RMC No. 34-2013: Clarifies the proper accomplishment and filing of Estate Tax returns

Summary

RMC No. 34-2013 clarifies how Estate Tax returns are properly accomplished and filed, including who files, where, and in which cases.

Key points

1. Notice of death. Under Section 89 of the Tax Code, the executor, administrator or a legal heir sends a written notice of death to the Commissioner within two (2) months after the death, or after the executor or administrator qualifies. This applies to taxable transfers, or exempt estates with gross value above P 20,000.
2. When an Estate Tax return is required. A return is filed for all transfers subject to Estate Tax. It is also filed for an exempt estate with gross value above P 200,000.00, and, whatever the value, where the estate has registered or registrable property that needs BIR clearance before transfer, such as real property, a motor vehicle or shares of stock.
3. Where to file and pay. The return is filed and the tax paid with an Authorized Agent Bank, Revenue Collection Officer or authorized city or municipal Treasurer in the RDO covering the decedent’s domicile at death, under Section 90(D). For a non-resident decedent with a Philippine executor or administrator, filing is with the AAB of the RDO where that person is registered or domiciled.
4. Non-resident decedent with no local representative. The return is filed with the AAB under the jurisdiction of RDO No. 39-South Quezon City.
5. Filling out the return. The filer completes all items with values and enters “0” in the box where there is no applicable value.

Who is affected

• Executors, administrators and legal heirs of a decedent

Deadlines and effectivity

• Notice of death: within 2 months after death or after the executor or administrator qualifies

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.