ESTATE TAX

SEC. 2. RATE OF ESTATE TAX. – The net estate of every decedent, whether resident or non-
resident of the Philippines, as determined in accordance with the NIRC, shall be subject to an
estate tax at the rate of six percent (6%).
SEC. 3. THE LAW THAT GOVERNS THE IMPOSITION OF ESTATE TAX. – It is a
well-settled rule that estate taxation is governed by the statute in force at the time of death of the
decedent. The estate tax accrues as of the death of the decedent and the accrual of the tax is
distinct from the obligation to pay the same. Upon the death of the decedent, succession takes
place and the right of the State to tax the privilege to transmit the estate vests instantly upon
death.
Accordingly, the tax rates and procedures prescribed under these Regulations shall govern the
estate of decedent who died on or after the effectivity date of the TRAIN Law.
Gross Estate
SEC. 4. COMPOSITION OF THE GROSS ESTATE. – The gross estate of a decedent shall
be comprised of the following properties and interest therein at the time of his/her death,
including revocable transfers and transfers for insufficient consideration, etc.:
1. Residents and citizens – all properties, real or personal, tangible or intangible, wherever
situated.
2. Non-resident aliens – only properties situated in the Philippines provided, that, with respect to
intangible personal property, its inclusion in the gross estate is subject to the rule of reciprocity
provided for under Section 104 of the NIRC.
Provided, That amounts withdrawn from the deposit accounts of a decedent subjected to the 6%
final withholding tax imposed under Section 97 of the NIRC, shall be excluded from the gross
estate for purposes of computing the estate tax.
SEC. 5. VALUATION OF THE GROSS ESTATE. – The properties comprising the gross
estate shall be valued according to 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 –
(1) The fair market value as determined by the Commissioner, or
(2) The fair market value as shown in the schedule of values fixed by the provincial and city
assessors, whichever is higher.
For purposes of prescribing real property values, the Commissioner is authorized to divide the
Philippines into different zones or areas and shall, upon consultation with competent appraisers,
both from the private and public sectors, determine the fair market value of real properties
located in each zone or area.
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. 06-2013, 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.
Deductions from Gross Estate
SEC 6. COMPUTATION OF THE NET ESTATE OF A DECEDENT WHO IS EITHER A
CITIZEN OR RESIDENT OF THE PHILIPPINES – The value of the net estate of a citizen
or resident alien of the Philippines shall be determined by deducting from the value of the gross
estate the following items of deduction:
1. Standard deduction. – A deduction in the amount of Five Million Pesos (P5,000,000) shall be
allowed without need of substantiation. The full amount of P5,000,000 shall be allowed as
deduction for the benefit of the decedent. The presentation of such deduction in the computation
of the net taxable estate of the decedent is properly illustrated in these Regulations.
2. Claims against the estate. – The word “claims” is generally construed to mean debts or
demands of a pecuniary nature which could have been enforced against the deceased in his
lifetime and could have been reduced to simple money judgements. Claims against the estate or
indebtedness in respect of property may arise out of: (1) Contract; (2) Tort; or (3) Operation of
Law.
2.1. Requisites for Deductibility of Claims Against the Estate –
2.1.1. The liability represents a personal obligation of the deceased existing at the time of his
death;
2.1.2. The liability was contracted in good faith and for adequate and full consideration in money
or money’s worth;
2.1.3. The claim must be a debt or claim which is valid in law and enforceable in court;
2.1.4. The indebtedness must not have been condoned by the creditor or the action to collect
from the decedent must not have prescribed.
2.2. Substantiation Requirements. – All unpaid obligations and liabilities of the decedent at the
time of his death are allowed as deductions from gross estate. Provided, however, that the
following requirements/documents are complied with/submitted:
2.2.1. In case of simple loan (including advances):
2.2.1.1 The debt instrument must be duly notarized at the time the indebtedness was incurred,
such as promissory note or contract of loan, except for loans granted by financial institutions
where notarization is not part of the business practice/policy of the financial institution-lender;
2.2.1.2. Duly notarized Certification from the creditor as to the unpaid balance of the debt,
including interest as of the time of death. If the creditor is a corporation, the sworn certification
should be signed by the President, or Vice- President, or other principal officer of the
corporation. If the creditor is a partnership, the sworn certification should be signed by any of the
general partners. In case the creditor is a bank or other financial institutions, the Certification
shall be executed by the branch manager of the bank/financial institution which monitors and
manages the loan of the decedent-debtor. If the creditor is an individual, the sworn certification
should be signed by him. In any of these cases, the one who should certify must not be a relative
of the borrower within the fourth civil degree, either by consanguinity or affinity, except when
the requirement below is complied with.
When the lender, or the President/Vice-president/principal officer of the creditor-corporation, or
the general partner of the creditor-partnership is a relative of the debtor in the degree mentioned
above, a copy of the promissory note or other evidence of the indebtedness must be filed with the
