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Estate Taxation Report
Estate Taxation Report
Description
It is a tax on the right of the deceased person to transmit his/her estate to his/her lawful
heirs and beneficiaries at the time of death and on certain transfers, which are made by law
as equivalent to testamentary disposition.
It is a tax imposed on the privilege of transmitting property upon the death of the owner.
It is based on the laws in force at the time of death notwithstanding the postponement of
the actual possession or enjoyment of the estate by the beneficiary.
Tax Rates
The rate applicable shall be based on the law prevailing at the time of decedent’s death
Tax Rate – 6%
Tax Base – Net Estate
Net Estate – determined as of the time of death of decedent composed of all properties,
real or personal, tangible or intangible less allowable deductions.
*Gross Estate minus Allowable Deductions
Under RA No. 8424, Estate tax rate is based on the value of a decedent’s Net Estate which is
calculated based the following graduated tax table/schedule.
Effective July 28, 1992 up to December 31, 1997 (Section 77 of the NIRC, as
amended (RA No. 7499)
Under RA No. 7499, Estate tax rate is based on the value of a decedent’s Net Estate
which is calculated based the following graduated tax table/schedule.
Effective January 1, 1973 to July 27, 1992 (Section 85 of the NIRC, as amended
(Presidential Decree No. 69)
Under P.D. No. 69, Estate tax rate is based on the value of a decedent’s Net Estate which
is calculated based the following graduated tax table/schedule.
--- insert here the estate tax table ----
Effective September 15, 1950 to December 31, 1972 (Section 85 of the NIRC, as
amended (RA No. 579)
Under R.A. No. 579, Estate tax rate is based on the value of a decedent’s Net Estate
which is calculated based the following graduated tax table/schedule.
Gross Estate
The properties comprising the gross estate shall be valued based on their fair market value
as of the time of decedent’s death.
If the property is a real property, the appraised value thereof as of the time of death shall
be, whichever is the higher of –
In the case of shares of stocks, the fair market value shall depend on whether the shares are
listed or unlisted in the stock exchanges. Unlisted common shares are valued based on their
book value while unlisted preferred shares are valued at par value. In determining the book
value of common shares, appraisal surplus shall not be considered as well as the value
assigned to preferred shares, if there are any. On this note, the valuation of unlisted shares
shall be exempt from the provisions of RR No. 6-2013, as amended.
For shares which are listed in the stock exchanges, the fair market value shall be the
arithmetic mean between the highest and lowest quotation at a date nearest the date of
death, if none is available on the date of death itself.
The fair market value of units of participation in any association, recreation or amusement
club (such as golf, polo, or similar clubs), shall be the bid price nearest the date of death
published in any newspaper or publication of general circulation.
To determine the value of the right to 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.(Sec. 5, RR No. 12-2018)
The liability represents a personal obligation of the deceased existing at the time of
death;
The liability was contracted in good faith and for adequate and full consideration in
money’s worth;
The claim must be a debt or claim which is valid in law and enforceable in court; and
The indebtedness must not have been condoned by the creditor or the action to
collect from the decedent must not have prescribed.
3. Claims of the deceased against insolvent persons where the value of the decedent’s
interest therein is included in the value of the gross estate
5. 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 (100%) of the value, if the prior decedent 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%) of the value, if the prior decedent died 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 the value, if the prior decedent died 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 the value, if the prior decedent died 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; and
“Twenty percent (20%) of the value, if the prior decedent died 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 imposed under
Title III of NIRC 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, and only if in determining the value of the estate of the prior
decedent, no deduction was allowable under this item 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 was
paid in whole or in part prior to the decedent’s death, then the deduction allowable this
item 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 under items
(2), (3), (4), and (6) of this Subsection as the amount otherwise deductible under this item
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.
7. The Family Home - An amount equivalent to the current fair market value of the
decedent’s family home: Provided, however, that if the said current fair market value
exceeds Ten million pesos (₱10,000,000.00), the excess shall be subject to estate tax
If the family home is conjugal property and does not exceed (₱10,000,000.00), the
allowable deduction is one-half (1/2) of the amount only.
Any amount received by the heirs from the decedent’s employer 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.
9. Net share of the surviving spouse in the conjugal partnership or community property
2.2. Claims of the deceased against insolvent persons where the value of the decedent’s
interest therein is included in the value of the gross estate
5. Net share of the surviving spouse in the conjugal partnership or community property
For deaths occurring January 1, 1998 to December 31, 2017 (RA No.
8424/NIRC of 1997)
One hundred percent (100%) of the value, if the prior decedent 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%) of the value, if the prior decedent died 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 the value, if the prior decedent died 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 the value, if the prior decedent died 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; and
Twenty percent (20%) of the value, if the prior decedent died 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 imposed 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, and only if in determining the value of the estate of the prior
decedent, no Property Previously Taxed or Vanishing Deduction was allowable in respect
of the property or properties given in exchange therefor. (Section 6 & 7 of RR No. 2-2003)
4. The family home - fair market value but not to exceed P1,000,000.00
The family home refers to the dwelling house, including the land on which it is situated,
where the husband and wife, or a head of the family, and members of their family reside, as
certified to by the Barangay Captain of the locality. The family home is deemed constituted
on the house and lot from the time it is actually occupied as a family residence and is
considered as such for as long as any of its beneficiaries actually resides therein. (Arts. 152
and 153, Family Code)
6. Medical expenses – All medical expenses (cost of medicines, hospital bills, doctor’s fees,
etc.) incurred (whether paid or unpaid) within one (1) year before the death of the
decedent shall be allowed as a deduction provided that the same are duly substantiated
with official receipts. For services rendered by the decedent’s attending physicians,
invoices, statements of account duly certified by the hospital, and such other documents in
support thereof and provided, further, that the total amount thereof, whether paid or
unpaid, does not exceed Five Hundred Thousand Pesos (P500,000).
7. Amount received by heirs under RA No. 4917 - Any amount received by the heirs from
the decedent’s employer as a consequence of the death of the decedent-employee in
accordance with Republic Act No. 4917 is allowed as a deduction provided that the amount
of the separation benefit is included as part of the gross estate of the decedent.
8. Net share of the surviving spouse in the conjugal partnership or community property
4. Net share of the surviving spouse in the conjugal partnership or community property
No deduction shall be allowed in the case of a non-resident decedent 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 in the Section 90 of the Code the value at the time
of the decedent’s death of that part of his gross estate not situated in the Philippines.
The term "FUNERAL EXPENSES" is not confined to its ordinary or usual meaning. They
include:
1. The mourning apparel of the surviving spouse and unmarried minor children of the
deceased bought and used on the occasion of the burial;
2. Expenses for the deceased’s wake, including food and drinks;
3. Publication charges for death notices;
4. Telecommunication expenses incurred in informing relatives of the deceased;
5. Cost of burial plot, tombstones, monument or mausoleum but not their upkeep. In
case the deceased owns a family estate or several burial lots, only the value
corresponding to the plot where he is buried is deductible;
6. Interment and/or cremation fees and charges; and
7. All other expenses incurred for the performance of the rites and ceremonies
incident to interment.
Expenses incurred after the interment, such as for prayers, masses, entertainment, or the
like are not deductible. Any portion of the funeral and burial expenses borne or defrayed by
relatives and friends of the deceased are not deductible. Actual funeral expenses shall mean
those which are actually incurred in connection with the interment or burial of the
deceased. The expenses must be duly supported by official receipts or invoices or other
evidence to show that they were actually incurred. (Sec 6 (A)(1) of RR 2-2003)
Any unpaid amount for the aforementioned cost and expenses claimed under “Judicial
Expenses” should be supported by a sworn statement of account issued and signed by the
creditor. (Sec 6 (A)(2) of RR 2-2003)
The Estate Tax Return (BIR Form 1801) shall be filed in triplicate by:
1. The executor, or administrator, or any of the legal heir/s of the decedent, whether
resident or non-resident of the Philippines, under any of the following situations:
b. Regardless of the gross 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 clearance from the BIR is required as a condition precedent for the
transfer of ownership thereof in the name of the transferee; or
Taxpayers who are filing BIR Form 1801 are excluded in the mandatory coverage from
using the eBlRForms (Section 2 of RR No. 9-2016)
When and Where to File and Pay
The Estate Tax Return (BIR Form 1801) shall be filed within one (1) year from the
decedent's death. In meritorious cases, the Commissioner shall have the authority to grant
a reasonable extension not exceeding thirty (30) days for filing the return.
The return shall be filed with any Authorized Agent Bank (AAB) of the Revenue District
Office (RDO) having jurisdiction over the place of domicile of the decedent at the time of his
death. If the decedent has no legal residence in the Philippines, the return shall be filed
with the Office of the Commissioner (RDO No. 39, South Quezon City).
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was
received by the AAB. The AAB receiving the tax return shall stamp mark the word
“Received’’ on the return and also machine validate the return as proof of filing the return
and payment of the tax by the taxpayer, respectively. The machine validation shall reflect
the date of payment, amount paid and transaction code, the name of the bank, branch code,
teller’s code and teller’s initial. Bank debit memo number and date should be indicated in
the return for taxpayers paying under the bank debit system.
Payments may also be made thru the epayment channels of AABs thru either their online
facility, credit/debit/prepaid cards, and mobile payments.
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 upon approved by the concerned BIR Official.
The due date on filing and payment of the return/tax shall depend on the applicable law at
the time of the decedent’s death.
When the Commissioner of Internal Revenue 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 extra-judicially. 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 the National Internal Revenue 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.
The application for extension of time to file the estate tax return must be filed with the
Revenue District Officer (RDO) where the estate is required to secure its Taxpayer
Identification Number (TIN) and file the tax returns of the estate. The application shall be
approved by the Commissioner or his duly authorized representative. 1
Tax Form
Documentary Requirements
Processing and Issuance of Approved ONETT Computation Sheet of Tax Due On Estate with No
Other Tax Liabilities and Processing and Issuance of Electronic Certificate Authorizing Registration
(eCAR) for Estate of the Decedent
(Without Other Tax Liabilities/ Business and Where Applicant Computed its Own Tax Due)
Mandatory Requirements:
Certified true copy of the Death Certificate; (One (1) original copy and two (2)
photocopies)
TIN of decedent and heir/s; One (1) original copy for presentation only)
Any of the following: (One (1) original copy and two (2) photocopies)
1
Codal Reference
Sec. 22 to 27 of the Tax Reform Acceleration and Inclusion Act (TRAIN Law)
Sec. 84 to Sec. 97 of the National Internal Revenue Code (NIRC) of 1997
Revenue Regulations (RR) Nos. 2-2003, 6-2013, 6-2014; 12-2018
Revenue Memorandum Order (RMO) Nos. 26-82, 31-82, 15-2003; 35-2018
Revenue Memorandum Circular (RMC) Nos. 1-98, 34-2013
OPM-AS-APMD 2017-06-06
OPM-AS-APMD 2017-06-01
a) Affidavit of Self Adjudication;
b) Deed of Extra-Judicial Settlement of the Estate, if the estate has been settled extra
judicially;
c) Court order if settled judicially
d) Sworn Declaration of all properties of the Estate;
A certified copy of the schedule of partition and the order of the court approving the
same within thirty (30) days after the promulgation of such order, in case of judicial
settlement. (One (1) original copy and two (2) photocopies)
Proof of Claimed Tax Credit, if applicable; (One (1) original copy and two (2)
photocopies)
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 five million
pesos (P5,000,000) for decedent’s death on or after January 1, 2018 or two million
pesos (P2,000,000) for decedent’s death from January 1, 1998 to December 31,
2017. (One (1) original copy and two (2) photocopies)
Certification of the Barangay Captain for the claimed Family Home (If the family
home is conjugal property and does not exceed Php10 Million, the allowable
deduction is one-half (1/2) of the amount only); (One (1) original copy and two (2)
photocopies)
Duly notarized Promissory Note for "Claims Against the Estate" arising from
Contract of Loan; (One (1) original copy and two (2) photocopies)
Accounting of the proceeds of loan contracted within three (3) years prior to death
of the decedent; (One (1) original copy and two (2) photocopies)
Proof of the claimed "Property Previously Taxed"; (One (1) original copy and two
(2) photocopies)
Proof of the claimed "Transfer for Public Use"; (One (1) original copy and two (2)
photocopies)
Copy of Tax Debit Memo used as payment, if applicable. (One (1) original copy and
two (2) photocopies)
Tax Returns filed with proof of payment [Revenue Official Receipt or Duly Validated
Bank Deposit Slip with Certification from the Authorized Agent Bank (AAB) which
received the tax payment] or Certificate of Tax Exemption; (One (1) original copy
and two (2) photocopies)
ONETT Computation Sheet of Tax Due duly approved by the authorized Revenue
Officer; (One (1) original copy and two (2) photocopies)
Any of the following applicable document if the person presenting is not among the
parties to the transaction: (One (1) original copy and two (2) photocopies)
a. Notarized Special Power of Attorney;
b. Secretary's Certificate or Board Resolution;
c. Certification from the Philippine Consulate or Hague Apostille Convention (if
executed abroad).