The document provides information about Estate Tax Amnesty in the Philippines, including:
1. The Estate Tax Amnesty covers estates of decedents who died on or before December 31, 2017, with or without tax assessments, as long as the taxes have remained unpaid.
2. The Estate Tax Amnesty Return and supporting documents must be filed within 2 years of the regulations' effectivity date at the concerned Revenue District Office.
3. A 6% tax rate will be imposed on the total net taxable estate at time of death, without penalties. The minimum amnesty tax is P5,000.
4. Undeclared properties can be included in an amended Estate Tax Amnesty Return and
The document provides information about Estate Tax Amnesty in the Philippines, including:
1. The Estate Tax Amnesty covers estates of decedents who died on or before December 31, 2017, with or without tax assessments, as long as the taxes have remained unpaid.
2. The Estate Tax Amnesty Return and supporting documents must be filed within 2 years of the regulations' effectivity date at the concerned Revenue District Office.
3. A 6% tax rate will be imposed on the total net taxable estate at time of death, without penalties. The minimum amnesty tax is P5,000.
4. Undeclared properties can be included in an amended Estate Tax Amnesty Return and
The document provides information about Estate Tax Amnesty in the Philippines, including:
1. The Estate Tax Amnesty covers estates of decedents who died on or before December 31, 2017, with or without tax assessments, as long as the taxes have remained unpaid.
2. The Estate Tax Amnesty Return and supporting documents must be filed within 2 years of the regulations' effectivity date at the concerned Revenue District Office.
3. A 6% tax rate will be imposed on the total net taxable estate at time of death, without penalties. The minimum amnesty tax is P5,000.
4. Undeclared properties can be included in an amended Estate Tax Amnesty Return and
The document provides information about Estate Tax Amnesty in the Philippines, including:
1. The Estate Tax Amnesty covers estates of decedents who died on or before December 31, 2017, with or without tax assessments, as long as the taxes have remained unpaid.
2. The Estate Tax Amnesty Return and supporting documents must be filed within 2 years of the regulations' effectivity date at the concerned Revenue District Office.
3. A 6% tax rate will be imposed on the total net taxable estate at time of death, without penalties. The minimum amnesty tax is P5,000.
4. Undeclared properties can be included in an amended Estate Tax Amnesty Return and
The Estate Tax Amnesty shall cover the estate of decedent/s who Deductions from Gross Estate died on or before December 31, 2017, with or without assessments duly issued therefor, whose estate tax/es have remained unpaid or For purposes of determining the Net Estate, the gross estate may be Procedures in the Availment of Estate Tax Amnesty have accrued as of December 31, 2017. reduced by the deductions allowed by the estate tax law applicable at the time of death of the decedent (refer to Annex A of RR No. 6-2019). Exceptions Time and Place of Filing and Payment Accomplish the Estate Tax Amnesty Return (ETAR) The Estate Tax Amnesty shall not extend to the following: and submit with the complete documentary The Estate Tax Amnesty Return (BIR Form No. 2118-EA) together with STEP 1 requirements (see list at the back) to the concerned 1. Delinquent estate tax liabilities which have become final and complete documentary requirements, shall be filed by the executor or RDO for computation of Estate Tax Amnesty due and executory and those covered by Tax Amnesty on Delinquencies; and administrator, legal heirs, transferees or beneficiaries within two (2) endorsement of Acceptance Payment Form (APF). 2. Properties involved in cases pending in appropriate courts: years from the effectivity of the Regulations. Said tax return and other a. Falling under the jurisdiction of the Presidential Commission documentary requirements shall be filed in the following BIR offices: Present the RDO-endorsed APF to Authorized Agent of Good Government; STEP 2 Banks (AABs) or RCOs, whichever is applicable, and b. Involving unexplained or unlawfully acquired wealth under Classification Place of Filing pay the amnesty amount. R.A. No. 3019, otherwise known as the Anti-Graft and Revenue District Office (RDO) having Corrupt Practices Act, and R.A. No. 7080 or an Act Defining Resident decedent jurisdiction over the last residence of Submit the validated APF and proof of payment to the and Penalizing the Crime of Plunder; the decedent STEP 3 concerned RDO, which shall not be beyond the two (2) c. Involving violations of R.A. No. 9160, otherwise known as the year availment period. Non-resident RDO where such executor/ Anti-Money Laundering Act, as amended; decedent with executor administrator is registered or if d. Involving tax evasion and other criminal offenses under or administrator in the not yet registered, at the executor/ Receive Certificate of Availment and Electronic Chapter II of Title X of the National Internal Revenue Code Philippines administrator’s legal residence STEP 4 Certificate Authorizing Registration (eCAR). (NIRC) of 1997, as amended; and Non-resident e. Involving felonies of frauds, illegal exactions and transactions decedent with no executor and malversation of public funds and property under Chapters RDO No. 39 - South Quezon City or administrator in the III and IV of Title VII of the Revised Penal Code. Philippines Issuance of Certificate of Availment Tax Rate and Basis Estate Tax Amnesty for Undeclared Properties The Certificate of Availment of the Estate Tax Amnesty shall be An estate tax amnesty rate of six percent (6%) shall be imposed In case the estate has properties which were not declared in the issued by the concerned RDO within fifteen (15) calendar days from on each decedent’s total net taxable estate at the time of death previously filed return, the legal heirs/executors/administrators can the receipt of the following: without penalties at every stage of transfer of property. Provided, file an ETAR or an amended ETAR, whichever is applicable, and pay • Application for Estate Tax Amnesty Return (ETAR); that the minimum estate amnesty tax for the transfer of the estate the estate amnesty tax as