RDO having jurisdiction over the borrower within fifteen days from the execution thereof.
2.2.1.3. In accordance with the requirements as prescribed in existing or prevailing internal
revenue issuances, proof of financial capacity of the creditor to lend the amount at the time the
loan was granted, as well as its latest audited balance sheet with a detailed schedule of its
receivable showing the unpaid balance of the decedent-debtor. In case the creditor is an
individual who is no longer required to file income tax returns with the Bureau, a duly notarized
Declaration by the creditor of his capacity to lend at the time when the loan was granted without
prejudice to verification that may be made by the BIR to substantiate such declaration of the
creditor. If the creditor is a non-resident, the executor/administrator or any of the legal heirs must
submit a duly notarized declaration by the creditor of his capacity to lend at the time when the
loan was granted, authenticated or certified to as such by the tax authority of the country where
the non-resident creditor is a resident;
2.2.1.4. A statement under oath executed by the administrator or executor of the estate reflecting
the disposition of the proceeds of the loan if said loan was contracted within three (3) years prior
to the death of the decedent;
2.2.2. If the unpaid obligation arose from purchase of goods or services:
2.2.2.1. Pertinent documents evidencing the purchase of goods or service, such as sales
invoice/delivery receipt (for sale of goods), or contract for the services agreed to be rendered (for
sale of service), as duly acknowledged, executed and signed by decedent debtor and creditor, and
statement of account given by the creditor as duly received by the decedent debtor;
2.2.2.2. Duly notarized Certification from the creditor as to the unpaid balance of the debt,
including interest as of the time of death. If the creditor is a corporation, the sworn Certification
should be signed by the President, or Vice- President, or other principal officer of the
corporation. If the creditor is a partnership, the sworn certification should be signed by any of the
general partners. If the creditor is a sole proprietorship, the sworn certification should be signed
by the owner of the business. In any of these cases, the one who issues the certification must not
be a relative of the decedent-debtor within the fourth civil degree, either by consanguinity or
affinity, except when the requirement below is complied with.
When the lender, or the President/Vice-President/principal officer of the creditor-corporation, or
the general partner of the creditor-partnership is a relative of the debtor in the degree mentioned
above, a copy of the promissory note or other evidence of the indebtedness must be filed with the
RDO having jurisdiction over the borrower within fifteen days from the execution thereof.
2.2.2.3. Certified true copy of the latest audited balance sheet of the creditor with a detailed
schedule of its receivable showing the unpaid balance of the decedent-debtor. Moreover, a
certified true copy of the updated latest subsidiary ledger/records of the debt of the debtor-
decedent, (certified by the creditor, i.e., the officers mentioned in the preceding paragraphs)
should likewise be submitted.
2.2.3. Where the settlement is made through the Court in a testate or intestate proceeding,
pertinent documents filed with the Court evidencing the claims against the estate, and the Court
Order approving the said claims, if already issued, in addition to the documents mentioned in
the preceding paragraphs.
3. Claims of the deceased against insolvent persons as defined under R.A. 10142 (“The Financial
Rehabilitation and Insolvency Act (FRIA) of 2010”) and other existing laws, where the value of
the decedent’s interest therein is included in the value of the gross estate.
4. Unpaid mortgages, taxes and casualty losses.
4.1. Unpaid mortgages upon, or any indebtedness in respect to, property where the value of the
decedent’s interest therein, undiminished by such mortgage or indebtedness, is included in the
value of the gross estate. The deduction herein allowed in the case of claims against the estate,
unpaid mortgages or any indebtedness shall, when founded upon a promise or agreement, be
limited to the extent that they were contracted bona fide and for an adequate and full
consideration in money or money’s worth.
4.2. Taxes which have accrued as of the death of the decedent which were unpaid as of the time
of death. This deduction will not include income tax upon income received after death, or
property taxes not accrued before his death, or the estate tax due from the transmission of his
estate.
4.3. There shall also be deducted losses incurred during the settlement of the estate arising from
fires, storms, shipwreck, or other casualties, or from robbery, theft or embezzlement, when such
losses are not compensated for by insurance or otherwise, and if at the time of the filing of the
return such losses have not been claimed as a deduction for income tax purposes in an income
tax return, and provided that such losses were incurred not later than the last day for the payment
of the estate tax as prescribed in Subsection (A) of Section 91.
In case unpaid mortgage payable is being claimed by the estate, verification must be made as to
who was the beneficiary of the loan proceeds. If the loan is found to be merely an
accommodation loan where the loan proceeds went to another person, the value of the unpaid
loan must be included as a receivable of the estate. If there is a legal impediment to recognize the
same as receivable of the estate, said unpaid obligation/mortgage payable shall not be allowed as
a deduction from the gross estate.
In all instances, the mortgaged property, to the extent of the decedent’s interest therein, should
always form part of the gross taxable 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:
