Center Tanauan City, Batangas “Committed to your CPA review needs” JVR Define Taxation 1. As a state power: Taxation refers to the inherent power of a sovereign state acting through its legislature to impose a proportionate burden upon persons, property, rights or transaction to raise revenue to support government expenditure and as a tool for general and economic welfare (PUBLIC PURPOSE). 2. As a process: Taxation refers to the act of imposing a tax by a sovereign state to raise revenue for the use and support of the government. What are limitations on the power of taxation? 1. Inherent limitations – those that restrict the power of taxation even though not provided in the constitution. 2. Constitutional Limitations – Those that limit power of taxation as embodied in the constitution. Due Process of Law (Equality) Uniformity and equity rule No person shall be imprisoned for debt or non-payment of a poll tax Charitable institutions, churches, and parsonages, or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation (real property tax) No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of Congress No law impairing the obligation of contracts shall be passed (Bilateral, Unilateral, Franchise) No law shall be passed abridging the freedom of speech, of expression, or of the press No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof All appropriation, revenue or tariff bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments The Congress, may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government The Supreme Court shall have the power to review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties The President shall have the power to veto any particular item or items in an appropriation, revenue or tariff bill, but the veto shall not affect the item or items to which he does not object No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of nay priest, preacher, minister, or other religious teacher or dignitary is assigned to the armed forces or to any penal institution, or government orphanage or leprosarium (Separation of Church and the State) All money collected or any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government INHERENT POWERS OF THE STATE Three inherent powers of a state: 1. Power of taxation 2. Power of Eminent Domain – it refers to the inherent power of a sovereign state to take private property for public use upon payment of a just compensation. 3. Police Power – it refers to the inherent power of a sovereign state to enact laws to promote public health, public safety, public morals and the common good. SIMILARITIES: (GIME) 1. They are indispensable to government existence. 2. They can exist independent of the constitution. 3. They are means by which the state interferes with private rights and properties. 4. They are generally exercised by the legislature.
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TAXATION: TAXATION PRINCIPLES 5. They contemplate an equivalent compensation or benefit. Point of Distinction Taxation Police Power Eminent Domain Exercising Authority Government Government Government or private entities Purpose Revenue and support of Property is taken for Property is taken for public the government public use use Persons affected Community or class of Community or class of Owner of the property individuals individuals
Amount of Imposition Unlimited Sufficient to cover the No imposition, the owner is
costs of regulation paid the fair market value of his property Relationship with the Inferior to the “Non- Superior to the “Non- Superior and may override Constitution Impairment Clause” of Impairment Clause” of the “Non-Impairment the Constitution the Constitution Clause” of the Constitution Limitation Constitution and Public purpose Public purpose and just Inherent Limitations compensation
SOURCES of Tax Laws (STEAL-JORC)
1. 1987 Constitution 2. Tax Statutes 3. Executive Orders 4. Local Tax Ordinances 5. Tax Treaties 6. Judicial Decisions 7. Rules and Regulations (BIR, BOC, DOF) 8. Administrative Interpretations and 9. Opinions of tax officials Nature and Characteristics of Tax Laws 1. Tax Laws are prospective, in general 2. Revenue laws are not political in nature 3. Legislative intent 4. Tax Laws are special laws, and prevail over general laws 5. Tax Laws are not penal in character Power of judicial REVIEW Courts cannot inquire into the wisdom of a taxing act. As long as the legislature, in imposing a tax, does not violate applicable constitutional limitations or restrictions, the courts have no concern with the wisdom or policy of the exaction, the political or other collateral motives behind it, the amount to be raised, or the persons, property or other privileges to be taxed. Define TAXES Taxes are enforced proportional contributions levied by the state for the support of the government. What are the essential characteristics, requisites or elements of a tax? (LEGS + PP) a. A tax is an enforced contribution. b. It is proportionate in character. c. It is imposed pursuant to a legislative authority. d. It is imposed for public purpose. e. It is generally payable in money. f. It is levied within the territorial and legal jurisdiction of a state (SITUS). Tax distinguished from OTHER CHARGES and FEES DISTINCTION OF TAX WITH SIMILAR ITEMS
