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Extension of Estate Tax Amnesty Under Republic Act No. 11956 (Effective August 5, 2023)

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Under Republic Act No. 11956, the Estate Tax Amnesty is extended until June 14, 2025, and shall now cover the estate of decedents who died on or before May 31, 2022, with or without assessments duly issued therefor, whose estate taxes have remained unpaid or have accrued as of the same date, May 31, 2022.

WHAT YOU NEED TO KNOW IN THE AVAILMENT OF THE ESTATE TAX AMNESTY

Filing

Who

1.    Executor or Administrator;

            in the absence of the executor or administrator, then the following:

2.    Legal Heirs; and,

3.    Transferees or beneficiaries.

When

From June 15, 2023 until June 14, 2025

How

Either electronically or manually

Where

1.    Any authorized agent bank;

2.    Revenue District Office through Revenue Collection Officer; or,

3.    Authorized Tax Software provider.

What

A sworn Estate Tax Amnesty Return

Payment

Who

1.    Executor or Administrator;

            in the absence of the executor or administrator, then the following:

2.    Legal Heirs; and,

3.    Transferees or beneficiaries.

How

Either electronically or manually

When

At the time the Return is filed with any authorized agent bank, revenue district office through revenue collection officer, or authorized tax software provider.

 

Just make sure that the Revenue District Officer shall issue and endorse an acceptance payment form, or in the absence thereof, the revenue collection agent or authorized tax software provider concerned, to accept the tax amnesty payment.

 

 

 

REQUIREMENTS TO BE SUBMITTED BY THE FILERS OF THE ESTATE TAX AMNESTY TO THE BUREAU OF INTERNAL REVENUE

 

Mandatory Requirements:

1.    Certified true copy of the Death Certificate, or if not available, the certificate of no record of death from the Philippine Statistics Authority, and any valid secondary evidence;

2.    Taxpayer Identification Number (TIN) of decedent and heir/s;

3.    For “claims against the estate” arising from contract of loan, notarized promissory note, if applicable;

4.    Proof of the claimed “property preciously taxed”, if any;

5.    Proof of the claimed “transfer for public use”, if any, and,

6.    At least one (1) government-issued identification card (ID) of the executor/administrator of the estate, or if there is no executor or administrator appointed, the heirs, transferees, beneficiaries, or authorized representative.

For real property/ies, if any:

1.    Certified true copy/ies of the transfer/ original condominium certificate/s of title of real property/ies;

2.    Certified true copy of the tax declaration of real property/ies, if untitled, including the improvements at the time of death or succeeding available tax declaration issued nearest to the time of death of the decedent, if none is available at the time of death; and,

3.    Where declared property/ies has/have no improvement, then Certificate of No Improvement issued by the assessor’s office at the time of death of the decedent.

For personal property/ies, if applicable:

1.    Certificate of Deposit/Investment/Indebtedness owned by the decedent alone, or decedent and the surviving spouse, or decedent jointly with others;

2.    Certificate of Registration of vehicle/s and other proofs showing correct value of the same;

3.    Certificate of Stocks;

4.    Proof of valuation of shares of stocks at the time of death; or,

5.    Proof of valuation of other types of personal property.

Other requirements, if applicable:

1.    If the person transacting/processing the transfer is the authorized representative, duly notarized original Special Power of Authority (SPA) and/or, if one of the heirs is designated as executor/administrator, sworn statement;

2.    If the document is executed abroad, certification from the Philippine Consulate or Apostille; or,

3.    Location plan/vicinity may if zonal value cannot be readily determined from the documents submitted.

Note: Proof of settlement of estate, whether judicial or extrajudicial, shall only be required by the BIR for the issuance of the Electronic Certificate Authorizing Registration (ECAR) for the transfer of properties, and not for purposes of filing and payment of the estate taxes.

 

Read also: How to Avail the Estate Tax Amnesty?

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

 

 

One thought on “Extension of Estate Tax Amnesty Under Republic Act No. 11956 (Effective August 5, 2023)

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