Professional Documents
Culture Documents
1. Rolly B filed his Annual Income Tax Return for calendar year 2017 on April 20, 2018 and the
return is not fraudulent. When is the last day of the BIR to make an assessment?
Answer: A.
Explanation:
SEC. 203. Period of Limitation Upon Assessment and Collection. - Except as provided in
Section 222, internal revenue taxes shall be assessed within three (3) years after the last
day prescribed by law for the filing of the return, and no proceeding in court without
assessment for the collection of such taxes shall be begun after the expiration of such
period: Provided, That in a case where a return is filed beyond the period prescribed by
law, the three (3)-year period shall be counted from the day the return was filed. For
purposes of this Section, a return filed before the last day prescribed by law for the filing
thereof shall be considered as filed on such last day.
2. In 2018, Mr. Jose, a Financial Comptroller of JAB Company, earned annual compensation of
Php1,500,000, inclusive of 13th month and other benefits in the amount of Php120,000 but net of
mandatory contributions to SSS and PhilHealth. Aside from employment income, he owns a
convenient store, with gross sales of Php2,400,000. His cost of sales and operating expenses are
Php1,000,000.00 and Php600,000.00 respectively, and with non-operating income of
Php100,000.00
What is his tax due for 2018 if he opted to be taxed at 8% income tax rate of his gross sales for
his income from business?
a. Php465,000
b. Php263,000
c. Php513,000
d. Php410,000
Answer: C.
Solution:
2. On Business Income :
Gross Sales Php2,400,000.00
Add: Non‐operating income 100,000.00
Taxable Business Income Php 2,500,000.00
*8%
= 200,000.00
a. Every person liable to pay the value-added tax shall file a quarterly return of the amount
of his gross sales or receipts within twenty-five (25) days following the close of each
taxable quarter prescribed for each taxpayer.
b. Every person liable to pay the value-added tax shall file a quarterly return of the amount
of his gross sales or receipts within twenty (20) days following the close of each taxable
quarter prescribed for each taxpayer.
c. Every person liable to pay the value-added tax shall file a monthly return of the
amount of his gross sales or receipts within twenty-five (25) days following the close
of each taxable month prescribed for each taxpayer.
d. None of the above
Answer: A.
Explanation:
SEC.4-114-1. Filing of Return and Payment of VAT.
Filing or Return. – Every person liable to pay the value-added tax imposed under this Title
shall file a quarterly return of the amount of his gross sales or receipts within twenty-five
(25) days following the close of each taxable quarter prescribed for each taxpayer. The
term “taxable quarter” shall mean that quarter that is synchronized with the income tax
quarter of the taxpayer (i.e., the calendar quarter or fiscal quarter): Provided, however,
That VAT-registered persons shall pay the value-added tax on a monthly basis: Provided,
finally That beginning January 1, 2023, the filing and payment required under the Tax
Code shall be done within twenty-five (25) days following the close of each taxable
quarter.
4. Mr. Boy O. Tee, a resident citizen, sold his idle land located in Bulacan on February 28, 2016
for Php5,950,000.00. The property was purchased in 2005 for Php3,000,000. The current market
value of the property at the time of sale was:
BIR Commissioner’s zonal valuation 7,500,000.00
City Assessor’s schedule of values 6,000,000.00
On the 17th month following the sale of property, Mr. Boy O. Tee bought a new principal residence
in Makati at a cost of Php4,500,000.00. What will be the capital gains tax on the sale?
a. Php450,000
b. Php360,000
c. Php357,000
d. Php180,000
Answer: A.
Solution:
5. What are the uniform rates of basic real property tax applicable to (a) province and (b)
city/municipality within Metro Manila, respectively?
a. 0.5% & 1%
b. 1% & 2%
c. 1% & 2.5%
d. 1.5% & 2.5%
Answer: B.
Explanation:
A province or city or a municipality within the Metropolitan Manila Area shall fix a uniform
rate of basic real property tax applicable to their respective localities as follows:
(a) In the case of a province, at the rate not exceeding one percent (1%) of the assessed
value of real property; and
(b) In the case of a city or a municipality within the Metropolitan Manila Area, at the rate
not exceeding two percent (2%) of the assessed value of real property.
