Period of Availment and Filing Procedures
- Amnesty may be availed from June 15, 2023, to June 14, 2025.
- Filing can be done electronically or manually.
- Returns filed with authorized agent banks, Revenue District Offices, or authorized tax software providers.
- Payment of amnesty tax must be made concurrently with the filing.
- Specific acceptance form to be issued by Revenue District Officer for payment acceptance.
Required Documents for Filing Estate Tax Amnesty
- Mandatory:
- Certified true copy of Death Certificate or equivalent proof of death.
- Taxpayer Identification Numbers (TIN) of decedent and heir(s).
- Notarized promissory note for loan claims against the estate.
- Proof for claims of "property previously taxed" or "transfer for public use".
- Valid government-issued ID of executor, administrator, legal heirs, transferees, beneficiaries, or authorized representatives.
- For real properties:
- Certified true copies of title or condominium certificates.
- Tax declarations or certificate of no improvement.
- For other properties:
- Certificates of Deposit, Registration, Stocks, and valuation proofs.
- Others:
- Special Power of Attorney if represented;
- Certification from Philippine Consulate or Apostille for documents executed abroad;
- Location plans if zonal values are not determinable from documents.
- Commissioner of Internal Revenue may request alternative documents if needed.
Distinction Between Estate Tax Payment and Property Transfer
- Filing and payment of estate taxes is separate from property transfer procedures.
- Proof of estate settlement is only required for property transfer registration.
- Estate Tax Amnesty filing does not require submission of estate settlement proof to the BIR.
Immunities and Privileges Following Compliance
- Fully complying estates are immune from payment of estate taxes, increments, and additions due to prior non-payment.
- Also immune from related civil, criminal, and administrative cases and penalties under the National Internal Revenue Code of 1997, as amended.
Installment Payment Option
- Allows payment of estate taxes by installment within two years from statutory due date.
- No civil penalties or interest will apply if installment payment is within the allowed period.
Implementing Rules and Regulations (IRR)
- Secretary of Finance, in coordination with Commissioner of Internal Revenue, must issue IRR within 30 days from effectivity of the Act.
- Failure to issue IRR does not prevent implementation of the law.
Repealing Clause
- All laws, rules, orders, and regulations inconsistent with the provisions of this Act are repealed or amended accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.
- The Act lapsed into law on August 5, 2023, without the President's signature as per the Constitution.