Remedies – Addtnl Cases

November 28, 2020

G.R. No. 197590. November 24, 2014.]
BUREAU OF INTERNAL REVENUE vs. COURT OF APPEALS, SPOUSES ANTONIO VILLAN MANLY, AND RUBY ONG
MANLY – Del Castillo ponente
• EXPENDITURE METHOD

• The government is allowed to resort to all evidence or resources available to determine a

taxpayer's income and to use methods to reconstruct his income. A method commonly
used by the government is the expenditure method, which is a method of reconstructing
a taxpayer's income by deducting the aggregate yearly expenditures from the declared
yearly income.

• The theory of this method is that when the amount of the money that a taxpayer spends
during a given year exceeds his reported or declared income and the source of such
money is unexplained, it may be inferred that such expenditures represent unreported or
undeclared income.

• The huge disparity between respondent Antonio's reported or declared annual income
for the past several years and respondent spouses' cash acquisitions for the years 2000,
2001, and 2003 cannot be ignored. In fact, it makes us wonder how they were able to
purchase the properties in cash given respondent Antonio's meager income.
 Reiterates the salient points on the proper execution of
waivers of the defense of prescription
RMC No. 1412019 dated December 20, 2019

The Waiver is a unilateral and voluntary undertaking which shall take legal effect
and be binding on the taxpayer immediately upon his execution thereof.

The Waiver need not specify the type of taxes to be assessed nor the amount
thereof.

It is no longer required that the delegation of authority to a representative be in

writing and notarized.

The taxpayer cannot seek to invalidate his Waiver by contesting the authority of
his own representative.

It is the duty of the taxpayer to submit his Waiver to the officials listed in the said
RMO prior to the expiration of the period to assess or to collect as the case may
be.

Page 3 October 2020 Annual Remedies Tax Update

 Reiterates the salient points on the proper execution of
waivers of the defense of prescription…
RMC No. 1412019 dated December 20, 2019

In addition to the previously authorized officials, the RDO or Group Supervisor as

designated in the Letter of Authority or Memorandum of Assignment can accept
the waiver.

The date of acceptance by the BIR Officer is no longer required to be indicated for
the Waiver's validity.

The taxpayer shall have the duty to retain a copy of the submitted Waiver.

Notarization of the Waiver is not a requirement for its validity.

Page 4 October 2020 Annual Remedies Tax Update

 Reiterates the salient points on the proper execution of
waivers of the defense of prescription…
RMC No. 1412019 dated December 20, 2019

The taxpayer is charged with the burden of ensuring that his Waiver is validly
executed when submitted to the BIR. Thus, the taxpayer must ensure that his
Waiver:

a. Is executed before the expiration of the period to assess or to collect taxes.

b. Indicates the expiry date of the extended period.

c. Indicates the type of tax (for waiver of the prescriptive period to collect).

d. Is signed by his authorized representative.

There is no strict format for the Waiver. The taxpayer may utilize any form with no
effect on its validity. Given the sparse requirements of RMO No. 1416, an
illustration of its key elements is provided herein as Annex "A".

Page 5 October 2020 Annual Remedies Tax Update

 Suspends the running of the Statute of Limitations
pursuant to Section 223
RR Nos. 52020, 72020, 102020 and 112020; RMC No. 342020, RMC 742020, RMC 772020

Suspended
• Running of the Statute of Limitation under Sections 203 and 222 of the Tax
Code

Period
• For a period starting on 16 March 2020, suspension of running of the
statute of limitations is extended until 60 days from the lifting of the
enhanced community quarantine (ECQ RMC 742020; RMC 772020
• This Circular shall apply nationwide on areas placed under ECQ. RMC
742020

Page 6 October 2020 Annual Remedies Tax Update