TAX VS. REVENUE
Tax Revenue Refers to the amount imposed Refers to the amount collected Only one of the sources of government The product of taxation. It refers to all the revenues funds derived by the government whether from tax or from other sources. Revenue is broader than Tax
TAX VS. LICENSE
Point of distinction Tax License Purpose For revenue For regulation Amount No limit Limited to cost of regulation Subject of Imposition Person, properties, business Required for the rights, interests, privilege, acts commencement of a business and transactions profession Effect of non-compliance Does not necessarily make the Makes the business illegal act, business or profession
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TAXATION: TAXATION PRINCIPLES illegal Revocability Has a nature of permanence Always revocable Scope The power to tax includes the Power to license does not power to license include the power to tax When imposed Post-activity Pre-activity Basis of imposition Current data Preceding year or quarter date. If new business, based on capitalization Sources of Power Taxing power of the government Police power of the government
TAX VS. TOLL
Tax Toll Demand of sovereignty Demand of ownership One’s support for the government Compensation for the use of somebody else’s property Imposed only by the government May be imposed by the government or by private individuals Based on government needs Determined by the cost of the property or improvements thereon
TAX VS. DEBT
Tax Debt Basis Law Contract Effect of non-compliance May involved imprisonment, except No imprisonment for poll tax Assignable? No Yes Mode of settlement Generally money Cash or In kind Set-off? Generally not subject to set-off Subject to set-off Interest Does not earn interest except when Draws interest when stipulated or delinquent when in POGIault
TAX VS. SPECIAL ASSESSMENT
Tax Special Assessment Subject of the imposition business, interests, transactions, Land rights, persons, properties or privileges Effect on the person May be made a personal liability of Cannot be made the personal owning the subject the person assessed liability of the person assessed, because it is the land that answers for the liability Basis of Imposition Necessity with no hope of direct or Entirely on benefits received immediate benefit to the taxpayer Coverage of application General application Exceptional in application
TAX VS. TARIFF
Tariff refers to a book of rates containing names of merchandises with corresponding duties to be paid for the same. Tariff refers to the duties payable on goods imported or exported. It is a system or principle of imposing duties on the importation or exportation of goods.
TAX VS. PENALTY
Tax Penalty to regulate conduct through Purpose to raise revenue punishment and suppression of injurious act Exercising authority the government the government or by private individuals Source Law Law or contract Mode of settlement in money in money or in kind
Tax Administration It is a system involving assessment, collection and enforcement of taxes, including the execution of judgement in all taxes cases decided in favor of the BIR by the courts.
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TAXATION: TAXATION PRINCIPLES Powers and duties of the BIR 1. Assessment and collection of all national internal revenues taxes, fees and charges 2. Enforcement of all forfeitures, penalties and fines connected therewith 3. Execution of judgement in all cases decided in its favor by CTA and ordinary courts 4. Give effects to and administer the supervisory and police power conferred to it by the NIRC or other laws. Powers and Duties of the Commissioner of Internal Revenue (CIR) 1. To interpret tax laws and to decide tax cases 2. To obtain information, and to summon, examine, and take testimony of persons 3. To make assessments and prescribe additional requirements for tax administration and enforcement 4. Power to Compromise Taxes Reasonable doubt as to validity of claim against taxpayer Financial incapacity of taxpayer 5. Power to Abate or Cancel Tax Liabilities Excessive assessment Cost exceeds benefit Power to Make Assessments 1. To examine returns and determine tax due (whether there is filing of return or not) 2. To conduct inventory-taking, surveillance and to prescribe presumptive gross sales and receipts 3. To terminate taxable period 4. To prescribe real property values 5. To inquire into bank deposit accounts For determination of gross estate Compromise by reason of financial incapacity 6. To accredit and register tax agents 7. To prescribe additional procedural or documentary requirements Non-delegable powers of the Commissioner 1. The power to recommend the promulgation of rules and regulations by the Secretary of Finance 2. The power to issue rulings of first impression or to reverse, revoke or modify any existing ruling of the Bureau 3. The power to compromise or abate any tax liability 4. The power to assign or reassign internal revenue officers to establishments where articles subject to excise tax are produced or kept
