ESTATE TAX AMNESTY
REVENUE REGULATIONS 6-2019, 17-2021 and 10-2023
Coverage
The estate tax amnesty shall cover the estate of decedent/s who died on or before May 31, 2022, with
or without assessments duly issued therefor, whose estate tax/es have remained unpaid or have
accrued as of May 31, 2022.
Exceptions. - The Estate Tax Amnesty shall not extend to the following:
(1) Delinquent estate tax liabilities which have become final and executory and those covered by Tax
Amnesty on Delinquencies; and
(2) Properties involved in cases pending in appropriate courts:
a. Falling under the jurisdiction of the Presidential Commission of Good Government;
b. Involving unexplained or unlawfully acquired wealth under R.A. No. 3019, otherwise known as
tire Anti-Graft and Corrupt Practices Act, and R.A. No. 7080 or an Act Defining and Penalizing
the Crime of Plunder;
c. Involving violations of R.A. No. 9160, otherwise known as the Anti-Money Laundering Act, as
amended;
d. Involving tax evasion and other criminal offenses under Chapter II of Title X of the National
Internal Revenue Code of 1997, as amended; and
e. Involving felonies of frauds, illegal exactions and transactions and malversation of public funds
and property under Chapters III and IV of Title VII of the Revised Penal Code.
Definition of Terms.
a. Gross Estate consists of all properties and interests in properties of the decedent at the time of his
death as well as properties he transferred during his lifetime (only in form), but in substance,
ownership of the same was only transferred at the time of his death.
b. Net Estate refers to the gross estate less all allowable deductions as provided in the NIRC of 1997,
as amended, or the applicable estate tax law prevailing at the time of death of the decedent.
c. Net Undeclared Estate refers to the difference between the total net estate valued at the time of
death of the decedent and the net estate previously declared with the BIR, For purposes of these
Regulations, the net estate previously declared is presumed to have been reduced with all the
allowable deductions; thus, only the share of the surviving spouse on the undeclared conjugal
properties, if any, may be deducted from the undeclared estate.
Rate of Estate Tax
An estate tax amnesty rate of six percent {6%) shall be imposed on each decedent's total net taxable
estate at the time of death without penalties at every stage of transfer of property in cognizance with
the rules of succession under the Civil Code of the Philippines on the transmission of properties,
interests, rights and obligations of the decedent. Provided, that the minimum estate amnesty tax for
the transfer of the estate of each decedent shall be Five Thousand Pesos [P5,000.00).
The provisions of the NIRC of 1997, as amended, or the applicable estate/inheritance tax laws
prevailing at the time of death of the decedent with respect to valuation, manner of computation, and
other related matters shall apply suppletorily.
Composition of the Gross Estate
The gross estate of a decedent, as classified below, shall be comprised of the following properties and
interest therein at the time of his/her death, and such lifetime transfers includible in the gross estate as
enumerated under the Tax Code.
1. Residents and Citizens - all properties, real and personal, tangible and intangible, wherever
situated.
2. Non-resident aliens - only real and personal Philippines and personal, tangible and properties
situated in the Philippines.
Valuation of the Gross Estate
The properties comprising the gross estate of the decedent shall be valued, in general, based on the
fair market value as of the time of death of the decedent.
If the property is a real property, the fair market value shall be the higher value between the zonal
value as determined by the Commissioner of Internal Revenue and the fair market value as shown in
the schedule of values fixed by the provincial and city Assessors.
In the case of shares of stock, the fair market value shall be:
a. Listed and traded in the stock exchange - The price at the time of death or the arithmetic mean
between the highest and lowest quotation at a date nearest the date of death, if none is available
on the date of death itself.
b. Not listed shares - The book value for common shares and par value for preferred shares as shown
in the audited financial statement of the issuing corporation nearest to the date of death of the
decedent. The valuation of these shares shall be exempt from the provisions of Revenue
Regulations No. 06-2013, as amended.
Proprietary shares in any association, recreation or amusement club [such as golf, polo, or similar
clubs) shall be valued using the bid price on the date of death or nearest to the date of death, if
none is available on the date of death itself, as published in the newspaper of general circulation.
Cash in bank in local and f or foreign currency shall be based on the peso value of the balance at
the date of death.
Deductions from the Gross Estate
For purposes of determining the Net Estate, the gross estate may be reduced by the
deductions allowed by the estate tax law applicable at the time of death of the decedent.
Time and Place of Filing Estate Tax Amnesty Return and Payment of Estate Tax Due
The Estate Tax Amnesty Return (ETAR) (BIR Form No. 2118-EA) shall be filed and paid, either
electronically or manually, by the executor or administrator, legal heirs, transferees or beneficiaries
who wish to avail of the Estate Tax Amnesty, until June 14, 2025 with any authorized agent bank
through any authorized officer of any RDO or authorized tax software provider.
The duly accomplished and sworn ETAR, and Acceptance Payment Form (APF-BIR Form No.0621-
EA), and the complete documents shall be presented to the concerned RDO.
Estate Tax Amnesty Return for Undeclared Properties
In case the estate has properties which were not declared in the previously filed return, the legal
heirs/executors/administrators can file an ETAR or an amended ETAR, whichever is applicable, and
pay the estate amnesty tax, without penalties, based on the net taxable value of the Net Undeclared
Estate not later than June 14, 2025.
Undeclared properties, after June 14, 2025 shall be subject to the applicable estate tax rate prevailing
at the time of death including interest and penalties due thereon.
Estate with Properties Subject of Taxable Donation/Sale
Properties included in the Estate Tax Amnesty availment which are likewise subject of taxable
donation/sale shall be assessed of the corresponding donor's/capital gains/or other applicable taxes at
the time of donation/sale including penalties, if applicable.
