I. Due process requirements in the issuance of deficiency tax amendments (PAN)
If within 15 days from receipt of PAN, no answer If within 15 days from receipt of PAN, answer but disagrees II. Exceptions to the PAN When can FLD/FAN be issued outright III. FLD/FAN (concept) compare to PAN IV. Disputed Assessment Period (in general) i. If the taxpayer fails to file a “valid protest,” effect Manner i. Request for reconsideration ii. Request for reinvestigation 1. Period to submit relevant supporting documents 2. Meaning of relevant supporting documents 3. “assessment shall become final” What should be contained in the protest If there are several issues involved in the FLD/FAN but taxpayer disputes only some issues therein, effect If there are several issues and the disputant fails to state the facts, applicable law, rules, and regulations, or jurisprudence, effect Remedies if the protest is denied by the Commissioner’s authorized representative i. Appeal to CTA within 30 days ii. Reconsideration filed with the Commissioner iii. Restriction: Only matters issued in the decision of he Commissioner’s duly authorized representative Remedies if the protest is not acted upon by the Commissioner’s duly authorized representative i. Appeal to the CTA within 30 days after the 180 day period ii. Await the final decision of the Commissioner’s authorized representative on the disputed assessment Remedy if the protest is denied by the Commissioner i. Effect of MR to the reglamentary period Remedies if the Commissioner failed to act upon the protest i. Appeal to the CTA ii. Await final decision and appeal to the CTA (Note: mutually exclusive) V. Final Decision on Disputed Assessment FDDA What must be contained i. Basis ii. “Final Decision” VI. Modes of Service Personal Substituted i. Instances Service by Mail i. Order of preference VII. Illustrations for the computation of deficiency interest Scenario 1: not protested, not paid Scenario 2: timely protested but not paid Scenario 3: timely and validly protested but not paid