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Sworn Comment - Mr. 28
Sworn Comment - Mr. 28
deficiency tax or taxes, the said Office shall issue to the taxpayer a Preliminary
Assessment Notice (PAN) for the proposed assessment. It shall show in detail the
facts and the law, rules and regulations, or jurisprudence on which the proposed
assessment is based
If the taxpayer fails to respond within fifteen (15) days from date of receipt of the
PAN, he shall be considered in default, in which case, a Formal Letter of Demand
and Final Assessment Notice (FLD/FAN) shall be issued calling for payment of the
taxpayer's deficiency tax liability, inclusive of the applicable penalties.”
Income Not Subjected to VAT”, with no explanation to fully appraise the undersigned
of the facts and circumstances regarding the alleged deficiency.
“Sec. 2.58.5. Requirements for Deductibility. - An income payment which is
otherwise deductible under the Code shall be allowed as a deduction from the
payor's gross income only if it is shown that the income tax required to be withheld
has been paid to the Bureau in accordance with Secs. 57 and 58 of the Code.
(B) The recipient/payee failed to report the income on the due date thereof,
but the withholding agent/taxpayer pays the tax, including the interest incident to the
failure to withhold the tax and surcharges if applicable, at the time of
audit/investigation or reinvestigation/reconsideration.”
The aforementioned Value Added Tax out of the line in the Preliminary
Assessment Pan as merely “Other Income Not Subjected to VAT - P480,000.00, is
in contravention of Section 228 of the National Internal Revenue Code quoted as
follows:
x x xThe taxpayers shall be informed in writing of the law and the facts on which the
assessment is made; otherwise, the assessment shall be void.”
It is clear in the foregoing that the assessment is without legal nor factual
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