Payment of tax.
Section 95
SEC. 95. Payment of tax. — Time of payment. — (1) General rule. — The estate tax imposed by Section 85 shall he due and payable within nine months after the decedent's death, and shall be paid by the executor, administrator, or the heirs to the Commissioner of Internal Revenue or to the regional director, revenue district officer or collection agent of the city or municipality in which the decedent was domiciled at the time of his death. (2) Exceptions. — In case judicial testamentary or intestate proceedings shall be instituted for the settlement of the decedent's estate prior to the expiration of six months after his death the estate tax shall be due and payable within twenty-one months after the decedent's death. Extension of time. — 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 hardships 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 years in case the estate is settled through the courts, or two years in case the estate is settled extrajudicially. 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 limitation for assessment as provided in Section 331 of this 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 may require the executor, administrator, or beneficiary 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 with the terms of the extension. Liability for payment. — The estate tax imposed by Section 85 shall be paid by the executor or administrator before delivery to any beneficiary of his distributive share of the estate. Such beneficiary shall, to the extent of his distributive share of the estate, be subsidiarily liable for the payment of such portion of the estate tax as his distributive share bears to the value pf the total net estate. For the purpose of this Chapter, the term "executor" or "administrator" means the executor or administrator of the decedent, or, 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.