6. YOUCANDOTHIS, a domestic corporation started its operation in year 2014. For the year
ended, December 31, 2020, its net income before tax, under GAAP amount to Php855,000.00.
This amount is net of operating expense of Php10,500,000.00 which includes an allowance for bad
debts of Php180,000.00 and an actual contribution to CHED priority projects of Php560,000.00.
What is the amount of income tax due?
a. Php226,500.00
b. Php310,500.00
c. Php227,100.00
d. Php58,500.00
Answer: C.
Solution:
a. I only
b. II only
c. Both
d. None of the above
Answer: C.
Explanation:
1. FALSE, In cases when the sale amounts to P100 or more, the Registered Name, address,
business style if any and Tin of the customer shall be indicated on the face of the VAT
invoice/OR.
2. FALSE, because the transaction shall be taxable and the issuer shall be liable to pay
the VAT thereon. If a VAT-registered person issues a VAT invoice or VAT official
receipt for a VAT exempt transaction, but fails to prominently display the words “VAT-
exempt sale”, the transaction shall be considered erroneous and shall not be reported.
Sources:
1. Section 237 of TAX CODE, AS AMENDED provides the following, to wit:
Section 237. Issuance of Receipts or Sales or Commercial Invoices. - All persons subject
to an internal revenue tax shall, at the point of each sale and transfer of merchandise
or for services rendered valued at One hundred pesos (P100) or more, issue duly
registered receipts or sale or commercial invoices, showing the date of transaction,
quantity, unit cost and description of merchandise or nature of service: Provided,
however, That where the receipt is issued to cover payment made as rentals,
commissions, compensation or fees, receipts or invoices shall be issued which shall
show the name, business style, if any, and address of the purchaser, customer or
client: Provided, further, That where the purchaser is a VAT-registered person, in
addition to the information herein required, the invoice or receipt shall further show the
Taxpayer Identification Number (TIN) of the purchaser.
2. Section 109 of TAX CODE, AS AMENDED provides the following, to wit:
The foregoing exemptions to the contrary notwithstanding, any person whose sale of
goods or properties or services which are otherwise not subject to VAT, but who issues
a VAT invoice or receipt therefor shall, in addition to his liability to other applicable
percentage tax, if any, be liable to the tax imposed in Section 106 or 108 without the
benefit of input tax credit, and such tax shall also be recognized as input tax credit to
the purchaser under Section 110, all of this Code.
Answer: D.
Explanation:
In the case of Manila Mandarin Hotels v. Commissioner of Internal Revenue, CTA Case
No. 5046, March 24, 1997, the Court of Tax Appeals explained the "realization principle"
as follows:
"Under the realization principle, revenue is generally recognized when both of the
following conditions are met: (a) the earning process is complete or virtually complete,
and (b) an exchange has taken place. This principle requires that revenue must be earned
before it is recorded. Thus, the amounts received in advance are not treated as revenue
of the period in which they are received but as revenue of the future period or periods in
which they are earned. These amounts are carried as unearned revenue, that is, liabilities
to transfer goods or render services in the future — until the earning process is
complete…”
9. There shall be a prima facie evidence of a purpose to avoid the tax upon its members or
stockholders if the corporations is/are _________. Thus, they may be subjected to improperly
accumulated earnings tax.
Answer: B.
Explanation:
(1) Prima Facie Evidence. - the fact that any corporation is a mere holding company
or investment company shall be prima facie evidence of a purpose to avoid the tax upon
its shareholders or members.
(2) Evidence Determinative of Purpose. - The fact that the earnings or profits of a
corporation are permitted to accumulate beyond the reasonable needs of the business
shall be determinative of the purpose to avoid the tax upon its shareholders or members
unless the corporation, by the clear preponderance of evidence, shall prove to the
contrary.
10. A VAT-registered estate dealer transferred a piece of land to the son of his first cousin as a gift
on account of his marriage. The parcel of land had a selling price of Php2, 500,000 and fair value
of Php3, 000,000 with a cost of Php2, 000,000. How much is the value-added tax on the transfer
of property, if any?
a. P360,000
b. P300,000
c. P240,000
d. P0
Answer: A.