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TAXATION: TAXATION PRINCIPLES Multiple Choices b. As a theory of taxation, this is Taxation called “ability-to-pay-theory”; 1. Not one of the purposes or objectives of c. No person shall be imprisoned for taxation non-payment of a tax; a. Reduction of social inequity d. A graduated tax table is in b. Protectionism consonance with this rule. c. Promotion of general welfare Limitations d. Expropriation 8. The City of Manila, claiming that it can 2. Which is the correct and best statement? A impose taxes under the Local Government tax reform at any given time underscores the Code, imposed a tax on banks (in addition to fact that: the percentage tax on banks imposed in the a. Taxation is an inherent power of the state; National Internal Revenue Code). The banks b. Taxation is essentially a legislative power; within the City of Manila objected for the c. Taxation is a power that is very broad; various reasons written below. d. The state can and should adopt progressive taxation. Which would satisfy the objection of the 3. Which statement is wrong? A revenue bill: banks? a. Must originate from the House of a. The power of taxation cannot be Representatives and on which same bill the delegated; Senate may propose amendments; b. The rule on double taxation; b. May originate from the Senate and on which c. Uniformity in taxation; same bill the House of Representatives may d. None of the above. propose amendments; Inherent Limitations c. May have a House version and a Senate 9. Statement 1: Direct double taxation is version approved separately, and then prohibited by the Philippine Constitution. consolidated, with both houses approving the Statement 2: Indirect double taxation is consolidated version; allowed by the Philippine Constitution. d. May be recommended by the President to a. The first statement is true while Congress. the second statement is false; 4. Which of the following statements is not b. The first statement is false while correct? the second statement is true; a. Taxes may be imposed to raise revenues or c. Both statements are true; to provide disincentives to certain activities d. Both statements are false. within the state; Constitutional Limitations b. The state can have the power of taxation 10. Which statement is false? even if the Constitution does not expressly a. A law that imposes a tax on give it the power to tax; sugar mills and centrals where the revenue c. For the exercise of the power of taxation, the collected will be used to improve the sugar state can tax anything at any time; industry is a tax for a public purpose, and the d. The provisions of taxation in the Philippine law is constitutional; Constitution are grants of power and not b. A law that imposes a tax on limitations on taxing powers. movie goers in the city, where the revenue 5. A tax must be imposed for a public purpose. will be used to improve flood control Which of the following is not a public infrastructures in the low areas in the city is purpose? constitutional; a. National Defense; c. A law that gives tax privileges to b. Public education; manufacturers in defined industrial areas, c. Improvement of sugar industry; which are not enjoyed by other d. None of the above. manufacturers elsewhere, is not Limitations discriminatory and is constitutional; 6. Statement 1: Because the power of taxation d. None of the above. is inherent in state, the inherent limitation on Constitutional Limitations the power of taxation always applies. 11. POGI School of Accountancy, a private Statement 2: Inherent limitations on the educational institution which is offering power of taxation must give way to primary, secondary and tertiary education is constitutional limitations. registered with and accredited by DepEd and a. The first statement is true while CHED. the second statement is false; Which of the following is exempt from tax? b. The first statement is false while What kind of tax? the second statement is true; a. The importation of laboratory equipments – c. Both statements are true; from customs duties d. Both statements are false. b. The school building being rented by the Constitutional Limitations school – from real property tax 7. Which statement is wrong? “The tax should c. A portion of the school building being leased be based on the tax payer’s ability to pay” to a fastfood chain – from real property tax a. As a basic principle of taxation, d. The income from operation – from income this is called “theoretical justice”; tax
