Ex-BIR commissioner Kim Henares: Marcoses have to pay estate tax

The Marcoses have an obligation to pay the estate tax on the assets left by the late former dictator Ferdinand Marcos, a former Bureau of Internal Revenue commissioner said on Wednesday.

According to Maki Pulido's report on "24 Oras", former BIR commissioner Kim Henares said common sense dictated that the estate tax should be shouldered by the deceased's legal heirs.

A newspaper has quoted unnamed BIR officials as saying that the Marcoses could not be compelled to pay the estate tax, which is now said to be worth P203 billion after decades of being unpaid. 

“Hindi ko maintindihan kung ano bang issue. 'Di ba napakaliwanag na may obligasyon ay yung executor, administrator, or legal heirs," Henares said.

"Kung gagamitin natin ang common sense hindi naman puwedeng yung patay ang magbayad. Patay na nga siya eh,” she added.

(I don’t understand what the issue is. Isn't it clear that the executor, administrator, or legal heirs have an obligation? If we use common sense, the dead could no longer pay. He's already dead.)

The administrators of the estate included former First Lady Imelda Marcos and son Ferdinand Marcos, Jr., who's running for president in Eleksyon 2022.

A Supreme Court entry of judgment showed that its ruling to affirm the Court of Appeals decision on the Marcos estate tax in 1994 was final and executory, and the deficiency income was unappealable.

Court records show that the estate taxes were set at P23 billion in 1991 and have since reportedly grown to P203.819 billion.

Henares said that the Marcos heirs would have to pay the tax even if the BIR seized pieces of property but whose value fell short of the assessment.

“Example nga yung P23 billion liability at nakuha ko lang sa bangko ay P1 billion babawasan mo ‘yung P1 billion sa P23 billion so magiging P22 billion kung hindi naman yan ibig sabihin na porket nakakuha ka ng P1 billion ay wala na ang buong P23 billion,” Henares said.

(For instance, with a P23-billion liability, if I received P1 billion from the bank, you'll cut the P1 billion from the P23 billion, bringing the total to P22 billion. It doesn't mean that if you get the P1 billion, the entire P23 billion is gone.)

“In the same way kapag humabol ka ng asset kailangan kung ano lang ‘yung value ng asset, ‘yun lang ang ibabawas mo sa tax liability,” she said.

(In the same way, when you chase an asset, whatever's the value of the asset, that's all you can deduct from the tax liability.)

Aksyon Demokratiko, the party of presidential candidate Francisco “Isko” Moreno, called on the BIR to release a statement on the matter.

“Please come out and give an interview, or a comment or an official communication,” party chairman Ernest Ramel said.

Earlier, the BIR said it had sent a written demand to the Marcoses regarding their tax liabilities. On March 30, the Department of Finance said the BIR continues to demand the Marcos family to settle their estate tax debt.

GMA News tried to get the comment of Marcos camp and the BIR but have yet to respond as of posting time. —Mel Matthew Doctor/NB, GMA News