Solution:
1. "Goods or Properties." The term "goods" or "properties" shall mean all tangible and
intangible objects which are capable of pecuniary estimation and shall include:
(a) Real properties held primarily for sale to customers or held for lease in the ordinary
course of trade or business;
Sec. 4.106-4 of RR No. 04-2007 provides:
The term “gross selling price” means the total amount of money or its equivalent which
the purchaser pays or is obligated to pay to the seller in consideration of the sale, barter
or exchange of the goods or properties, excluding VAT. The excise tax, if any, on such
goods or properties shall form part of the gross selling price. In the case of sale, barter
or exchange of real property subject to VAT, gross selling price shall mean the
consideration stated in the sales document or the fair market value whichever is higher.
Sec 106(B) of Tax Code, as amended, provides:
(B) Transactions Deemed Sale. - The following transactions shall be deemed sale:
(1) Transfer, use or consumption not in the course of business of goods or properties
originally intended for sale or for use in the course of business;
-Estate Dealer
11. Pong Co., a VAT taxpayer, purchased the following machineries for the first quarter of 2018.
Please note that the amounts shown are exclusive of VAT:
Life Cost
January 3 2 Php 500,000.00
January 15 3 640,000.00
February 10 6 1,000,000.00
February 20 3 400,000.00
March 1 5 220,000.00
March 30 4 600,000.00
a. 2,800.00
b. 7,633.33
c. 3,333.33
d. 7,966.66
Answer: D.
Solution:
Multiply by: 12% Divide by: Lower of useful life or 60
Cost
rate months
January 3 Php 500,000.00 Php 60,000.00 Php 2,500.00
January 15 640,000 76,800 2,133.33
February 10 1,000,000 120,000 2,000.00
February 20 400,000 48,000 1,333.33
Total Php 7,966.67
Source: Section 110 (A) of Tax Code, as amended provides the following, to wit:
The input tax on domestic purchase or importation of goods or properties by a VAT-
registered person shall be creditable:
(a) To the purchaser upon consummation of sale and on importation of goods or properties;
and
(b) To the importer upon payment of the value-added tax prior to the release of the goods
from the custody of the Bureau of Customs.
Provided, that the input tax on goods purchased or imported in a calendar month for
use in trade or business for which deduction for depreciation is allowed under this Code
shall be spread evenly over the month of acquisition and the fifty-nine (59) succeeding
months if the aggregate acquisition cost for such goods, excluding the VAT component
thereof, exceeds One million pesos (P 1, 000, 000): Provided, however, That if the
estimated useful life of the capital goodies less than five (5) years, as used for
depreciation purposes, then the input VAT shall be spread over such a shorter period:
[67]Provided, finally, that in the case of purchase of services, lease or use of properties,
the input tax shall be creditable to the purchaser, lessee or license upon payment of the
compensation, rental, royalty or free.
12. When should a Corporation file its Annual Audited Financial Statement with the Securities
and Exchange Commission?
a. Within 110 calendar days after the end of the fiscal year, as indicated in the
Financial Statements
b. Within 120 calendar days after the end of the fiscal year, as indicated in the
Financial Statements
c. Within 90 calendar days after the end of the fiscal year, as indicated in the
Financial Statements
d. Within 180 calendar days after the end of the fiscal year, as indicated in the
Financial Statements
Answer: B.
13. Julius Patrick, a resident Filipino citizen, received the following during the year 2018:
How much is his total gross taxable compensation income for the year? (Round off your answer
to the nearest peso)
a. Php1,178,367
b. Php1,188,367
c. Php1,008,367
d. Php996,667
Answer: D.