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TAXATION: TAXATION PRINCIPLES 12. Assuming that the school is a non-stock non- Bldg. 2 being used as dormitory of profit educational institution. Which of the students-scholar but open to non-students following is subject to tax? What kind of tax? who want to stay therein a. The school building owned by the school – Bldg. 3 owned by Mr. Jonas being leased from real estate tax to POGI University and used as b. The school building being rented by the administration building which houses the school – from real property tax offices of the school president, registrar, c. A portion of the school building being leased principal, deans and other school officials. to a fastfood chain – from real property tax d. The income from operation – from income Which of the following buildings is exempt tax from real estate tax? Constitutional Limitations a. Buildings 1 and 3 13. Congressman Manny Pacquiao and Senator b. Buildings 1 and 2 Grace Poe sponsored a bill in the House of c. All of them Representatives and the Senate, d. Building 1 only respectively, subjecting to a zero rate (0%) Constitutional Limitations of value-added tax the sale of mineral 18. The Congress may, by law, delegate the resources. Which of the following is correct? legislative power to the President to fix a. The senate bill should be discussed ahead of within specified limits the following, except: the house bill a. Tariff rates b. The senate and house bills should be b. Tonnage and wharfage dues discussed at the same time c. Import and export quotas c. The house bill should be discussed ahead of d. Arrastre charges the senate bill Constitutional Limitations d. Any of them can be discussed ahead of the 19. The Municipality of Malvar has a ten hectare other cemetery consisting of four different Limitations cemeteries which are differently owned. 14. Which of the following questions is Which of the following is subject to real answerable by “YES”? estate tax? a. May Congress, under the 1987 Constitution, a. Cementerio Municipal del Malvar – a abolish the power to tax of local government government cemetery owned by the units? municipal government which was established b. May a tax be validly imposed in the exercise for the purpose of using it as burial ground of of the police power and not of the power to those living in the squatter area tax? b. Malvar Catholic Cemetery – owned by c. Is indirect duplicate taxation a valid defense Catholic Church; profits are remitted to the against legality of a tax measure? church for betterment of cemetery d. When an item of income is taxed in the c. Malvar Memorials – owned by a corporation Philippines and the same income is taxed in where dividends are distributed to the another country, is there a case of direct shareholders at the end of the year double taxation? d. Malvar Gardens – owned by an association Inherent Limitations consisting of 1,000 families; each family 15. Not a usual method of avoiding the owns 50 square meters of lot; not a single occurrence of double taxation portion is held for sale to either member or a. Allowance of tax credit for foreign taxes paid non-member of the association b. Allowance of deduction for foreign taxes paid Inherent Limitations c. Reporting an income which is lower than the 20. A tax upon a corporation for its property and correct amount upon its shareholders for their shares is an d. Reduction of the Philippine tax rate example of: Constitutional Limitations a. Direct double taxation 16. Fr. Villegas had the following activities during b. Indirect duplicate taxation the week. Which of the following activities is c. Uniformity in taxation subject to income tax? d. Due process a. Celebrates mass and collect the alms from the faithful 21. Which statement gives the correct answer? b. Solicit funds for the construction of the That a feasibility study needs or need not church look into the taxes of different political c. Teaches religion in one university and subdivisions of government which may be collects his salary alternative sites of the business is because: d. Sells bible to the public a. Provinces, cities and Constitutional Limitations municipalities must have uniform taxes 17. POGI University is a non-stock, non-profit between and among themselves; educational institution run by Lipa Cathedral. b. The local taxes of one political It is occupying the following buildings: subdivision need not be uniform with the Bldg. 1 being used by students for local taxes of another political subdivision; classroom purposes c. Businesses that are subject to national business taxes are exempt from local business taxes;
