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ESTATE TAX
tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the time of death and on
certain transfers, which are made by law as equivalent to testamentary disposition.
It is not a tax on property. It is a tax imposed on the privilege of transmitting property upon the death of the owner.
The Estate Tax is based on the laws in force at the time of death notwithstanding the postponement of the actual possession or
enjoyment of the estate by the beneficiary.
Documentary Requirements
iii. Notice of Death (only for death prior to January 1, 2018) duly received by the BIR, if gross taxable estate exceeds
P20,000 for deaths occurring on January 1, 1998 up to December 31, 2017; or if the gross taxable estate exceeds
P3,000 for deaths occurring prior to January 1, 1998;
iv. Original copy of any of the following: a) Affidavit of Self Adjudication; b) Deed of Extra-Judicial Settlement of the
Estate, if the estate has been settled extra-judicially; c) Court order if settled judicially; d) Sworn Declaration of all
properties of the Estate;
v. A certified copy of the schedule of partition and the order of the court approving the same within thirty (30) days
after the promulgation of such order, in case of judicial settlement;
vii. Certified Public Accountant (CPA) Statement on the itemized assets of the decedent, itemized deductions from
gross estate and the amount due if the gross value of the estate exceeds five million pesos (Php5,000,000.00) for
decedent’s death on or after January 1, 2018 or two million pesos (Php2,000,000.00) for decedent’s death from
January 1, 1998 to December 31, 2017;
viii. Certification of the Barangay Captain for the claimed Family Home;
ix. Accounting of the proceeds of loan contracted within three (3) years prior to death of the decedent;
B. For Real Properties, if any [additional two (2) photocopies of each document]:
i. Certified true copy/ies of the Transfer/Original/Condominium Certificate/s of Title of real property/ies (front and
back pages), if applicable;
ii. Certified true copy of the Tax Declaration of real properties at the time of death, if applicable;
iii. Certificate of No Improvement issued by the Local Assessor's Office where declared properties have no
improvement;
iv. Statement/Certificate of Aggregate Property Land Holdings issued by City/Municipal/Provincial Assessor’s Office
C. For Personal Properties, if any [additional two (2) photocopies of each document]:
i. Original copy of Certificate of Deposit/Investment/Indebtedness owned by the decedent and the surviving spouse,
if applicable;
ii. Certificate of Registration of vehicles and other proofs showing the correct value of the same, if applicable;
a) For shares of stocks not listed/not traded - Latest Audited Financial Statement of the issuing
corporation with computation of the book value per share
b) For shares of stocks listed/traded - Price index from the Philippine Stock Exchange (PSE) /latest Fair
Market Value (FMV) published in the newspaper at the time of transaction
c) For club shares - Price published in newspapers on the transaction date or nearest to the transaction
date
Duly Notarized Original Special Power of Attorney (SPA), if the person transacting/processing the transfer is not a
party to the transaction and/or Sworn Statement if one of the heirs is designated as executor/administrator;
ESTATE TAX
Location Plan/Vicinity map issued by the Local Assessor’s Office if zonal value cannot be readily determined from
the documents submitted
Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his authorized
representative, if tax exempt
Tax Rates
(The rate applicable shall be based on the law prevailing at the time of decedent’s death)
There shall be an imposed rate of six percent (6%) based on the value of such NET ESTATE determined as of the time of death
of decedent composed of all properties, real or personal, tangible or intangible less allowable deductions.