a. 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;
b. 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;
c. 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;
d. 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
e. 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 the 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 net estate of the prior decedent, no deduction is allowable
under this Item, in respect of the property or properties given in exchange therefore. 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 under 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 (2) or more items, the aggregate value of such items shall be used for the purpose of
computing the deduction.
6. Transfers for public use. – The amount of all bequests, legacies, devises or transfers to or for
the use of the Government of the Republic of the Philippines or any political subdivision thereof,
for exclusively public purposes.
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 (P10,000,000), the excess shall be subject to estate tax.
Definition of Terms
7.1. Definition of terms
Family home – 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)
For purposes of these Regulations, however, actual occupancy of the house or house and lot as
the family residence shall not be considered interrupted or abandoned in such cases as the
temporary absence from the constituted family home due to travel or studies or work abroad, etc.
In other words, the family home is generally characterized by permanency, that is, the place to
which, whenever absent for business or pleasure, one still intends to return.
The family home must be part of the properties of the absolute community or of the conjugal
partnership, or of the exclusive properties of either spouse depending upon the classification of
the property (family home) and the property relations prevailing on the properties of the husband
and wife. It may also be constituted by an unmarried head of a family on his or her own property.
(Art. 156, Ibid.)
For purposes of availing of a family home deduction to the extent allowable, a person may
constitute only one family home. (Art. 161, Ibid.)
Husband and Wife – Legally married man and woman.
Unmarried Head of a Family – An unmarried or legally separated man or woman with one or
both parents, or with one or more brothers or sisters, or with one or more legitimate, recognized
natural or legally adopted children living with and dependent upon him or her for their chief
support, where such brothers or sisters or children are not more than twenty one (21) years of
age, unmarried and not gainfully employed or where such children, brothers or sisters, regardless
of age are incapable of self-support because of mental or physical defect, or any of the
beneficiaries mentioned in Article 154 of the Family Code who is living in the family home and
dependent upon the head of the family for legal support.
The beneficiaries of a family home are:
(1) The husband and wife, or the head of a family; and
(2) Their parents, ascendants, descendants including legally adopted children, brothers and
sisters, whether the relationship be legitimate or illegitimate, who are living in the family home
and who depend upon the head of the family for legal support. (Art. 154, Ibid)
7.2. Conditions for the allowance of family home as deduction from the gross estate:
7.2.1. The family home must be the actual residential home of the decedent and his family at the
time of his death, as certified by the Barangay Captain of the locality where the family home is
situated;
7.2.2. The total value of the family home must be included as part of the gross estate of the
decedent; and
7.2.3. Allowable deduction must be in an amount equivalent to the current fair market value of
the family home as declared or included in the gross estate, or the extent of the decedent’s
interest (whether conjugal/community or exclusive property), whichever is lower, but not
exceeding P10,000,000.
8. Amount received by heirs under Republic Act 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.
9.  Net share of the surviving spouse in the conjugal partnership or community property. – After
deducting the allowable deductions appertaining to the conjugal or community properties
included in the gross estate, the share of the surviving spouse must be removed to ensure that
only the decedent’s interest in the estate is taxed.
SEC. 7. COMPUTATION OF THE NET ESTATE OF A DECEDENT WHO IS
A NON-RESIDENT ALIEN OF THE PHILIPPINES. – The value of the net estate of a
decedent who is a non-resident alien in the Philippines shall be determined by deducting from
the value of that part of his gross estate which at the time of his death is situated in the
Philippines the following items of deductions:
1. Standard deduction. – A deduction in the amount of Five Hundred Thousand Pesos
(P500,000) shall be allowed without need of substantiation. The full amount of P500,000 shall be
allowed as deduction for the benefit of the decedent.
2. The proportion of the total losses and indebtedness which the value of such part bears to the
value of his entire gross estate wherever situated. Losses and indebtedness shall include the
following:
2.1. Claims against the estate.
2.2. Claims of the deceased against insolvent persons where the value of the interest therein is
included in the value of the gross estate.
2.3. Unpaid mortgages, taxes and casualty losses.
The allowable deduction under this subsection shall be computed using the following formula:
[Phil Gross Estate / World Gross Estate] x [Item No. 2] = Allowable Deduction
3.  Property  previously taxed.
4. Transfers for public use.
5.  Net share of the surviving spouse in the conjugal property or community property.
Unless otherwise provided in this section, the rules for the availment of deductions in the
preceding section shall apply.