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TAXATION: TAXATION PRINCIPLES d. Local business taxes maybe implements by imposing a penalty when the credited against business national taxes. law that authorizes the revenue regulation does not impose a penalty. 22. Under this basic principle of a sound tax a. The first statement is true while system, the Government should not incur a the second statement is false; deficit: b. The first statement is false while a. Theoretical justice; the second statement is true; b. Administrative feasibility; c. Both statements are true; c. Fiscal adequacy; d. Both statements are false. d. None of the above. Principles of a Sound Tax System 29. One of the characteristics of internal revenue 23. As a basic principle of taxation, that “Taxes laws is that they are: must be based on the taxpayer’s ability to a. Criminal in nature; pay” is called: b. Penal in nature; a. Equality in taxation; c. Political in nature b. Ability-to-pay theory; d. Generally prospective in c. Theoretical justice; application. d. Equity in taxation. 30. Which of the following is erroneous? 24. The following, except one, are basic a. Taxes are pecuniary in nature principles of a sound tax system: b. Taxes are enforced charges and contributions a. It should be capable of being effectively c. Taxes are levied by the executive branch of enforced the government b. It must be progressive d. Taxes are imposed on persons and property c. Sources of revenue must be sufficient to within the territorial jurisdiction of a state meet government expenditures and other public needs 31. Which of the following is not an example of d. It should be consistent with economic goals excise tax? a. Transfer tax; 25. The following are similarities of the inherent b. Value added tax; power of taxation, eminent domain and c. Real property tax; police power except one: d. Income tax. a. Are necessary attributes of sovereignty; 32. Tax of a fixed proportion of the value of the b. Interfere with private rights property with respect to which the tax is property; assessed and requires the intervention of c. Affect all the persons or the assessors or appraisers to estimate the value public; of such property before the amount due from d. Are legislative in implementation. each taxpayer can be determined is known as: 26. Which statement is false? a. Specific; a. A tax is a demand of sovereignty b. Ad valorem; while a toll is a demand of property c. Special or regulatory; ownership; d. Answer not given. b. Non-payment of a tax does not Kinds of Taxes-Incidence make the activity taxed unlawful; 33. The basic community tax of P5.00 of an c. A grant of police power to a unit individual is: of local government carries with it a grant of a. An excise tax; the power to tax; b. A direct tax; d. Customs duty is a tax. c. A national tax; d. An ad valorem tax. 27. One of the following is not a characteristic of police power in distinguishing it with the 34. Statement 1: The value-added tax is a other powers property tax. a. It regulates both liberty and property Statement 2: The estate tax is a direct tax. b. The property taken is destroyed for the a. The two statements are correct. purpose of promoting the general welfare b. The two statements are wrong. c. The amount imposed should only be c. The first statement is correct sufficient to cover the necessary expenses of while the second statement is wrong. police surveillance and regulation d. The first statement is wrong d. The authority to exercise the power may be while the second statement is correct. granted to public service companies Tax vs. License Fee 35. Tax as distinguished from license fee: 28. Statement 1: A revenue regulation must not a. Non-payment does not be contrary to the provision of the law that it necessarily render the business illegal; implements. b. A regulatory measure; Statement 2: A revenue regulation cannot c. Imposed in the exercise of the expand the provision of the law that police power;
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TAXATION: TAXATION PRINCIPLES d. Limited to cover cost of Forms of Tax Escape regulation. 42. Statement 1: Tax evasion, which is the use of means to escape a tax that is already a 36. This is a demand of owners: liability, is prohibited by law, and is a. License fee; punishable; b. Tax; Statement 2: Tax avoidance which is the use c. Toll; of means to prevent an accrual of tax, or to d. None of the above. minimize a tax that may accrue is likewise prohibited by law and is punishable. 