Legal Tools · Philippines
Estimate the 6% estate tax your family will owe the BIR under the TRAIN law — after the ₱5 million standard deduction, the family home, and the surviving spouse’s share. Built and reviewed by the attorneys of Vivas & Nobles Law Office.
When a person dies in the Philippines, the transfer of the estate to the heirs is subject to estate tax. Under Republic Act No. 10963 (the TRAIN law, in force since January 1, 2018), the rate is a flat 6% of the net estate — a single rate that replaced the old schedule that reached 20%. The estate as a whole is taxed, not each heir’s individual share.
The net estate is what remains after the deductions in Section 86 of the Tax Code. This calculator applies them in the order the BIR does on Form 1801:
Because the standard deduction alone shelters ₱5 million, and the family home up to another ₱10 million, many ordinary estates end up owing little or no estate tax — though a return may still have to be filed. A frequent and costly mistake is to still claim funeral, medical, or judicial expenses: the TRAIN law removed all three.
The one-year deadline still matters even when the tax is zero. The estate tax return (BIR Form 1801) is generally due within one year of death. Late filing draws a 25% surcharge on the basic tax and 12% interest per year until it is paid, and the estate tax amnesty lapsed on June 14, 2025 — so there is no longer a discounted route for long-overdue estates. Until the tax is settled and the BIR issues the electronic Certificate Authorizing Registration (eCAR), no title can be transferred to the heirs.
Estate Tax
Estate tax is a flat 6% of the net estate under the TRAIN law, for deaths on or after January 1, 2018. The net estate is the gross estate less the allowable deductions — chiefly the ₱5 million standard deduction and the family home of up to ₱10 million. For a married decedent, the surviving spouse’s one-half share of the conjugal or community property is also removed before tax and is never taxed.
For a citizen or resident, Section 86 of the Tax Code allows a ₱5,000,000 standard deduction with no need for proof; the family home up to ₱10,000,000; claims against the estate, unpaid mortgages, and casualty losses; property previously taxed (the vanishing deduction); transfers for public use; amounts received by heirs under RA 4917; and the net share of the surviving spouse. The TRAIN law removed the former deductions for funeral, judicial, and medical expenses.
The estate tax return, BIR Form 1801, must generally be filed and the tax paid within one year from the date of death. In meritorious cases the BIR may grant up to 30 days’ extension to file, and an extension to pay of up to five years (estate settled in court) or two years (settled extrajudicially). Payment by installment within two years may also be allowed.
Late filing or payment carries a surcharge of 25% of the basic tax (50% if the return is false or fraudulent) under Section 248, plus interest of 12% per year under Section 249 as amended by the TRAIN law, running from the deadline until payment. A compromise penalty from a BIR schedule may also apply. If the net taxable estate works out to zero, there is no basic tax and so no surcharge.
No. The BIR must first issue the electronic Certificate Authorizing Registration (eCAR), which is released only after the estate tax is settled. Until then the property stays in the decedent’s name and cannot be sold, mortgaged, or cleanly partitioned among the heirs.
No. The amnesty under RA 11213, as extended by RA 11956, covered deaths on or before May 31, 2022, and its final deadline of June 14, 2025 has passed. Estates must now be settled under the regular 6% estate tax, with surcharge and interest on any late payment.
This calculator and these answers are general legal information, not legal advice, and every estate is different. For a computation you can rely on and help settling the estate with the BIR, speak with an attorney of the firm.
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