REVENUE MEMORANDUM CIRCULAR NO. 83-2023 issued on August 14, 2023 circularizes Republic Act (RA) No. 11956, titled “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”.
Section 4 of RA No. 11213, as amended by RA No. 11569, is further amended to read
as follows:
“SEC. 4. Coverage. — There is hereby authorized and granted a tax
amnesty, hereinafter called Estate Tax Amnesty, which shall cover the estate
of decedents who died on or before May 31, 2022, with or without
assessments duly issued therefor, whose estate taxes have remained unpaid or
have accrued as of May 31, 2022: Provided; however, That the Estate Tax
Amnesty hereby authorized and granted shall not cover instances enumerated
under Section 9 hereof.”
Section 6 of RA No. 11213, as amended by RA No. 11569, is further amended to read
as follows:
“SEC. 6. Availment of the Estate Tax Amnesty; When and Where to File
and Pay. — The executor or administrator of the estate, or if there is no
executor or administrator appointed, the legal heirs, transferees or
beneficiaries, who wish to avail of the Estate Tax Amnesty shall, within June
15, 2023 until June 14, 2025, file either electronically or manually, with any
authorized agent bank, Revenue District Office through the Revenue
Collection Officer, or authorized tax software provider, a sworn Estate Tax
Amnesty Return, in such forms as may be prescribed in the Implementing
Rules and Regulations. The payment of the amnesty tax shall be made, either
electronically or manually, at the time the Return is filed with any authorized
agent bank, Revenue District Office through the Revenue Collection Officer,
or authorized tax software provider: Provided, That the appropriate Revenue
District Officer shall issue and endorse an acceptance payment form, in such
form as may be prescribed in the Implementing Rules and Regulations of this
Act for the authorized agent bank, or in the absence thereof, the revenue
collection agent or authorized tax software provider concerned, to accept the
tax amnesty payment: Provided, further, That for the availment of the estate
tax amnesty, the requirements to be submitted to the Bureau of Internal
Revenue (BIR) by the filers of the estate tax amnesty shall be limited to the
following:
“(A) Mandatory requirements:
“(1) Certified true copy of the Death Certificate (DC), or if not
available, the certificate of no record of death from Philippine Statistics
Authority and any valid secondary evidence including, but not limited to,
those issued by any government agency/office sufficient to establish, the
fact of death of the decedent;
“(2) Taxpayer Identification Number (TIN) of decedent and heir/s;
“(3) For “claims against the estate” arising from contract of loan,
notarized promissory note, if applicable;
“(4) Proof of the claimed “property previously taxed”, if any;
“(5) Proof of the claimed “transfer for public use”, if any; and
“(6) At least one (1) government-issued identification card (ID) of the executor/administrator of the estate, or if there is no executor or administrator appointed, the heirs, transferees, beneficiaries or authorized
representative.
“(B) For real property/ies, if any: “(1) Certified true copy/ies of the transfer/original condominium certificate/s of title of real property/ies; “(2) Certified true copy of the tax declaration of real property/ies: if untitled, including the improvements at the time of death or the succeeding available tax declaration issued nearest to the time of death of the decedent,
if none is available at the time of death; and “(3) Where declared property/ies has/have no improvement, Certificate of No Improvement issued by the assessor’s office at the time of
death of the decedent. “(C) For personal property/ies, if applicable:
“(1) Certificate of Deposit/lnvestment/Indebtedness owned by the decedent alone, or decedent and the surviving spouse, or decedent jointly with others; “(2) Certificate of Registration of vehicle/s and other proofs showing the correct value of the same; “(3) Certificate of Stocks; “(4) Proof of valuation of shares of stock at the time of death; or “(5) Proof of valuation of other types of personal property. “(D) Other requirements, if applicable: “(1) If the person transacting/processing the transfer is the authorized representative, duly notarized original Special Power of Attorney (SPA) and/or, if one of the heirs is designated as executor/administrator, sworn statement; “(2) If the document is executed abroad, certification from the Philippine Consulate or Apostille; or “(3) If zonal value cannot be readily determined from the documents submitted, location plan/vicinity map. “In the absence of any of the documents required above, the Commissioner of Internal Revenue may request for alternative documents, as may be deemed appropriate. “The application for payment of estate taxes shall be a distinct and separate process from the application for transfer of properties: Provided, however, That the proof settlement of the estate, whether judicial or extrajudicial, shall only be required by the BIR for the issuance of the Electronic Certificate Authorizing Registration (ECAR) for the transfer of properties, and not for purposes of filing and payment of the estate taxes.
“x x x.” Section 8 of RA No. 11213, as amended by RA No. 11569, is further amended to read
as follows:
“SEC. 8. Immunities and Privileges. — Estates covered by the
Estate Tax Amnesty, which have fully complied with all the conditions set
forth in this Act, including the payment of the estate amnesty tax shall be
immune from the payment of all estate taxes, as well as any increments and
additions thereto, arising from the failure to pay any and all estate taxes for
the period ending May 31, 2022 and prior years, and from all appurtenant
civil, criminal, and administrative cases and penalties under the National
Internal Revenue Code of 1997, as amended.
“x x x.”
Payment by installment shall be allowed within two (2) years from the statutory date
for its payment without civil penalty and interest.