Over But not Over The Tax Shall be Plus Of the Excess Over
P 200,000.00 Exempt
P 200,000.00 500,000.00 0 5% P 200,000.00
500,000.00 2,000,000.00 P 15,000.00 8% 500,000.00
2,000,000.00 5,000,000.00 135,000.00 11% 2,000,000.00
5,000,000.00 10,000,000.00 465,000.00 15% 5,000,000.00
10,000,000.00 1,215,000.00 20% 10,000,000.00
Effective July 28, 1992 up to December 31, 1997 (Section 77 of the NIRC, as amended (RA No. 7499)
Over But not Over The Tax Shall be Plus Of the Excess Over
P 200,000.00 Exempt
P 200,000.00 500,000.00 5% P 200,000.00
500,000.00 2,000,000.00 P 15,000.00 8% 500,000.00
2,000,000.00 5,000,000.00 135,000.00 12% 2,000,000.00
5,000,000.00 10,000,000.00 495,000.00 21% 5,000,000.00
10,000,000.00 1,545,000.00 35% 10,000,000.00
Effective January 1, 1973 to July 27, 1992 (Section 85 of the NIRC, as amended (Presidential Decree No. 69)
Over But not Over The Tax Shall be Plus Of the Excess Over
P 10,000.00 Exempt - -
P 10,000.00 50,000.00 3% - P 10,000.00
50,000.00 75,000.00 P 1,200.00 4% 50,000.00
75,000.00 100,000.00 2,200.00 5% 75,000.00
100,000.00 150,000.00 3,450.00 10% 100,000.00
150,000.00 200,000.00 8,450.00 15% 150,000.00
200,000.00 300,000.00 15,950.00 20% 200,000.00
300,000.00 400,000.00 35,950.00 25% 300,000.00
400,000.00 500,000.00 60,950.00 30% 400,000.00
500,000.00 625,000.00 90,950.00 35% 500,000.00
625,000.00 750,000.00 134,700.00 40% 625,000.00
750,000.00 875,000.00 184,700.00 45% 750,000.00
875,000.00 1,000,000.00 240,950.00 50% 875,000.00
1,000,000.00 2,000,000.00 303,450.00 53% 1,000,000.00
2,000,000.00 3,000,000.00 833,450.00 56% 2,000,000.00
3,000,000.00 - 1,393,450.00 60% 3,000,000.00
Effective September 15, 1950 to December 31, 1972 (Section 85 of the NIRC, as amended (RA No. 579)
Procedures
The Estate Tax Return (BIR Form 1801) shall be filed in triplicate by:
a) The executor, or administrator, or any of the legal heir/s of the decedent, whether resident or
non-resident of the Philippines, under any of the following situations:
ii. Regardless of the gross value of the estate, where the said estate consists of registered or
registrable property such as real property, motor vehicle, shares of stock or other similar
property for which a clearance from the BIR is required as a condition precedent for the
transfer of ownership thereof in the name of the transferee; or
b) If there is no executor or administrator appointed, qualified, and acting within the Philippines, then
any person in actual or constructive possession of any property of the decedent.
Taxpayers who are filing BIR Form 1801 are excluded in the mandatory coverage from using the eBlRForms
(Section 2 of RR No. 9-2016)
The Estate Tax Return (BIR Form 1801) shall be filed within one (1) year from the decedent's death. In
meritorious cases, the Commissioner shall have the authority to grant a reasonable extension not exceeding thirty
(30) days for filing the return.
The return shall be filed with any Authorized Agent Bank (AAB) of the Revenue District Office (RDO) having
jurisdiction over the place of domicile of the decedent at the time of his death. If the decedent has no legal
residence in the Philippines, the return shall be filed with the Office of the Commissioner (RDO No. 39, South
Quezon City).
In case of a non-resident decedent with executor or administrator in the Philippines, the return shall be filed with
the AAB of the RDO where such executor/administrator is registered or is domiciled, if not yet registered with the
BIR.
ESTATE TAX
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed deposit slip, which the
bank teller shall machine validate as evidence that payment was received by the AAB. The AAB receiving the tax
return shall stamp mark the word “Received’’ on the return and also machine validate the return as proof of filing
the return and payment of the tax by the taxpayer, respectively. The machine validation shall reflect the date of
payment, amount paid and transaction code, the name of the bank, branch code, teller’s code and teller’s initial.
Bank debit memo number and date should be indicated in the return for taxpayers paying under the bank debit
system.
Payments may also be made thru the epayment channels of AABs thru either their online facility,
credit/debit/prepaid cards, and mobile payments.
In case the available cash of the estate is insufficient to pay the total estate tax due, payment by installment shall
be allowed within two (2) years from the statutory date for its payment without civil penalty and interest upon
approved by the concerned BIR Official.
The due date on filing and payment of the return/tax shall depend on the applicable law at the time of the
decedent’s death.
When the Commissioner of Internal Revenue finds that the payment on the due date of the estate tax or of any
part thereof would impose undue hardship upon the estate or any of the heirs, he may extend the time for
payment of such tax or any part thereof not to exceed five (5) years, in case the estate is settled through the
courts, or two (2) years in case the estate is settled extra-judicially. In such case, the amount in respect of which
the extension is granted shall be paid on or before the date of the expiration of the period of the extension, and
the running of the Statute of Limitations for assessment as provided in Section 203 of the National Internal
Revenue Code shall be suspended for the period of any such extension.
Where the taxes are assessed by reason of negligence, intentional disregard of rules and regulations, or fraud on
the part of the taxpayer, no extension will be granted by the Commissioner.
