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Compromise based on financial incapacity Financial incapacity or when the financial position of the taxpayer demonstrates a clear inability to pay the assessed tax requiring a compromise payment of at least 10% of basic tax assessed.
In case of a decedent registered with the BIR who has no properties subject to estate taxes, the heirs shall request for cancellation of the decedent's TIN by accomplishing BIR Form 1905. 2. Notice of Death and Death Certificate shall be submitted to the BIR district office where the TIN of the decedent is registered.
The letter-application for compromise settlement shall be filed with the Commissioner, through the Regional Director/ACIR-LTS or Revenue District Officer/LTDO/LTCED having jurisdiction over the taxpayer. The said letter must state the reason/s for such a request and the amount he is willing to pay.
One ground for compromise is doubtful validity of assessment, in which case, the Commissioner can compromise to not less than 40 percent of the basic tax. Another ground is when the taxpayer is financially incapable, in which case, taxpayer may only pay not less than 10 percent of the basic tax.
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