37. Tariff may generally be defined as: a. The first statement is true while a. Amounts imposed on goods entering the the second statement is false; imposing country b. The first statement is false while b. Amounts which are levied on goods leaving the second statement is true; the imposing country c. Both statements are true; c. Amounts imposed on goods passing through d. Both statements are false. the imposing country, but destined ultimately Forms of Tax Escape to another country 43. Statement 1. A tax amnesty that forgives tax d. List of commodities with corresponding delinquency of prior years is a legislative act duties collectible therefrom of the Government; Statement 2.A tax compromise that lowers 38. The power of taxation is inherent in the delinquent tax due from a taxpayer is an sovereignty being essential to the existence executive act pursuant to a legislative grant of every government. Hence, even if not of power to the Executive Department of the mentioned in the Constitution, the state can Government. still exercise the power. a. The first statement is true while the second statement is false; It is essentially a legislative function. Even in b. The first statement is false while the absence of any constitutional provisions, the second statement is true; taxation power falls to Congress as part of c. Both statements are true; general power of law-making. d. Both statements are false. a. False, False Forms of Tax Escape b. False, True 44. Tax exemption as distinguished from tax c. True, True amnesty d. True, False a. Freedom, immunity or privilege from the burden of taxation to which others are 39. All items of gross income, deductions, and subject personal exemptions, if any, are reported in b. General pardon on persons guilty of tax one income tax return and the tax is paid evasion under a single set of income tax rates c. Condones tax liabilities, penalties as well as a. Global tax system criminal or administrative penalties b. Semi-schedular tax system d. Waiver of the government’s right to collect c. Schedular tax system past due and unpaid tax collectibles giving d. Withholding tax system tax evaders who wish to relent and are willing to reform a chance to do so 40. Which of the following is not a tax under the Forms of Tax Escape NIRC? 45. Which of the following is not correct with a. Documentary stamp tax respect to tax exemption? b. Excise tax on cigars and cigarettes a. Tax exemptions are liberally construed in c. Community tax favor of the grantee and strictly against the d. Franchise tax government b. When tax exemption is claimed, it must be 41. Which of the following is not a scheme of shown to exist, for every presumption is shifting the incidence of taxation? against it, and a well-founded doubt is fatal a. The manufacturers transfers the to the claim tax to the consumer by adding the tax to the c. Tax exemptions are looked upon with selling price of the goods sold; disfavor against the grantee and generally in b. The purchaser asks for a discount favor of the taxing authority or refuse to buy at a regular prices unless it d. The state cannot strip itself of the most is reduced by the amount equal to the tax he essential power of taxation by doubtful word. will pay; It cannot be deprived of this attribute of c. Changing the terms of the sale sovereignty like FOB shipping point in the Philippines to Taxpayer’s Suit FOB destination abroad, so that the title 46. A taxpayer gives the following reasons in passes abroad instead of in the Philippines; refusing to pay a tax. Which of the following d. The manufacturer transfers the is not acceptable for legally refusing to pay sales tax to the distributor, then in turn to the tax? the wholesaler, in turn to the retailer and a. That there is lack of territorial jurisdiction finally to the consumer. b. That due process of law was not observed
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TAXATION: TAXATION PRINCIPLES c. That the prescriptive period for assessment 53. The power to decide disputed assessments, has elapsed refunds of taxes, fees and other charges, d. That he will derive no benefit from the tax penalties, and other matters arising under Tax Administration the NIRC is vested with the Commissioner of 47. Which of the following is not true? Internal Revenue, subject to the exclusive a. If a taxpayer is acquitted in a criminal appellate jurisdiction of violation of the Tax Code, this acquittal does a. Commissioner of Internal Revenue not exonerate him from his civil liability to b. Court of Appeals pay the taxes c. Secretary of Finance b. A conviction for tax evasion is not a bar for d. Court of Tax Appeals collection of unpaid taxes Powers of CIR vs. Powers of BIR c. A tax assessment is necessary to a criminal 54. Question 1: Does the power of the prosecution for willful attempt to defeat and Commissioner of Internal Revenue to inquire evade payment of taxes into the bank deposits of a taxpayer conflict d. Criminal proceedings under the Tax Code is with the Secrecy of Banks Deposits Law? now a mode of collection of internal revenue Question 2: May the Commissioner of taxes, fees or charges Internal Revenue authorize an examiner to inquire into the bank deposits of a taxpayer 48. One of the following does not fall within the who is suspected to have committed fraud in powers of the Commissioner of Internal declaring his income? Revenue (CIR) a. To review tax cases decided by the Court of Which of the above questions is answerable Tax Appeals by “Yes”? b. To interpret tax laws and to decide tax cases a. Question 1 only c. To summon, examine and take testimony of