Estate - LAWPHiL

1 (To be filled up by the BIR) DLN Fill in all applicable spaces. Mark all appropriate boxes with an X . 1 Date of Death 2 Amended Return?3No. of Sheets Attached4 ATC ( MM/ DD /YYYY )Yes NoPart IB a c k g r o u n d I n f o r m a t i o n5 TIN of the Taxpayer6 RDO7 TIN of Executor/AdministratorCode8 Taxpayer's Name 9 Name of Executor/Administrator10 Residence of Decedent at the Time of Death11 Registered Address (Executor/Administrator)12 Zip Code 13 Telephone Residence Address (Executor/Administrator)15 Are you availing of tax relief under a Special Law/International Tax Treaty? Yes No15A If yes, specify16 Mark applicable Box Yes No Yes NoHas a Notice of Death been filed? Has the Estate been settled judicially?Has an extension to file return been granted?

2 Has an extension to pay the tax been granted?Part II Exclusive17 Personal Properties (Schedule 1) 17A 17B18 Real Properties (Schedule 2) 18A 18B19 Taxable Transfers (Schedule 3) 19A 19B20 Gross Estate (Sum of Items 17A, 18A & 19A/17B,18B & 19B) 20A 20 BAggregate Gross Estate (Sum of Items 20A and 20B) 20C21 Less: Deductions21A /B Actual Funeral Expenses or 5% of Gross Estate whichever is lower but not to exceed P200, 21A 21B21C/D Judicial Expenses of the Testamentary or Intestate Proceedings/Administration Expenses 21C 21D21E/F Claims against the Estate 21E 21F21G/H Claims against Insolvent Person 21G 21H21I/J Unpaid Mortgages 21I 21J21K/L Transfers for Public Use 21K 21L21M/N Property Previously Taxed (Vanishing Deduction)

3 21M 21N21O/P Medical Expenses not to Exceed P500, 21O 21P21Q/R Standard Deduction equivalent to P1,000,000 21Q 21R21S/T Amount Received by the Heirs under 4917 21S 21T21U/V/W 21U Others 21V 21W21X/Y Total 21X 21Y22 Estate after Deductions(20A less21X / 20B less21Y) 22A 22B23 Less: 23 AShare of Surviving Spouse 23A23B/C Family Home 23B 23C23D/E/F 23D Others 23E 23F23G/H Total 23G 23H24 Net Taxable Estate (22A less 23G / 22B less 23H) 24A 24 BAggregate Taxable Estate (Sum of 24A and 24B) 24C25 Estate Tax Due 2526 Less: Tax Credits/Payments26A Foreign Estate Tax Paid 26A26B Tax Paid in Return Previously Filed, if this is an Amended Return 26B 26B26C Total 26C 26C27 Tax payable/(Overpayment) (Item 25 less Item 26C) 2728 Add: Penalties Surcharge Interest Compromise 28A 28B 28C 28D29 Total Amount Payable/(Overpayment) (Sum of Item 27 & 28D) 29In case of Overpayment, Mark one box only.

4 To be Refunded To be issued a Tax Credit Certificate I declare, under the penalties of perjury, that this return has been made in good faith, verified by me, and to the best of my knowledge and belief, is true and correct, pursuant to the provisions of the National internal Revenue Code, as amended, and the regulations issued under authority thereof3031 Part III 32 Cash/Bank Debit Memo3233 Check33A33B33C33D34 Tax Debit Memo 34A34B34C35 Others35A35B35C35 DMachine Validation/Revenue Official Receipt Details (If not filed with the bank)ParticularsConjugal / CommunalTaxpayer/Authorized Agent Signature Over Printed NameTitle/Position of SignatoryDetails of PaymentParticularsDateDrawee(MM/DD/YYYY) and Date of ReceiptBank/AgencyAmountNumberBCS No.:Computation of TaxStamp of Receiving Office E S 0 1 0 EstateTax Return 1801 July, 1999 (ENCS) Republika ng PilipinasKagawaran ng PananalapiKawanihan ng Rentas Internas BIR Form No.