Explanation:
RR 11-18 implements the provision of RA No. 10963, more particularly on the increase
to P 90,000.00 of the total amount of exclusion from gross income for 13th month pay
and other benefits, effectively further amending the pertinent provisions of RR No. 2-98
De minimis:
1. Monetized unused vacation leave credits of employees not exceeding ten (10) days during
the year; (RR No. 11-2018)
2. Monetized value of vacation and sick leave credits paid to government officials and
employees; (RR No. 11-2018)
3. Medical cash allowance to dependents of employees, not exceeding P1,500 per employee
per semester or P250 per month; (RR No. 11-2018)
4. Rice subsidy of P2,000 or one (1) sack of 50 kg. rice per month amounting to not more
than P2,000; (RR No. 11-2018)
5. Uniform and Clothing allowance not exceeding P6,000 per annum; (RR No. 11-2018)
6. Actual medical assistance, e.g. medical allowance to cover medical and healthcare needs,
annual medical/executive check-up, maternity assistance, and routine consultations, not
exceeding P10,000.00 per annum; (RR No. 5-2011)
7. Laundry allowance not exceeding P300 per month; (RR No. 5-2011)
8. Employees achievement awards, e.g., for length of service or safety achievement, which
must be in the form of a tangible personal property other than cash or gift certificate, with
an annual monetary value not exceeding P10,000 received by the employee under an
established written plan which does not discriminate in favor of highly paid employees;
(RR No. 5-2011)
9. Gifts given during Christmas and major anniversary celebrations not exceeding P5,000
per employee per annum; (RR No. 5-2011)
10. Daily meal allowance for overtime work and night/graveyard shift not exceeding
twenty-five percent (25%) of the basic minimum wage on a per region basis; (RR No. 5-
2011)
11. Benefits received by an employee by virtue of a collective bargaining agreement (CBA)
and productivity incentive schemes provided that the total monetary value received from
both CBA and productivity incentive schemes combined do not exceed P10,000.00 per
employee per taxable year. (RR No 1-2015)
RR 2-98 (as amended) states that “[C]ompensation may be paid in money or in some medium
other than money, as for example, stocks, bonds or other forms of property. If services are
paid for in a medium other than money, the fair market value of the thing taken is the
payment to be included as compensation subject to withholding. If the services are
rendered at a stipulated price, in the absence of evidence to the contrary, such price will
be presumed to be the fair market value of the remuneration received. If the corporation
transfers to its employees its own stock as remuneration for services rendered by the
employee, the amount of such remuneration is the fair market value of the stock at the
time the services were rendered."
Revenue Memorandum Circulars No 88-2012: When the employee exercises the option by
paying the exercise price (equity-settlement option), it results in additional income. Such
additional income shall equal the higher of the book value or FMV of the shares less the
exercise price.
14. Geraldine Caridad is an owner of a clothing store. She is single resident citizen. Her parents
are living with her and are dependent on her for chief support. She reported the following
information during the year 2018.
a. Php712,200.00
b. Php612,923.20
c. Php711,923.20
d. Php609,523.20
Answer: B.
Solution:
Rent is not deductible because as stated in RR 2-1998 Sec. 2.58.5. (as amended), “[A]ny
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.”
a. Statement I
b. Statement II
c. Statement I & II
d. Statement II & III
Answer: B.
Explanation:
Any provision of general or special law to the contrary notwithstanding, there shall be
levied, assessed and collected in respect to all franchises on radio and/or television
broadcasting companies whose annual gross receipts of the preceding year do not exceed
Ten million pesos. subject to Section 236 of this Code, a tax of three percent (3%) and on
gas and water utilities, a tax of two percent (2%) on the gross receipts derived from the
business covered by the law granting the franchise: Provided, however, That radio and
television broadcasting companies referred to in this Section shall have an option to be
registered as a value-added taxpayer and pay the tax due thereon: Provided, further, That
once the option is exercised, said option shall not be irrevocable. [83]
Section 109 (2) of TAX CODE, AS AMENDED provides the following, to wit:
A VAT-registered person may elect that Subsection (1) not apply to its sale of goods or
properties or services: Provided, that an election made under this subsection shall be
irrevocable for a period of three (3) years from the quarter the election was made.
BIR website provides the following, to wit:
New VAT taxpayers shall apply for registration as VAT Taxpayers and pay the
corresponding registration fee of five hundred pesos (P500.00) using BIR Form No. 0605
for every separate or distinct establishment or place of business before the start of their
business following existing issuances on registration.
Thereafter, taxpayers are required to pay the annual registration fee of five hundred pesos
(P500.00) not later than January 31, every year.
