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RMC No. 83-2023: Circularizes RA No. 11956 (An Act Further Amending Republic Act No. 11213, Otherwise Known as the “Tax Amnesty Act”, as Amended by Republic Act No. 11569, by Extending the Period of Availment of the Estate Tax Amnesty Until June 14, 2025, and for Other Purposes)

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Summary

RMC No. 83-2023 circularizes RA No. 11956, which further amends the Tax Amnesty Act (RA No. 11213, as amended by RA No. 11569) by extending the Estate Tax Amnesty availment period until June 14, 2025.

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Key points

  1. Coverage. The amnesty covers estates of decedents who died on or before May 31, 2022, with or without assessments, whose estate taxes remained unpaid or accrued as of May 31, 2022. The instances listed in Section 9 of the Act are not covered.
  2. Filing and payment. The executor, administrator, or, if none, the legal heirs, transferees or beneficiaries file a sworn Estate Tax Amnesty Return from June 15, 2023 until June 14, 2025. Filing is with an authorized agent bank, a Revenue District Office through the Revenue Collection Officer, or an authorized tax software provider, and payment is made when the return is filed.
  3. Documents required. Requirements are limited to mandatory documents such as the Death Certificate, TINs, and a government-issued ID, plus documents for real property and personal property and other items if applicable. If a required document is missing, the Commissioner may request alternative documents.
  4. Estate settlement proof. Payment of estate taxes is separate from the application for transfer of properties. Proof of judicial or extrajudicial settlement is required only for issuing the ECAR for transfer of properties, not for filing and payment.
  5. Immunities. Estates that fully comply with the conditions, including payment of the amnesty tax, are immune from estate taxes and additions for the period ending May 31, 2022 and prior years. They are also immune from related civil, criminal and administrative cases and penalties under the NIRC.
  6. Installment payment. Payment by installment is allowed within two (2) years from the statutory date of payment, without civil penalty and interest.

Who is affected

  • Executors and administrators of estates
  • Legal heirs, transferees and beneficiaries of decedents who died on or before May 31, 2022

Deadlines and effectivity

  • Filing period: June 15, 2023 until June 14, 2025
  • Installment payment within two (2) years from the statutory date of payment

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

Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.