
whether or not the insured retained
the power of revocation) or
2. to the extent of the amount
receivable by any beneficiary
designated in the policy of insurance
except when it is expressly stipulated
that the designation of the
beneficiary is irrevocable.
F. Prior Interests
Except as otherwise specifically provided
therein, Subsections (B Transfer in
Contemplation of Death.), (C Revocable
Transfer) and (E Proceeds of Life
Insurance) of this Section shall apply to
the transfers, trusts, estates,
interests, rights, powers and
relinquishment of powers, as severally
enumerated and described therein,
whether made, created, arising, existing,
exercised or relinquished before or after
the effectivity of this Code.
G. Transfers of Insufficient Consideration
If any one of the transfers, trusts,
interests, rights or powers enumerated
and described in Subsections (B Transfer
in Contemplation of Death.), (C
Revocable Transfer)and (D Property
Passing Under General Power of
Appointment) of this Section is made,
created, exercised or relinquished for a
consideration in money or money's
worth, but is not a bona fide sale for an
adequate and full consideration in
money or money's worth, there shall be
included in the gross estate only the
excess of the fair market value, at the
time of death, of the property
otherwise to be included on account
of such transaction, over the value of
the consideration received therefor by
the decedent.
H. Capital of the Surviving Spouse
The capital of the surviving spouse of
a decedent shall not be deemed a part
of his or her gross estate.
Section 86
Computation of Net Estate
The value of the net estate shall be determined:
Deductions Allowed to the Estate of Citizen
or a Resident
1. Expenses, Losses, Indebtedness, and
taxes
a) For actual funeral expenses or in an
amount equal to five percent (5%) of the
gross estate, whichever is lower, but in
no case to exceed Two hundred
thousand pesos (P200,000)
b) For judicial expenses of the testamentary
or intestate proceedings
c) For claims against the estate, provided:
at the time the indebtedness was
incurred the debt instrument was
duly notarized and
if the loan was contracted within
three (3) years before the death
of the decedent, the
administrator or executor shall
submit a statement showing the
disposition of the proceeds of the
loan;
For claims of the deceased against
insolvent persons where the value of
decedent's interest therein is included in
the value of the gross estate; and
For unpaid mortgages upon, or any
indebtedness in respect to, property where
the value of decedent's interest therein,
undiminished by such mortgage or
indebtedness, is included in the value of the
gross estate, but not including any income
tax upon income received after the death of
 ESTATE TAX
the decedent, or property taxes not accrued
before his death, or any estate tax.
The deduction herein allowed in the case of
claims against the estate, unpaid mortgages
or any indebtedness shall, when founded
upon a promise or agreement, be limited to
the extent that they were contracted bona
fide and for an adequate and full
consideration in money or money's worth.
There shall also be deducted losses
incurred during the settlement of the estate
arising from fires, storms, shipwreck, or
other casualties, or from robbery, theft or
embezzlement, when:
 losses are not compensated for by
insurance or otherwise, and
 if at the time of the filing of the return
such losses have not been claimed as a
deduction for the income tax purposes
in an income tax return, and
 such losses were incurred not later than
the last day for the payment of the
estate tax as prescribed in Subsection
(A) of Section 91.
2. Property Previously Taxed
An amount equal to the value specified
below of any property forming a part of
the gross estate situated in the
Philippines of any person who died
within five (5) years prior to the death of
the decedent, or transferred to the
decedent by gift within five (5) years prior
to his death, where such property can be
identified as having been received by the
decedent from the donor by gift, or from
such prior decedent by gift, bequest,
devise or inheritance, or which can be
identified as having been acquired in
exchange for property so received:
one hundred percent if the prior decedent died
(100%) of the value within one (1) year prior
to the death of the
decedent, or if the
property was transferred
to him by gift within the
same period prior to his
death
eighty percent (80%) of if the prior decedent died
the value more than one (1) year
but not more than two (2)
years prior to the death
of the decedent, or if the
property was transferred
to him by gift within the
same period prior to his
death
sixty percent (60%) of if the prior decedent died
the value more than two (2) years
but not more than three
(3) years prior to the
death of the decedent, or
if the property was
transferred to him by gift
within the same period
prior to his death
forty percent (40%) of if the prior decedent died
the value more than three (3)
years but not more than
four (4) years prior to the
death of the decedent, or
if the property was
transferred to him by gift
within the same period
prior to his death
twenty percent (20%) of if the prior decedent died
the value more than four (4) years
but not more than five (5)
years prior to the death
of the decedent, or if the
property was transferred
to him by gift within the
same period prior to his
death
These deductions shall be allowed only
where:
a donor's tax or estate tax was finally
determined and paid by or on behalf
of such donor, or the estate of such
prior decedent, as the case may be,
and only in the amount finally
determined as the value of such
property in determining the value of
the gift, or the gross estate of such
prior decedent, and only to the
extent that the value of such
property is included in the
decedent's gross estate
If in determining the value of the
estate of the prior decedent, no
deduction was allowable in respect
of the property or properties given in
exchange therefor.
