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RA 4917 pertains to the non taxability of retirement benefits established for individuals which are not subject to levy or execution other than unpaid payments to the said retirement fund or to answer for criminal liability.
The said amount is included in the provisions of "exclusions from gross income" under the national internal revenue code and is likewise treated as a deduction from the gross estate of the decedent, provided that the same was included in the "gross estate" of the deceased. In Section 86 (A)7 of the NIRC it is provided that:
(7) Amount Received by Heirs Under Republic Act No. 4917. - Any amount received by the heirs from the decedent-employee as a consequence of death of the decedent - employee in accordance with Republic Act No. 4917: Provided, That such amount is included in the gross estate of the decedent.
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