Unless the taxpayer signifies the intention to elect the 8% income tax rate in the 1st
Quarter Percentage and/or lncome Tax Return, or on the initial quarter return of the
taxable year after the commencement of a new business/practice of profession, the
taxpayer shall be considered as having availed of the graduated rates under Section
24(A)(2)(a) of the Tax Code, as amended. Such election shall be irrevocable and no
amendment of option shall be made for the said taxable year.
16. Which of the following has an option to register under the VAT system in 2018?
I. Common carriers by air transporting passengers, the gross receipts of which do not
exceed P3,000,000.
II. Radio and/or television broadcasting companies whose annual gross receipts of the
preceding year exceeds P10,000,000.
III. Operator of cockpit, the receipts of which do not exceed P3,000,000 during the year.
IV. Seller of VAT-subject services the gross receipts of which do not exceed P3,000,000.
a. IV only
b. I and III only
c. I and IV only
d. All of the above
Answer: C.
Explanation:
II and III cannot avail the optional VAT Registration because these transactions, under
the law, are subject to Percentage Taxes instead of VAT.
Answer: D.
Explanation:
18. Garrison Distribution Inc., a VAT Taxpayer, had the following data in a month:
Answer: B.
Solution:
19. The VAT on importation of goods which are subsequently used or sold in the course of trade
or business by a VAT registered importer shall be treated as
a. Tax Credit
b. Inventoriable Cost
c. Expense
d. At the option of the taxpayer
Answer: A.
Explanation:
Items B and C are applicable only if the importer is non-VAT registered.
20. Galaxy Corporation, a manufacturer, had the following data for the first month of 2018 (first
year as a VAT Taxpayer)
Sales:
Export Sales 2,000,000
Domestic Sales (net) 1,000,000
Purchases:
Raw Materials 300,000
Services 100,000
Machinery (useful life is 2 years) 400,000
On January 1, 2018, the company had inventories and taxes paid thereon as follows:
During the month, additional raw materials were purchased from another enterprise with a total
invoice value of P61,600, not included above.
The VAT Payable of Galaxy is:
a. P72,000
b. P57,000
c. P11,000
d. P66,000
Answer: C.
Solution:
Output VAT P120,000
Less: Input VAT
Purchases P96,000
Additional Purchases 6,600
Transitional Input VAT
RM P2,400
Supplies 4,000 6,400 (109,000)
VAT Payable P11,000
21. Statement 1: The input vat on purchase of capital goods valued at P1,000,000 shall be
spread over 60 months if the life of property is equivalent to 5 years or more.
Statement 2: The input vat on purchase of capital goods valued at P1,000,000 shall be
spread over the life of property if life of property is less than 5 years.
22. Ador, an executive of Ang Probinsyano Promotions, earned in 2018 P1,200,000 compensation
income, inclusive of 13th month pay and other benefits amounting to P120,000. Aside from
employment, he owns a farm, with gross sales of P5M. His cost of sales and operating expenses
are P2,000,000, and P600,000, respectively, with non-operating income of P100,000.
Which of the following is incorrect?
Answer: C.
Explanation:
C is incorrect. Ador is exempt from business tax since the nature of his business income is
VAT-exempt.
23. What is the correct treatment of overtime pay, holiday pay, night shift differential, and
hazard pay received by those whose basic pay is more than the Statutory Minimum Wage?
Answer: B.
Explanation:
The employee is not considered MWE since his basic pay is more than the statutory minimum
wage. Thus, the amount of basic pay, OT, Holiday pay, NSD, and hazard pay, shall be subject
to income tax, consequently, to creditable withholding tax on compensation.
24. Senior citizens deriving returnable income during the taxable year, whether from compensation
or otherwise, are
a. Required to file their ITRs and pay the tax as they file the return.
b. Exempt from compensation income taxes.
c. Exempt from business taxes.
d. Given a special tax at 15% of gross income.
Answer: A.
Explanation:
For income tax purposes, a senior citizen is taxable just like ordinary individual taxpayer.
25. A non-resident alien not engaged in trade or business derived P50,000 interest income from
his long-term bank deposit in the Philippines. How much is the income tax due of the said alien?
a. P10,000
b. P12,500
c. P5,000
d. Nil
Answer: B.