Where a deduction was allowed of
any mortgage or other lien in
determining the donor's tax, or the
estate tax of the prior decedent, which
 ESTATE TAX
was paid in whole or in part prior to the
decedent's death - the deduction
allowable shall be reduced by the
amount so paid
Such deduction allowable shall be
reduced by an amount which bears
the same ratio to the amounts allowed
as deductions as the amount
otherwise deductible under said
paragraph (2) bears to the value of the
decedent's estate.
Where the property referred to
consists of two or more items - the
aggregate value of such items shall
be used for the purpose of computing
the deduction.
3. Transfers for Public Use
The amount of all the bequests,
legacies, devises or transfers to or for
the use of the Government of the
Republic of the Philippines, or any
political subdivision thereof, for
exclusively public purposes.
4. The Family Home
An amount equivalent to the current fair
market value of the decedent's family
home
 If the said current fair market
value exceeds One million pesos
(P1,000,000), the excess shall
be subject to estate tax.
 Said family home must have been
the decedent's family home as
certified by the barangay captain
of the locality.
5. Standard Deduction.
An amount equivalent to Five million
pesos (P5,000,000).
6. Medical Expenses
Medical Expenses incurred by the
decedent within one (1) year prior to
his death which shall be duly
substantiated with receipts:
 Provided: in no case shall the
deductible medical expenses
exceed Five Hundred Thousand
Pesos (P500,000).
(7) Amount Received by Heirs Under
Republic Act No. 4917. - Any amount
received by the heirs from the decedent -
employee as a consequence of the
death of the decedent-employee in
accordance with Republic Act No. 4917:
Provided, That such amount is included
in the gross estate of the decedent.
Deductions Allowed to Nonresident Estates
In the case of a nonresident not a citizen of the
Philippines, by deducting from the value of that
part of his gross estate which at the time of his
death is situated in the Philippines:
1. Standard Deduction
P 500.00 shall be allowed without need of
substantiation.
2. Expenses, Losses, Indebtedness and
Taxes.
That proportion of the deductions specified in
paragraph (1) of Subsection (A) of this
Section which the value of such part bears to
the value of his entire gross estate wherever
situated
3. Property Previously Taxed
An amount equal to the value specified below
of any property forming part of the gross
estate situated in the Philippines of any
person who died within five (5) years prior
to the death of the decedent, or
transferred to the decedent by gift within
five (5) years prior to his death, where such
property can be identified as having been
received by the decedent from the donor by
gift, or from such prior decedent by gift,
bequest, devise or inheritance, or which can
be identified as having been acquired in
exchange for property so received
one hundred percent if the prior decedent
(100%) of the value died within one (1)
year prior to the death
of the decedent, or if
the property was
transferred to him by
gift, within the same
period prior to his
death
eighty percent (80%) if the prior decedent
of the value died more than one
(1) year but not more
than two (2) years
prior to the death of
the decedent, or if the
 ESTATE TAX

property was time of his death is situated in the

transferred to him by Philippines;
gift within the same and only if, in determining the value of the
period prior to his net estate of the prior decedent, no
death deduction is allowable in respect of
sixty percent (60%) of if the prior decedent the property or properties given in
the value died more than two (2) exchange therefore.
years but not more Where a deduction was allowed of any
than three (3) years mortgage or other lien in determining
prior to the death of the donor's tax, or the estate tax of the
the decedent, or if the prior decedent, which was paid in whole
property was or in part prior to the decedent's
transferred to him by death, then the deduction allowable
gift within the same under said paragraph shall be reduced
period prior to his by the amount so paid.
