TITLE III — ESTATE AND DONOR’S TAXES
(b) Itemized deductions from gross estate allowed in Section 86; and
(c) The amount of tax due whether paid or still due and outstanding.
(B)
Time for Filing. — For the purpose of determining the estate tax provided
for in Section 84 of this Code, the estate tax return required under the
preceding Subsection (A) shall be filed within one (1) year48 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) days after the promulgation of such order.
(C)
Extension of Time. — The Commissioner shall have authority to grant, in
meritorious cases, a reasonable extension not exceeding thirty (30) days
for filing the return.
(D)
Place of Filing. — Except in cases where the Commissioner otherwise
permits, the return required under Subsection (A) shall be filed with an
authorized agent bank, or Revenue District Officer, Collection Officer,
or duly authorized Treasurer of the city or municipality in which the
decedent was domiciled at the time of his death or if there be no legal
residence in the Philippines, with the Office of the Commissioner.
SEC. 91. Payment of Tax. —
(A)
Time of Payment. — The estate tax imposed by Section 84 shall be paid
at the time the return is filed by the executor, administrator or the heirs.
(B)
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 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
48
As amended by Section 25 of the TRAIN Law. Previous deadline was 6 months.
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
109
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents