Sunday, October 1, 2017

What are the Documentary Requirements for Payment of Estate Tax?

1. Notice of Death duly received by the BIR, if gross estate exceeds P20,000 for deaths occurring on or after Jan. 1, 1998; or if the gross estate exceeds P3,000 for deaths occurring prior to January 1, 1998
2. Certified true copy of the Death Certificate
3. Deed of Extra-Judicial Settlement of the Estate, IF the estate is settled extra judicially
4. Court Orders/Decision, IF the estate is settled judicially;
5. Affidavit of Self-Adjudication and Sworn Declaration of all properties of the Estate
6. A certified true copy of the schedule of partition of the estate and the order of the court approving the same, if applicable
7. For manually issued title (red title), a certified true copy of the Original Certificate of Title (OCT), Transfer Certificate of Title, or Condominium Certificate of Title (CCT) in case of a condo unit; 
For electronically issued title (blue title), a photocopy of the Original Certificate of Title, Transfer Certificate of Title, or Condominium Certificate of Title (CCT) in case of a condo unit
8. Certified true copy of the latest Tax Declaration of real properties at the time of death, if applicable
9. "Certificate of No Improvement" issued by the Assessor's Office declared properties have no declared improvement or Sworn Declaration/Affidavit of No Improvement by at least one (1) of the transferees
10. Certificate of Deposit/Investment/Indebtedness owned by the decedent and the surviving spouse, if applicable
11. Photo copy of Certificate of Registration of vehicles and other proofs showing the correct value of the same, if applicable
12. Photo copy of certificate of stocks, if applicable
13. Proof of valuation of shares of stocks at the time of death, if applicable
  • For listed stocks - newspaper clippings or certification from the Stock Exchange
  • For unlisted stocks - Audited Financial Statements duly certified by an independent certified public accountant with computation of fair market value per share at the time of death
14. Proof of valuation of other types of personal property, if applicable
15. Proof of claimed tax credit, if applicable
16. 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 two million pesos, if applicable
17. Certification of Barangay Captain for claimed Family Home
18. Duly notarized Promissory Note for "Claims against the Estate" arising from Contract of Loan
19. Accounting of the proceeds of loan contracted within three (3) years prior to death of the decedent
20. Proof of the claimed "Property Previously Taxed"
21. Proof of claimed "Transfer for Public Use"
22. Copy of Tax Debit Memo used as payment, if applicable
23. Special Power of Attorney (SPA) from the transacting party IF the latter is not one of the parties to the Deed of Transfer
Additional requirements may be requested for presentation during audit of the tax case depending upon existing audit procedures.

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