death Such deduction allowable shall be
forty percent (40%) of if the prior decedent reduced by an amount which bears the
the value died more than three same ratio to the amounts allowed as
(3) years but not more deductions under paragraphs (1) and (3)
than four (4) years of this Subsection as the amount
prior to the death of otherwise deductible under paragraph
the decedent, or if the (2) bears to the value of that part of the
property was decedent's gross estate which at the time
transferred to him by of his death is situated in the Philippines.
gift within the same Where the property referred to consists
period prior to his of two (2) or more items, the aggregate
death value of such items shall be used for the
twenty percent (20%) if the prior decedent purpose of computing the deduction.
of the value died more than four 4. Transfers for Public Use
(4) years but not more Amount of all bequests, legacies, devises
than five (5) years or transfers to or for the use of the
prior to the death of Government of the Republic of the
the decedent, or if the Philippines or any political
property was subdivision thereof, for exclusively
transferred to him by public purposes.
gift within the same
period prior to his Share in the Conjugal Property
death
The net share of the surviving spouse in the
These deductions shall be allowed only where:
conjugal partnership property as diminished
by the obligations properly chargeable to such
a donor's tax, or estate tax imposed property shall, be deducted from the net estate
under this Title is finally determined of the decedent.
and paid by or on behalf of such
donor, or the estate of such prior
Note: After deducting the allowable deductions
decedent, as the case may be, and
appertaining to the conjugal or community
only in the amount finally determined
properties included in the gross estate, the share
as the value of such property in
of the surviving spouse must be removed to
determining the value of the gift, or
ensure that only the decedent’s interest in the
the gross estate of such prior
estate is taxed.
decedent, and
only to the extent that the value of such
property is included in that part of the Miscellaneous Provisions
decedent's gross estate which at the
 ESTATE TAX
No deduction shall be allowed in the case of a
nonresident not a citizen of the Philippines
[unless the executor, administrator, or anyone of
the heirs, as the case may be, includes in the
return required to be filed the value at the time of
his death of that part of the gross estate of the
nonresident not situated in the Philippines].
Tax Credit for Estate Taxes paid to a Foreign
Country
In General: The tax imposed by this Title shall be
credited with the amounts of any estate tax
imposed by the authority of a foreign country.
Limitations on Credit:
a) The amount of the credit in respect to
the tax paid to any country shall not
exceed the same proportion of the
tax against which such credit is
taken, which the decedent's net estate
situated within such country taxable
bears to his entire net estate; and
b) The total amount of the credit shall
not exceed the same proportion of
the tax against which such credit is
taken, which the decedent's net estate
situated outside the Philippines
taxable bears to his entire net estate.
Section 87
Exemption of Certain Acquisitions and
Transmissions
The following shall not be taxed:
A. The merger of usufruct in the owner of
the naked title;
B. The transmission or delivery of the
inheritance or legacy by the fiduciary heir
or legatee to the fideicommissary;
C. The transmission from the first heir,
legatee or donee in favor of another
beneficiary, in accordance with the desire
of the predecessor; and
D. All bequests, devises, legacies or
transfers to social welfare, cultural and
charitable institutions, no part of the net
income of which insures to the benefit of
any individual: Provided, however, that
not more than thirty percent (30%) of the
said bequests, devises, legacies or
transfers shall be used by such
institutions for administration
purposes.
Section 88
Determination of the Value of the Estate
A. Usufruct
To determine the value of the right of
usufruct, use or habitation, as well as
that of annuity, there shall be taken into
account the probable life of the
beneficiary in accordance with the latest
Basic Standard Mortality Table, to be
approved by the Secretary of Finance,
upon recommendation of the Insurance
Commissioner.
B. Properties
The estate shall be appraised at its fair
market value as of the time of death.
Real Property as of the time of death
shall be whichever is higher of:
1. The fair market value as
determined by the
Commissioner, or
2. The fair market value as shown
in the schedule of values fixed
by the Provincial and City
Assessors.
Section 89
Notice of Death to be Filed
In all cases of transfers subject to tax, or where,
though exempt from tax, the gross value of the
estate exceeds Twenty thousand pesos
(P20,000), the executor, administrator or any of
the legal heirs, as the case may be, within two
(2) months after the decedent's death, or within
a like period after qualifying as such executor or
administrator, shall give a written notice thereof
to the Commissioner.
Section 90
Estate Tax Returns
Requirements:
In all cases of tax transfers subject to the tax
imposed herein or regardless of the gross
 ESTATE TAX
value of the estate, where the said estate
consists of registered or registrable property
such as real property, motor vehicle, shares
of stock or other similar property for which a
CERTIFICATE AUTHORIZING REGISTRATION
from the Bureau of Internal Revenue is
required as a condition precedent for the
transfer of ownership thereof in the name of
the transferee, the executor, or the
administrator, or any of the legal heirs, as the
case may be, shall file A RETURN UNDER
OATH IN DUPLICATE, setting forth:
1. The value of the gross estate of the
decedent at the time of his death
(Nonresident, not a citizen of the
Philippines: of that part of his gross
estate situated in the Philippines);
2. The deductions allowed from gross
estate in determining the estate as
defined in Section 86; and
3. Such part of such information as may
at the time be ascertainable and such
supplemental data as may be
necessary to establish the correct
taxes.
NOTE: Estate tax returns showing a gross
value exceeding Five million pesos
(P5,000,000) shall be supported with a
statement duly certified to by a Certified Public
Accountant containing the following:
a. Itemized assets of the decedent with their
corresponding gross value at the time of
his death (nonresident, not a citizen of
the Philippines: of that part of his gross
estate situated in the Philippines)
b. Itemized deductions from gross estate
allowed in Section 86; and
c. The amount of tax due whether paid or
still due and outstanding.
Time for filing:
For the purpose of determining the estate tax, the
estate tax return required shall be filed within one
(1) year from the decedent's death.
A certified copy of the schedule of partition and
the order of the court approving the same shall be
furnished the Commissioner within thirty (30)
after the promulgation of such order.
Extension of Time
The Commissioner, or any Revebue Officer
authorized by him shall have authority to grant, in
meritorious cases, a reasonable extension not
exceeding thirty (30) days for filing the return.
The application for extention must be filed with th
REVENUE DISTRICT OFFICER (RDO) where
the estate is required to secure its TIN.
A. Place of Filing
1 authorized agent bank
2 Revenue District Officer
3 Collection Officer
4 duly authorized Treasurer of the city or
municipality in which the decedent was
domiciled at the time of his death or
5 if there be no legal residence in the
Philippines, with the Office of the
Commissioner
Except in cases where the Commissioner
otherwise permits
Section 91
Payment of Tax
Time of Payment:
 At the time the return is filed by the executor,
administrator or the heirs
Extension of Time:
 When the Commissioner 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 extrajudicially.
 In such case, the amount in respect of which
the extension is granted shall be paid on or
before the date of the expiration 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
 ESTATE TAX
be suspended for the period of any such
extension.
 Where the taxes are assessed 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 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 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.
 Any amount paid after the statutory due date
of the tax, but within the extension period,
shall be subject to interest but not to
surcharge.
Payment of the estate by installment and partial
disposition of estate:
Cash Installment:
1. The cash installments shall be made
within two years from the date of filing of
the estate tax return
2. The estate tax return shall be filed within
one year from the date of decedent’s
death
3. The frequency ( i.e. monthly, quarterly,
semi-annually, or annually), deadline
and amount od each installment shall be
indicated in the estate tax return, subject
to the prior approval of the BIR;
4. In case of lapse of two years without
payment of the entire tax due, the
remaining balance thereof shall be due
and demandable subject to applicable
penalties and interest reckoned from the
prescribed deadline for filing the return
and payment of the estate tax;
5. No civil penalties or interest may be
imposed on estates permitted to pay the
estate tax due by installment. Nothing,
however, prevents the Commissioner
from executing enforcement action
against the estate after the due date of
the estate tax provided that all the
applicable laws and required procedures
are followed/observed.
Liability for Payment:
 The estate tax imposed by Section 84 shall
be paid by the executor or administrator
before delivery to any beneficiary of his
distributive share of the estate.
 Such beneficiary shall to the extent of his
distributive share of the estate, be
subsidiarily liable for the payment of such
portion of the estate tax as his distributive
share bears to the value of the total net
estate.
 The term 'executor' or 'administrator'
means the executor or administrator of the
decedent
 if there is no executor or administrator
appointed, qualified, and acting within the
Philippines, then any person in actual or
constructive possession of any property of
the decedent.
