House expands coverage of estate tax amnesty on final reading

The House of Representatives on Monday unanimously approved a bill which expands the coverage for the availment of estate tax amnesty on third and final reading.

This developed after 259 lawmakers voted yes to House Bill 7909 which states that the coverage of availment of estate tax amnesty will apply to those who died on or before December 31, 2017 until December 31, 2021.

Likewise, the measure extends the period of availment of estate tax amnesty by two years, by postponing the deadline of application from June 14 this year to June 14, 2025.

The House Ways and Means Committee had approved the bill last April 25.

During the committee hearings, House Deputy Minority Leader France Castro of ACT Teachers party-list questioned the bill’s authors and the Bureau of Internal Revenue (BIR) if President Ferdinand Marcos, Jr. and his family would benefit from the measure.

House Ways and Means panel Chairperson Joey Salceda and the BIR both said that the measure would not benefit the Marcos family since the Republic Act 11213, the measure which is being amended by House Bill 7909, was explicit in stating that the Estate Tax Amnesty under Title II of this RA 11213 would not extend to estate tax cases which which were final and executory.

The Supreme Court ruling imposing estate tax on the Marcos family became final and executory on March 9, 1999.

“We respect the decision of the Supreme Court. And secondly, the Republic Act 11569 [which previously extended the period of estate tax availment from June 15, 2021 to June 14, 2023] covers those who died until December 2017. May I just state those two facts,” Salceda said.

BIR Assistant Commissioner Ma. Luisa Belen backed Salceda, citing the exceptions under the estate tax amnesty law provided by Republic Act 11213

These exceptions included:

• estate tax cases which shall have become final and executory
• properties involved in cases pending in appropriate courts
• those falling under the jurisdiction of the Presidential Commission on Good Government (PCGG);
• those involving unexplained or unlawfully acquired wealth under Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, and Republic Act No. 7080 or An Act Defining and Penalizing the Crime of Plunder;
• those involving violations of Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act, as amended;
• those involving tax evasion and other criminal offenses under Chapter 1 of Title 10 of the National Internal Revenue Code of 1997, as amended; and
• those involving felonies of frauds, illegal exactions and
• transactions, and malversation of public funds and property under Chapters 3 and 4 of Title 7 of the Revised Penal Code.

— DVM, GMA Integrated News