Estate Tax Amnesty & Transfer: BIR and Estate Tax

An Estate Tax Amnesty Return (ETAR) with complete documentary requirements has to be filed in triplicate by the executor, administrator, or authorized representatives of estates that would apply for an Estate Tax Amnesty under the Tax Amnesty Act.

The ETAR with complete documentary requirements should be filed on or before June 14, 2021 with the Revenue District Office having jurisdiction over the last residence of the person who died (decedent) at the time of his death.

The documentary requirements needed for an Estate Tax Amnesty are as follows:

1. Certified true copy of the Death Certificate 

2. TIN of the decedent and heir

3. ETAR

4. Estate Tax Acceptance Payment Form or Revenue Official Receipt

5. Affidavit of Self Adjudication or Deed of Extra-Judicial Settlement of the Estate of the decedent; or Court decision/judgement

6. Certification of the Barangay Captain for the last residence of the decedent and claimed Family Home

7. For “Claims Against the Estate” arising from Contract of Loan, Notarized Promissory Note

8. Proof of the claimed “Property Previously Taxed”

9. Proof of the claimed “Transfer for Public Use”

10. At least 1 valid government ID of the executor/administrator of the estate, the heirs, transferees, beneficiaries or authorized representative

Additional documentary requirementsthat need to be filed if Real Property, such as land or a house, is part of the estate:

11. Certified true copies of the Transfer/Original/Condominium Certificates of Title of real properties

12. Certified true copy of the Tax Declaration of real properties, including the improvements at the time of death or the succeeding available tax declaration issued nearest to the time of death of the decedent

13. Where declared properties have no improvement, Certificate of No Improvement issued by the Assessor’s Office at the time of death of the decedent

For inquiries and questions, you may send an email to abogado@palmlawoffice.com.

The views stated in this article are merely those of the author. This article is for general informational purposes only. It is not offered as a legal advice or legal opinion.

Atty. Xavier Aseron is a Partner at PALM Law Office. Its office is located at 2/F, MF3 Holdings Building, 138 Sct. Limbaga, Quezon City, Metro Manila, Philippines.

0917-145-7706

xra@palmlawoffice.com

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