Sample Computations and Illustrations – Estate Tax

SEC. 8. PROPER PRESENTATION OF FAMILY HOME AND
STANDARD DEDUCTION AS DEDUCTIONS FROM THE GROSS ESTATE. –
Illustrative examples to properly present the manner of deducting family home, standard
deduction, and other allowable deduction from the gross estate in accordance with the provisions
of the NIRC.
Illustrations:
(1) Decedent is unmarried, family home more than P10,000,000:
Real and personal properties P 14,000,000

Family Home 30,000,000

Gross Estate P44,000,000

Less: Deductions

Ordinary Deductions

Unpaid real estate tax (2,000,000)

Special Deductions

Family Home (10,000,000)

Standard Deduction (5,000,000)

Total Deductions (17,000,000)

NET TAXABLE ESTATE P27,000,000

Although the family home is valued at P30 million, the maximum allowable deduction for the
family home is P10 million only.
(2) Decedent is married, the family home is conjugal property, more than P10,000,000:
Exclusive Conjugal Total
 Conjugal Properties:

Family Home P30,000,000 P30,000,000

Real and personal properties 14,000,000 14,000,000

Exclusive Properties: 5,000,000 5,000,000

Gross Estate 5,000,000 44,000,000 P49,000,000

Less:

Ordinary Deductions

Conjugal Ordinary Deductions (2,000,000) (2,000,000)

Net Conjugal Estate 42,000,000

Special Deductions

Family Home (10,000,000)

Standard Deduction (5,000,000)

Total Deductions (17,000,000)

Net Estate 32,000,000

Less: 1/2 Share of Surviving Spouse (21,000,000)

Spouse

Conjugal Property P44,000,000

Conjugal Deductions (2,000000)

Net Conjugal Estate P42,000,000

(P42M/2)

NET TAXABLE ESTATE P11,000,000

(3) Decedent is married, the family home exclusive property, more than P10,000,000:
Exclusive Conjugal Total

Conjugal Properties:

Real and personal properties 14,000,000 14,000,000

 Exclusive Properties:

Family Home P30,000,000 P30,000,000

Gross Estate 30,000,000 14,000,000 P44,000,000

Less:

Ordinary Deductions

Conjugal Ordinary Deductions (2,000,000) (2,000,000)

Net Conjugal Estate 12,000,000

Special Deductions

Family Home (10,000,000)

Standard Deduction (5,000,000)

Total Deductions (17,000,000)

Net Estate 27,000,000

Less: 1/2 Share of Surviving Spouse (6,000,000)

Spouse

Conjugal Property P14,000,000

Conjugal Deductions (2,000000)

Net Conjugal Estate P12,000,000

(P12M/2)

NET TAXABLE ESTATE P21,000,000

(4) Decedent is an unmarried, the family home is below P10,000,000:
Real and personal properties P 14,000,000

Family Home 9,000,000

Gross Estate P23,000,000

Less: Deductions

Ordinary Deductions 2,000,000

 Special Deductions 14,000,000

Family Home 9,000,000

Standard Deduction 5,000,000

Total Deductions (16,000,000)

NET TAXABLE ESTATE P7,000,000

(5) Decedent is married, the family home is conjugal property and is below P10,000,000:
Exclusive Conjugal Total

Conjugal Properties:

Family Home P9,000,000 P9,000,000

Real and personal properties 14,000,000 14,000,000

Exclusive Properties: 5,000,000 5,000,000

Gross Estate 5,000,000 23,000,000 P28,000,000

Less:

Ordinary Deductions

Conjugal Ordinary Deductions (2,000,000) (2,000,000)

Net Conjugal Estate 21,000,000

Special Deductions

Family Home (4,500,000)

Standard Deduction (5,000,000)

Total Deductions (11,500,000)

Net Estate 16,500,000

Less: 1/2 Share of Surviving Spouse (10,500,000)

Spouse

Conjugal Property P23,000,000

 Conjugal Deductions (2,000000)

Net Conjugal Estate P21,000,000

(P21M/2)

NET TAXABLE ESTATE P6,000,000

(6) Decedent is married, the family home exclusive property and below P10,000,000:
Exclusive Conjugal Total

Conjugal Properties:

Real and personal properties 14,000,000 14,000,000

Exclusive Properties:

Family Home P9,000,000 P9,000,000

Gross Estate 9,000,000 14,000,000 P23,000,000

Less:

Ordinary Deductions

Conjugal Ordinary Deductions (2,000,000) (2,000,000)

Net Conjugal Estate 12,000,000

Special Deductions

Family Home (9,000,000)

Standard Deduction (5,000,000)

Total Deductions (16,000,000)

Net Estate 7,000,000

Less: 1/2 Share of Surviving Spouse (6,000,000)

Spouse

Conjugal Property P14,000,000

Conjugal Deductions (2,000000)

Net Conjugal Estate P12,000,000

 (P12M/2)

