TITLE III — ESTATE AND DONOR’S TAXES
sureties as the Commissioner deems necessary, conditioned upon the
payment of the said tax in accordance with the terms of the extension.
(C)
Payment by Installment. — In case the available cash of the estate is
insufficient to pay the total estate tax due, payment by installment shall
be allowed within two (2) years from the statutory date for its payment
without civil penalty and interest.49
(D)
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.
For the purpose of this Chapter, the term ‘executor’ or ‘administrator’
means the executor or administrator of the decedent, or 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.
SEC. 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 therefor, 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 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.
SEC. 93. Definition of Deficiency. — As used in this Chapter, the term
‘deficiency’ means:
(a) 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 amount so shown on the return shall first be increased
by the amounts previously assessed (or collected without assessment) as a
deficiency and decreased by the amounts previously abated, refunded or
otherwise repaid in respect of such tax; or
49
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Introduced by Section 26 of the TRAIN Law.
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