stated in Sec. 5 of the Revenue Regulations • Duly Validated Acceptance Payment Form (APF); and of each decedent shall be Five Thousand Pesos (P5,000.00). No. 6-2019, without penalties, based on the net taxable value of the • Complete Documentary Requirements (see list at the back) Net Undeclared Estate as defined in Sec. 4 (c) of the Regulations Composition of the Gross Estate within two (2) years from the effectivity of the Regulations (where only the share of the surviving spouse on the undeclared conjugal The gross estate of a decedent, as classified below, shall be properties, if any, may be deducted from the undeclared estate). Issuance of Electronic Certificate comprised of the following properties and interest therein at the Authorizing Registration (eCAR) Undeclared properties, after the lapse of the two-year period from time of his/her death, and such lifetime transfers includible in the the effectivity of the Regulations, shall be subject to the applicable gross estate as enumerated under the Tax Code: One (1) eCAR shall be issued per real property estate tax rate prevailing at the time of death including interest and including the improvements, thereon, if any, penalties due thereon. Classification Composition covered by Title or Tax Declaration for untitled Estate with Properties Subject of Taxable Donation/Sale property. For personal properties included in the Residents All properties, real and personal, tangible and estate, a separate eCAR shall be issued. and Citizens intangible, wherever situated Properties included in the Estate Tax Amnesty availment which are likewise subject of taxable donation/sale shall be assessed of the Non-resident Only real and personal properties situated in the corresponding donor’s/capital gains/or other applicable taxes at Aliens Philippines the time of donation/sale including penalties, if applicable. Immunities and Privileges of Availing 13. Where declared property/ies has/have no improvement, Estate Tax Amnesty Certificate of No Improvement issued by the Assessor’s Office at REPUBLIC OF THE PHILIPPINES the time of death of the decedent; BUREAU of INTERNAL REVENUE Estates covered by Estate Tax Amnesty, which have fully complied FOR PERSONAL PROPERTY/IES, IF ANY: [Original copy and two with all the conditions set forth in RR No. 6-2019, including the (2) photocopies of each document]; payment of estate tax amnesty, shall be immune from the payment of all estate taxes as well as any increments and additions thereto, 14. Certificate of Deposit/Investment/Indebtedness owned by Revenue Regulations No. 6-2019 Estate arising from the failure to pay any and all estate taxes for taxable the decedent alone, or decedent and the surviving spouse, or year 2017 and prior years, and from all appurtenant civil, criminal decedent jointly with others; and administrative cases, and penalties under the 1997 Tax Code, as amended. 15. Certificate of Registration of vehicle/s and other proofs showing the correct value of the same; Tax Amnesty The availment of the Estate Tax Amnesty and the issuance of the 16. Certificate of stocks and proof of valuation of shares of stock at (PER REPUBLIC ACT NO. 11213) corresponding APF do not imply any admission of criminal, civil or the time of death: administrative liability on the part of the availing estate. a. For shares of stock listed/traded – The price at the time of death or 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; Mandatory Requirements b. For shares of stock not listed/not traded – The book value for (Original copy and two [2] photocopies of each document) common shares and par value for preferred shares as shown in the audited financial statement of the issuing corporation 1. Certified true copy of the Death Certificate (DC); nearest to the date of death of the decedent with computation 2. Taxpayer Identification Number of decedent and heir/s; of the book value per share; 3. Estate Tax Amnesty Return (ETAR); c. For proprietary shares – Bid price on the date of death or 4. Estate Tax Acceptance Payment Form (APF) and Revenue Official nearest to the date of death, if none is available on the date Receipt (ROR), if paid to RCO; of death itself, as published in the newspaper of general circulation; and 5. Affidavit of Self Adjudication or Deed of Extra-Judicial Settlement (EJS) of the Estate of the decedent; or Court decision/judgment 17. Proof of valuation of other types of personal property if the estate has been settled judicially or if there is a last will and OTHER REQUIREMENTS, IF APPLICABLE: [Original copy and two testament; (2) photocopies of each document] 6. Certification of the Barangay Captain for the last residence of the a. If the person transacting/processing the transfer is the decedent and claimed Family Home, if any; authorized representative, duly Notarized Original Special 7. For “Claims Against the Estate” arising from Contract of Loan, Power of Attorney (SPA) and/or, if one of the heirs is Notarized Promissory Note, if applicable; designated as executor/administrator, Sworn Statement 8. Proof of the claimed “Property Previously Taxed”, if any; b. If document is executed abroad, Certification from the Philippine Consulate or applicable document 9. Proof of the claimed “Transfer for Public Use”, if any; c. If zonal value cannot be readily determined from the 10. At least one (1) valid government ID of the executor/administrator documents submitted, Location Plan/Vicinity map 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: [Original copy and two (2) PARA SA INYO, MAGING TAPAT TAYO. photocopies of each document] SERBISYONG TAPAT, 11. Certified true copy/ies of the Transfer/Original/Condominium BUWIS NA SAPAT. Certificate/s of Title of real property/ies; Scan the QR code to view the 12. Certified true copy of the Tax Declaration of real property/ PDF or visit www.bir.gov.ph/ ies, including the improvements at the time of death or the index.php/tax-amnesty-act.html for more information. succeeding available tax declaration issued nearest to the time of death of the decedent, if none is available at the time of death; For more inquiries/clarifications, e-mail us at [email protected].
G.R. No. L-32636 March 17, 1930 in The Matter Estate of Edward Randolph Hix, Deceased. A.W. FLUEMER, Petitioner Appellant, vs. ANNIE COUSHING HIX, Oppositor