NET TAXABLE ESTATE P1,000,000

Time & Place of Filing – Estate Tax
SEC. 9. TIME AND PLACE OF FILING ESTATE TAX RETURN AND PAYMENT OF
ESTATE TAX DUE. –
1. Estate Tax Returns. – In all cases of transfers subject to the tax imposed herein, or 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
Certificate Authorizing Registration from the Bureau of Internal Revenue is required as a
condition precedent for the transfer of ownership thereof in the name of the transferee, the
executor, or the administrator, or any of the legal heirs, as the case may be, shall file a return
under oath.
Estate tax returns showing a gross value exceeding Five million pesos (P5,000,000) shall be
supported with a statement duly certified to by a  certified Public Accountant containing the
following:
1.1 Itemized assets of the decedent with their corresponding gross value at the time of his death,
or in the case of a nonresident, not a citizen of the Philippines, of that part of his gross estate
situated in the Philippines;
1.2. Itemized deductions from gross estate allowed in Section 86; and
1.3. The amount of tax due whether paid or still due and outstanding.
2. Time for filing estate tax return. – For purposes of determining the estate tax, the estate tax
return shall be filed within one (1) year from the decedent’s death. The Court approving the
project of partition shall furnish the Commissioner with a certified copy thereof and its order
within thirty (30) days after promulgation of such order.
3. Extension of time to file estate tax return. – The Commissioner or any Revenue Officer
authorized by him pursuant to the NIRC shall have authority to grant, in meritorious cases, a
reasonable extension, not exceeding thirty (30) days, for filing the return. The application for the
extension of time to file the estate tax return must be filed with the Revenue District Office
(RDO) where the estate is required to secure its Taxpayer Identification Number (TIN) and file
the tax returns of the estate, which RDO, likewise, has jurisdiction over the estate tax return
required to be filed by any party as a result of the distribution of the assets and liabilities of the
decedent.
4. Time for payment of the estate tax. – As a general rule, the estate tax imposed under the NIRC
shall be paid at the time the return is filed by the executor, administrator or the heirs.
5. Extension of time to pay estate tax. – When the Commissioner finds that the payment 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
extrajudicially. 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 deficiency assessment shall be suspended for the period of any such
extension.
Where the request for extension is 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.
If an extension is granted, the Commissioner or his duly authorized representative may require
the executor, or administrator, or beneficiary, as the case may be, to furnish a bond in such
amount, not exceeding double the amount of the tax and with such sureties as the Commissioner
deems necessary, conditioned upon the payment of the said tax in accordance with the terms of
the extension.
Any amount paid after the statutory due date of the tax, but within the extension period, shall be
subject to interest but not to surcharge.
6. Payment of the estate tax by installment and partial disposition of estate. – In case of
Insufficiency of cash for the immediate payment of the total estate tax due, the estate may be
allowed to pay the estate tax due through the following options, including the corresponding
terms and conditions:
6.1. Cash installment
i. The cash installments shall be made within two (2) years from the date of filing of the estate
tax return;
ii. The estate tax return shall be filed within one year from the date of decedent’s death;
iii. The frequency (i.e., monthly, quarterly, semi-annually or annually), deadline and amount of
each installment shall be indicated in the estate tax return, subject to the prior approval by the
BIR;
iv. In case of lapse of two years without the payment of the entire tax due, the remaining balance
thereof shall be due and demandable subject to the applicable penalties and interest reckoned
from the prescribed deadline for filing the return and payment of the estate tax; and
v. No civil penalties or interest may be imposed on estates permitted to pay the estate tax due by
installment. Nothing in this subsection, however, prevents the Commissioner from executing
enforcement action against the estate after the due date of the estate tax provided that all the
applicable laws and required procedures are followed/observed.
6.2. Partial disposition of estate and application of its proceeds to the estate tax due
i. The disposition, for purposes of this option, shall refer to the conveyance of property, whether
real, personal or intangible property, with the equivalent cash consideration;
ii. The estate tax return shall be filed within one year from the date of decedent’s death;
iii. The written request for the partial disposition of estate shall be approved by the BIR. The said
request shall be filed, together with a notarized undertaking that the proceeds thereof shall be 
exclusively used for the payment of the total estate tax due;
iv. The computed estate tax due shall be allocated in proportion to the value of each property;
v. The estate shall pay to the BIR the proportionate estate tax due of the property intended to be
disposed of;
vi. An electronic Certificate Authorizing Registration (eCAR) shall be issued upon presentation
of the proof of payment of the proportionate estate tax due of the property intended to be
disposed. Accordingly, eCARs shall be issued as many as there are properties intended to be
disposed to cover the total estate tax due, net of the proportionate estate tax(es) previously paid
under this option; and
vii. In case of failure to pay the total estate tax due out from the proceeds of the said disposition,