If an extension is granted, the Commissioner of Internal Revenue or his duly authorized representative may
require the executor, or administrator, or beneficiary, as the case may be, to furnish a bond in such amount, not
exceeding double the amount of tax and with such sureties as the Commissioner deems necessary, conditioned
upon the payment of the said tax in accordance in the terms of extension.
The application for extension of time to file the estate tax return must be filed with the Revenue District Officer
(RDO) where the estate is required to secure its Taxpayer Identification Number (TIN) and file the tax returns of
the estate. The application shall be approved by the Commissioner or his duly authorized representative.
For deaths occurring January 1, 1998 to December 31, 2017 (RA No. 8424/NIRC of 1997)
A. For a citizen or resident alien:
1. Expenses, Losses, Indebtedness, and Taxes:
a) Actual funeral expenses (whether paid or unpaid) up to the time of interment, or an amount equal to five percent (5%)
of the gross estate, whichever is lower, but in no case to exceed P200,000.
b) Judicial expenses of the testamentary or intestate proceedings.
c) Claims against the estate.
d) Claims of the deceased against insolvent persons where the value of the decedent’s interest therein is included in the
value of the gross estate; and,
e) Unpaid mortgages, taxes and casualty losses
2. Property previously taxed (Vanishing Deduction) (Section 86 (2) of the NIRC as amended by RA No. 8424) - An amount equal
to the value specified below of any property forming a part of the gross estate situated in the Philippines of any person who
died within five (5) years prior to the death of the decedent, or transferred to the decedent by gift within five (5) years prior
to his death, where such property can be identified as having been received by the decedent from the donor by gift, or from
such prior decedent by gift, bequest, devise or inheritance, or which can be identified as having been acquired in exchange for
property so received:
One hundred percent (100%) of the value, if the prior decedent died within one (1) year prior to the death of the
decedent, or if the property was transferred to him by gift within the same period prior to his death;
Eighty percent (80%) of the value, if the prior decedent died more than one (1) year but not more than two (2)
years prior to the death of the decedent, or if the property was transferred to him by gift within the same period
prior to his death;
Sixty percent (60%) of the value, if the prior decedent died more than two (2) years but not more than three (3)
years prior to the death of the decedent, or if the property was transferred to him by gift within the same period
prior to his death;
Forty percent (40%) of the value, if the prior decedent died more than three (3) years but not more than four (4)
years prior to the death of the decedent, or if the property was transferred to him by gift within the same period
prior to his death; and
Twenty percent (20%) of the value, if the prior decedent died more than four (4) years but not more than five (5)
years prior to the death of the decedent, or if the property was transferred to him by gift within the same period
prior to his death;
These deductions shall be allowed only where a donor’s tax or estate tax imposed was finally determined and paid
by or on behalf of such donor, or the estate of such prior decedent, as the case may be, and only in the amount
finally determined as the value of such property in determining the value of the gift, or the gross estate of such
prior decedent, and only to the extent that the value of such property is included in the decedent’s gross estate,
and only if in determining the value of the estate of the prior decedent, no Property Previously Taxed or Vanishing
Deduction was allowable in respect of the property or properties given in exchange therefor. (Section 6 & 7 of RR
No. 2-2003)
3. Transfers for public use
4. The family home - fair market value but not to exceed P1,000,000.00
The family home refers to the dwelling house, including the land on which it is situated, where the husband and
wife, or a head of the family, and members of their family reside, as certified to by the Barangay Captain of the
locality. The family home is deemed constituted on the house and lot from the time it is actually occupied as a
family residence and is considered as such for as long as any of its beneficiaries actually resides therein. (Arts. 152
and 153, Family Code)
5. Standard deduction – A deduction in the amount of One Million Pesos (P1,000,000.00) shall be allowed as an additional
deduction without need of substantiation.
6. Medical expenses – All medical expenses (cost of medicines, hospital bills, doctor’s fees, etc.) incurred (whether paid or
unpaid) within one (1) year before the death of the decedent shall be allowed as a deduction provided that the same are duly
substantiated with official receipts. For services rendered by the decedent’s attending physicians, invoices, statements of
account duly certified by the hospital, and such other documents in support thereof and provided, further, that the total
amount thereof, whether paid or unpaid, does not exceed Five Hundred Thousand Pesos (P500,000).
7. Amount received by heirs under RA No. 4917 - Any amount received by the heirs from the decedent’s employer as a
consequence of the death of the decedent-employee in accordance with Republic Act No. 4917 is allowed as a deduction
provided that the amount of the separation benefit is included as part of the gross estate of the decedent.
8. Net share of the surviving spouse in the conjugal partnership or community property
ESTATE TAX