Section 92
Discharge of Executor or Administrator from
Personal Liability
If the executor or administrator makes a written
application to the Commissioner for
determination of the amount of the estate tax and
discharge from personal liability therefore, the
Commissioner (as soon as possible, and in any
event within one (1) year after the making of such
application, or if the application is made before
the return is filed, then within one (1) year after
the return is filed, but not after the expiration of
the period prescribed for the assessment of the
tax in Section 203 shall not notify the executor or
administrator of the amount of the tax. The
executor or administrator, upon payment of the
amount of which he is notified, shall be
discharged from personal liability for any
deficiency in the tax thereafter found to be due
and shall be entitled to a receipt or writing
showing such discharge.
Section 93
Definition of Deficiency
The amount by which the tax imposed by this
Chapter exceeds the amount shown as the tax by
the executor, administrator or any of the heirs
upon his return; but the amounts so shown on the
return shall first be increased by the amounts
previously assessed (or collected without
assessment) as a deficiency and decreased by
 ESTATE TAX
the amount previously abated, refunded or
otherwise repaid in respect of such tax; or
If no amount is shown as the tax by the executor,
administrator or any of the heirs upon his return,
or if no return is made by the executor,
administrator, or any heir, then the amount by
which the tax exceeds the amounts previously
assessed (or collected without assessment) as a
deficiency; but such amounts previously
assessed or collected without assessment shall
first be decreased by the amounts previously
abated, refunded or otherwise repaid in respect
of such tax.
Section 94
Payment before Delivery by Executor or
Administrator
No judge shall authorize the executor or judicial
administrator to deliver a distributive share to any
party interested in the estate unless a
certification from the Commissioner that the
estate tax has been paid is shown.
Section 95
Duties of Certain Officers and Debtors
Registers of Deeds shall not register in the
Registry of Property any document transferring
real property or real rights therein or any chattel
mortgage, by way of gifts inter vivos or mortis
causa, legacy or inheritance, unless a
CERTIFICATION from the Commissioner that
the tax fixed in this Title and actually due thereon
had been paid is show, and they shall
immediately notify the Commissioner, Regional
Director, Revenue District Officer, or Revenue
Collection Officer or Treasurer of the city or
municipality where their offices are located, of the
non payment of the tax discovered by them. Any
lawyer, notary public, or any government officer
who, by reason of his official duties, intervenes in
the preparation or acknowledgment of
documents regarding partition or disposal of
donation intervivos or mortis causa, legacy or
inheritance, shall have the duty of furnishing the
Commissioner, Regional Director, Revenue
District Officer or Revenue Collection Officer of
the place where he may have his principal office,
with copies of such documents and any
information whatsoever which may facilitate the
collection of the aforementioned tax. Neither shall
a debtor of the deceased pay his debts to the
heirs, legatee, executor or administrator of his
creditor, unless the certification of the
Commissioner that the tax fixed in this Chapter
had been paid is shown; but he may pay the
executor or judicial administrator without said
certification if the credit is included in the
inventory of the estate of the deceased.
Section 96
Restitution of Tax Upon Satisfaction of
Outstanding Obligations
If after the payment of the estate tax, new
obligations of the decedent shall appear, and the
persons interested shall have satisfied them by
order of the court, they shall have a right to the
restitution of the proportional part of the tax paid.
Section 97
Payment of Tax Antecedent to the Transfer
of Shares, Bonds or Rights
There shall not be transferred to any new owner
in the books of any corporation, sociedad
anonima, partnership, business, or industry
organized or established in the Philippines any
share, obligation, bond or right by way of gift inter
vivos or mortis causa, legacy or inheritance,
unless a certification from the Commissioner that
the taxes fixed in this Title and due thereon have
been paid is shown.
If a bank has knowledge of the death of a person,
who maintained a bank deposit account alone, or
jointly with another, it shall not allow any
withdrawal from the said deposit account, unless
the Commissioner has certified that the taxes
imposed thereon by this Title have been paid:
Provided, however, That the administrator of the
estate or any one (1) of the heirs of the decedent
may, upon authorization by the Commissioner,
withdraw an amount not exceeding Twenty
thousand pesos (P20,000) without the said
certification. For this purpose, all withdrawal slips
shall contain a statement to the effect that all of
the joint depositors are still living at the time of
withdrawal by any one of the joint depositors and
such statement shall be under oath by the said
depositors.