5 BIR Form 1801 (ENCS) - Page 2 Schedule 1 Conjugal / CommunalTOTALS chedule 2 PPTOTALPPS chedule 3 Conjugal / CommunalTOTALIf the Net Estate is:But Not OverOf the Excess Over P5,000,000 10,000,000and overNote: Attach Additional Sheets, if necessaryExclusiveParticularsFair Market ValueExclusive20% 5,000,000 10,000,0002,000,0005,000,000 P2,000,000 The Tax Shall BePlusOverExclusiveConjugal / CommunalParticularsFair Market ValueDescription of Taxable TransferNo. for Untitled Real Propertycation11%15%Of the Excess Over 135,000 465,000 Exempt015,000 P200,000 500,000 OverBut Not OverThe Tax Shall BePlus 1,215,000200,000500,000 5 % 8 % P200,000 500,00010,000,000 2,000,000 Classifi-TCT/OCT/CCT / Tax DeclarationFair Market Value Guidelines and InstructionsBIR FORM NO.

6 1801 - Estate TAX RETURNAreaESTATE TAX TABLEL ocationDescription of Personal PropertyDescription of Real PropertyWho Shall File This return shall be filed in triplicate by: 1. The executor, or administrator, or any of the legal heirs of the decedent, whetherresident or non-resident of the Philippines, under any of the following situations:a) In all cases of transfers subject to Estate tax;b) Where though exempt from Estate tax, the gross value of the estateexceeds two hundred thousand (P200,000) pesos; orc) Regardless of the gross value of the Estate , where the said estateconsists of registered or registrable property such as real property,motor vehicle, shares of stock or other similar property for which aclearance from the BIR is required as a condition precedent for thetransfer of ownership thereof in the name of the transferee; or2.

7 If there is no executor or administrator appointed, qualified, and acting within thePhilippines, then any person in actual or constructive possession of any propertyof the and Where to FileThis return shall be filed within six (6) months from the decedent's death. Inmeritorious cases, the Commissioner shall have authority to grant a reasonable extension notexceeding thirty (30) days for filing the certified copy of the schedule of partition and the order of the court approving thesame shall be furnished the Commissioner within thirty (30) days after the promulgation ofsuch return shall be filed with any Authorized Agent Bank (AAB) of the RevenueDistrict Office having jurisdiction over the place of domicile of the decedent at the time of hisdeath.

8 In places where there are no AABs, the return shall be filed with the RevenueCollection Officer or duly Authorized City/Municipal Treasurer of the Revenue District Officehaving jurisdiction over the place of domicile of the decedent at the time of his death. If thedecedent has no legal residence in the Philippines, the return shall be filed with the Office ofthe Commissioner (Revenue District Office No. 39, South Quezon City).When and Where to PayUpon filing this return, the Estate tax due shall be paid to the Authorized Agent Bank(AAB) where the return is filed. In places where there are no AABs, payment shall be madedirectly to the Revenue Collection Officer or duly Authorized City or Municipal Treasurerwho shall issue Revenue Official Receipt (BIR Form No.)

9 2524) the return is filed with an AAB, the lower portion of the return must be properlymachine-validated and stamped by the Authorized Agent Bank to serve as the receipt ofpayment. The machine validation shall reflect the date of payment, amount paid andtransaction code, and the stamp mark shall show the name of the bank, branch code, teller sname and teller s initial. The AAB shall also issue an official receipt or bank debit advice orcredit document, whichever is applicable, as additional proof of the Commissioner finds that the payment on the due date of the Estate tax or ofany part thereof would impose undue hardship upon the Estate or any of the heirs, he mayextend the time for payment of such tax or any part thereof not to exceed five (5) years, in casethe Estate is settled through the courts, or two (2) years in case the Estate is settledextrajudicially.

10 In such case, the amount in respect of which the extension is granted shall bepaid on or before the date of the expiration of the period of the extension, and the running ofthe Statute of Limitations for assessment as provided in Section 203 of the National InternalRevenue Code shall be suspended for the period of any such the taxes are assessed by reason of negligence, intentional disregard of rules andregulations, or fraud on the part of the taxpayer, no extension will be granted by an extension is granted, the Commissioner may require the executor, or administrator,or beneficiary, as the case may be, to furnish a bond in such amount, not exceeding double theamount of the tax and with such sureties as the Commissioner deems necessary, conditionedupon the payment of the said tax in accordance with the terms of the Rates and Basis of TaxThere shall be imposed a schedular rate based on the value of the NET Estate determined as of the time of death of decedent composed of all property, real or personal,tangible or intangible less allowable of EstateIn case of properties, the Estate shall be appraised at its fair market value (FMV) as ofthe time of death.