the estate tax due shall be immediately due and demandable subject to the applicable penalties
and interest reckoned from the prescribed deadline for filing the return and payment of the estate
tax, without prejudice of withholding the issuance of eCAR(s) on the remaining properties until
the payment of the remaining balance of the estate tax due, including the penalties and interest.
7. Request for Extension of Time, Installment Payment and Partial Disposition of Estate. – For
purposes of these Regulations, the request for extension of time to file the return, extension of
time to pay estate tax and payment by installment shall be filed with the Revenue District Officer
(RDO) where the estate is required to secure its TIN and file the estate tax return. This request
shall be approved by the Commissioner or his duly authorized representative.
8. Place of filing the return and payment of the tax. – In case of a resident decedent, the
administrator or executor shall register the estate of the decedent and secure a new TIN therefor
from the Revenue District Office where the decedent was domiciled at the time of his death and
shall file the estate tax return and pay the corresponding estate tax with the Accredited Agent
Bank (AAB), Revenue District Officer or Revenue Collection Officer having jurisdiction on the
place where the decedent was domiciled at the time of his death, whichever is applicable,
following prevailing collection rules and procedures.
In case of a non-resident decedent, whether non-resident citizen or non-resident alien, with
executor or administrator in the Philippines, the estate tax return shall be filed with and the TIN
for the estate shall be secured from the Revenue District Office where such executor or
administrator is registered: Provided, however, that in case the executor or administrator is not
registered, the estate tax return shall be filed with and the TIN of the estate shall be secured from
the Revenue District Office having jurisdiction over the executor or administrator’s legal
residence. Nonetheless, in case the non-resident decedent does not have an executor or
administrator in the Philippines, the estate tax return shall be filed with and the TIN for the estate
shall be secured from the Office of the Commissioner through RDO No. 39-South Quezon City.
The foregoing provisions notwithstanding, the Commissioner of Internal Revenue may continue
to exercise his power to allow a different venue/place in the filing of tax returns.
9. Liability for payment. – The estate tax imposed under the NIRC shall be paid by the executor
or administrator before the delivery of the distributive share in the inheritance to any heir or
beneficiary. Where there are two or more executors or administrators, all of them are severally
liable for the payment of the tax. The eCAR pertaining to such estate issued by the
Commissioner or the Revenue District Officer (RDO) having jurisdiction over the estate, will
serve as the authority to distribute the remaining/distributable properties/share in the inheritance
to the heir or beneficiary. The executor or administrator of an estate has the primary obligation to
pay the estate tax but the heir or beneficiary has subsidiary liability for the payment of that
portion of the estate which his distributive share bears to the value of the total net estate. The
extent of his liability, however, shall in no case exceed the value of his share in the inheritance.
SEC. 10. PAYMENT OF TAX ANTECEDENT TO THE TRANSFER OF SHARES, BONDS
OR RIGHTS AND BANK DEPOSITS WITHDRAWAL. – There shall not be transferred to any
new owner in the books of any corporation, sociedad anonima, partnership, business, or industry
organized or established in the Philippines any share, obligation, bond or right by way of gift
inter vivos or mortis causa, legacy or inheritance, unless an eCAR is issued by the Commissioner
or his duly authorized representative.
If a bank has knowledge of the death of a person, who maintained a bank deposit account alone,
or jointly with another, it shall allow the withdrawal from the said deposit account, subject to a
final withholding tax of six percent (6%) of the amount to be withdrawn, provided that the
withdrawal shall only be made within one year from the date of the decedent. The bank is
required to file the prescribed quarterly return on the final tax withheld on or before the last day
of the month following the close of the quarter during which the withholding was made. The
bank shall issue the corresponding BIR Form No. 2306 certifying such withholding. In all cases,
the final tax withheld shall not be refunded, or credited on the tax due on the net taxable estate of
the decedent.
The executor, administrator, or any of the legal heirs, withdrawing from the deposit account shall
provide the bank where such withdrawal shall be made, with the TIN of the estate of the
decedent. For this purpose, the bank shall require prior to such withdrawal, the presentation of
BIR Form No. 1904 of the estate, duly stamped received by the BIR,. Further, all withdrawal
slips shall contain the following terms and conditions: (a) a sworn statement by any one of the
joint depositors to the effect that all of the joint depositors are still living at the time of
withdrawal; and, (b) a statement that the withdrawal is subject to the final withholding tax of 6%.
In instances where the bank deposit accounts have been duly included in the gross estate of the
decedent and the estate tax due thereon paid, the executor, administrator, or any of the legal heirs
shall present the eCAR issued for the said estate prior to withdrawing from the bank deposit
account. Such withdrawal shall no longer be subject to the withholding tax imposed under this
section.
EFFECTIVITY – These regulations are effective beginning January 1, 2018, the effectivity of
the TRAIN Law.