ILLUSTRATION
Date of accrual of estate tax?
Date when the right of Govt to impose estate
tax?
Notice of Death of decedent?
Due date of filing Estate tax return?
Extension on FILING?
Taxpayer?
Who will file/Personal Obligation to File?
Where?
BIR form
In case of a non-resident decedent with
executor or administrator in the Philippines,
the 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.
If the decedent has no legal residence in the
OLD LAW NEW LAW
Upon death Upon death
Upon death Upon death
In all cases of transfers subject to tax or "NO" under TRAIN.
where, though exempt from tax, the gross
value of the estate exceeds P 20,000, the
executor, administrator or any of the legal
heirs, as the case maybe, within two 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.
6 months after death Within 1yr
30days 30days
Estate of Juan / Decedent (a Juridical person Estate of Juan / Decedent (a Juridical person
with separate TIN) with separate TIN)
Order of priority: 1. Administrator OR Order of priority: 1. Administrator OR
Executor; IF NONE any heirs or any person in Executor; IF NONE any heirs or any person in
actual or constructive possession of any actual or constructive possession of any
property of the decedent. property of the decedent.
If there are two executors, they are severally
or solidarily liable. Heirs are subsidiarily
liable.
the place of domicile of the decedent at the the place of domicile of the decedent at the
time of his death time of his death
1801 1801
Philippines, the return shall be filed with the
Office of the Commissioner (RDO No. 39,
South Quezon City).
When to PAY?
Extension to PAY?
Codicil-refers to supplemental or additional
instructions made by the testator-decedent
that modifies an existing will and testament.
Estate Tax Return supported with a
statement duly certified to by a CPA (Certified
Public Accountant)
Can the heir withdraw the cash in bank
Estate Tax return filed may be amended?
Installment payment?
As the return is filed. As the return is filed.
5yrs if judicially settled / 2 yrs if extrajudicial 5yrs if judicially settled / 2 yrs if extrajudicial
from last day of filing the return from last day of filing the return
ok ok
(2M under the OLD LAW) The Estate Tax Returns showing a gross value
exceeding P 5M shall be supported with a
statement duly certified to by a Certified
Public Accountant.
No. untill payment of Tax. BUT, administrator Yes. Subj to 6% w/tax
or any heirs may withdraw upon
authorization of BIR Commissioner not
exceeding 20K
Yes. W/in 3 yrs Yes. W/in 3 yrs
Yes..within 2 yrs w/0 interest and penalty