Question & AnswerQ&A (Republic Act No. 11956)
Republic Act No. 11956 further amends the Tax Amnesty Act by extending the period of availment of the Estate Tax Amnesty until June 14, 2025, allowing estates of decedents who died on or before May 31, 2022 with unpaid estate taxes to avail of amnesty under specified conditions.
The executor or administrator of the estate, or if none is appointed, the legal heirs, transferees or beneficiaries of estates of decedents who died on or before May 31, 2022 with unpaid estate taxes as of that date can avail of the Estate Tax Amnesty.
The filing and payment period starts on June 15, 2023 and ends on June 14, 2025.
The sworn Estate Tax Amnesty Return can be filed either electronically or manually with any authorized agent bank, Revenue District Office through a Revenue Collection Officer, or an authorized tax software provider.
Mandatory requirements include: a certified true copy of the death certificate or valid secondary evidence of death, Taxpayer Identification Numbers (TIN) of the decedent and heirs, notarized promissory note for claims against the estate (if applicable), proof of property previously taxed (if any), proof of transfer for public use (if any), and at least one government-issued ID of the executor, administrator, heirs, transferees, beneficiaries, or authorized representatives.
Yes, estates that fully comply with the conditions of the amnesty and pay the estate amnesty tax are immune from payment of all estate taxes, including increments, additions, civil, criminal, and administrative cases and penalties under the National Internal Revenue Code for the period ending May 31, 2022 and prior years.
Yes, RA 11956 allows payment by installment within two years from the statutory date for its payment without civil penalty and interest.
For real property, submit certified true copies of the transfer/original condominium certificates of title, tax declarations at the time of death or nearest available, and a Certificate of No Improvement if the property had no improvements at the time of death.
No. Proof of settlement, whether judicial or extrajudicial, is only required by the BIR for the issuance of the Electronic Certificate Authorizing Registration (ECAR) for transfer of properties but not for filing and payment of the estate taxes.
All laws, orders, rules and regulations inconsistent with the provisions of this Act are repealed or amended accordingly.