b. Question 2 only persons c. Questions 1 and 2 d. To make assessment and prescribe additional d. Neither Question 1 nor 2 requirements to tax administration and Powers of CIR vs. Powers of BIR enforcement 55. A Commissioner of Internal Revenue cannot a. Abate or cancel tax liability 49. The following are coercive means in the b. Compromise payment of internal revenue collection of taxes by the BIR, except one: taxes a. Distraint and levy c. Credit or refund taxes erroneously or illegally b. Compromise collected c. Enforcement of tax lien d. Compromise criminal aspect of tax violations d. Seizure of goods on which the government if already filed in court has a claim for unpaid taxes Tax Compromise 56. Which of the following tax cases cannot be 50. Which of the following violations cannot be the subject of a compromise? subject to compromise penalties? a. Those pending before the CIR a. Failure to keep/preserve books of accounts b. Those filed in the Regional Trial Court and accounting records c. Cases filed in the Office of the City b. Failure to keep books of accounts or records Prosecutor in a native language or English d. Cases under investigation by a Revenue c. Failure to have books of accounts audited Examiner and have financial statements attached to Tax Agents income tax return certified by independent 57. Which of the following is not qualified to be CPA accredited as tax agent? d. Keeping two sets of books of accounts or a. CPAs engaged in public practice of records accounting b. Corporations organized for the practice of 51. All of the following, except one, are powers public accountancy and duties of the BIR: c. Partners in a general professional partnership a. Enforcement of penalties, fines and engaged in the practice of accounting, forfeitures auditing, and taxation b. Assessment and collection of fees, taxes and d. Graduates of degree in Bachelor of Science in charges Business Administration with at least 18 units c. Decide tax cases in accounting and/or taxation d. Administrative supervision over its personnel Claim for Refund 58. Which of the following is false with respect to 52. The power to interpret the provisions of the a claim for refund? NIRC shall be under the exclusive and a. A withholding agent has the right to file an original jurisdiction of the application for tax refund a. Commissioner of Internal Revenue b. A refund uncashed within two years from the b. Secretary of Justice date mailed or delivered, shall be forfeited c. Secretary of Finance c. If the two year prescriptive period to file d. Court of Tax Appeals claim for refund is about to expire, the taxpayer should directly commence the case
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TAXATION: TAXATION PRINCIPLES to the Court of Tax Appeals without the need d. File an appeal to SC of filing a claim with the Commissioner of Claim for Refund Internal Revenue 63. Date of final payment d. The two year prescriptive period to claim April 11, 2013 refund should be computed from the time of Claim for refund was mailed to BIR filing the Adjustment Return and final June 30, 2013 payment of the tax for the year Claim for refund was received by BIR Claim for Refund December 30, 2013 59. The following data pertains to an income Decision of BIR denying the claim was signed taxpayer: by CIR March 4, 2015 Amount of tax per ITR P Decision of BIR was mailed 25,000 March 6, 2015 Withholding tax Decision of BIR was received by taxpayer 10,000 March 10, 2015 1st installment payment April 1, 2013 When is the last day to file an appeal to the 2nd installment payment CTA? June 30, 2013 a. April 4, 2015 b. April 6, 2015 When is the last day to claim for refund? c. April 9, 2015 a. April 1, 2015 d. April 10, 2015 b. April 15, 2015 c. June 30, 2017 d. June 30, 2015 Claim for Refund 60. Date of tax erroneously paid April 14, 2013 Date claim for refund was filed with BIR Feb 14, 2014 Date BIR decision of denial was received Mar 5, 2015
The last day to appeal to the Court of Tax
Appeals a. April 4, 2015 b. April 14, 2015 c. February 14, 2016 d. April 5, 2015 Claim for Refund 61. Date of tax erroneously paid April 14, 2013 Date claim for refund was filed with BIR Feb 14, 2014 Date BIR decision of denial was received April 5, 2015
The last day to appeal to the Court of Tax
Appeals a. May 5, 2015 b. April 14, 2015 c. May 4, 2015 d. February 14, 2016 Claim for Refund 62. POGI, a businessman, filed his ITR and paid the tax due thereon on April 15, 2015. Later on, he found out that he erroneously computed his tax liability and that he overpaid it by P169,000. He filed a claim for refund on December 22, 2015. He did not receive any reply or decision from the BIR until he was reminded by a friend on March 23, 2017. At this date, what step should be taken by POGI in order to recover the P169,000? a. No action should be made, just wait for the decision from the BIR b. Send a follow-up letter to the CIR c. File an appeal to the CTA