Solution:
FWT= P50,000 x 25% = P12,500
Tax exemption on long-term bank deposit or investment is not applicable to NRANETB.
26. Following are properties in the gross estate with their fair market value:
If decedent was non-resident alien and there is reciprocity, property excluded from gross estate is
valued at
a. P4,000,000
b. P1,700,000
c. P700,000
d. P200,000
Answer: B.
Solution:
o Since the decedent is NRA and there is reciprocity, excluded from GE are properties
without the Philippines and Intangibles in the Philippines.
o Shares of a DC is always considered an estate in the Philippines, regardless of where the
certificate is kept.
o The situs of bank deposit is where the depository bank is located (regardless of whether
the bank is foreign or domestic). Therefore, the bank deposit in the problem is considered
part of estate without the Philippines because though the bank is domestic, it pertains to its
foreign branch.
27. Delta Corporation, an entity organized under the laws of Russia, is engage in business in the
Philippines for 10 years already. During the year 2018, its income and expenses are shown below:
Philippines Russia
Gross income 20,000,000 30,000,000
Business expenses 18,500,000 21,000,000
Interest income from dollar deposit 500,000
Yield on money market placement 1,000,000
How much is the income tax payable upon filing its annual income tax return?
a. P3,000,000
b. P400,000
c. P450,000
d. P300,000
Answer: C.
Solution:
Gross income (Phils.) P20,000,000
Business expenses (Phils.) (18,500,000)
Taxable Net Income P1,500,000
28. Statement 1: If on any one date, there is a donation by one donor to his relative and another
one to a stranger, there will be two (2) separate donor's tax return to be filled.
Statement 2: In donor's tax, no extension of time for filling the donor's tax return is allowed.
Answer: B.
Explanation:
Statement 1: There shall be one return per every date of donation regardless of who are
the donees (relatives or strangers or both and the number of donees.
Statement 2: Unlike in estate taxation the filing of donor’s tax return is not subject to
extension.
29. Mr. Ded, a bachelor and resident Filipino citizen, died on November 2, 2017. The following fees
were paid to the following in connection with the settlement of his estate.
How much deduction for judicial expenses may the estate claim?
a. P150,000
b. P220,000
c. P230,000
d. P270,000
Answer: D.
Solution:
30. The following statements are correct regarding standard deduction under the TRAIN LAW,
except:
a. A deduction in the amount of 85,000,000 shall be allowed as an additional
deduction without
need of substantiation.
b. The full amount of 85,000,000 shall be allowed as deduction for the benefit of the
decedent.
c. Standard deduction is not allowed to decedents who are nonresident aliens.
d. None of the above
Answer: C.
Explanation:
PRIOR TO 2018:
• Allowable only to citizen and resident decedents.
• Deductible amount = P1,000,000
31. Which of the following is subject to 3% percentage tax under Section 116 of the Tax Code?
a. Fruit dealer whose gross receipts for 2018 amounted to P2,800,000 only.
b. An individual taxpayer whose gross sales for the year amounted to P100,000.
c. School bus operator whose gross receipts for 2018 amounted to P2,500.000
d. None of the above
Answer: D.
Explanation:
Additional information:
On December 16, 2016, the Company retired from its business and the inventory valued at
P190,000 remained unsold. There is a deferred input tax from the third quarter of P3,500.
a. P42,100
b. P21,500
c. P22,800
d. P19,300
Answer: A.
Solution:
OUTPUT VAT
Sales up to Dec. 15 P40,800
TDS transaction 22,800
INPUT VAT
On Purchases (18,000)
Deferred input vat (3,500)
VAT PAYABLE P42,100
33. On January 15, 2018, Jose sold a real property used in business for P600,000 to his brother-
in-law. The assessed value and zonal value of the land were P750,000 and P1,000,000
respectively. The sale is subject to:
Answer: A.
Explanation:
o The property sold is classified as "ordinary asset", hence, not subject to 6% CGT.
o The transaction is considered sale for "insufficient consideration". The excess of
34. In case of full or partial denial of the written claim for refund or excess input tax directly
attributable to zero-rated sales, or the failure on the part of the Commissioner to act on the
application within 120 days from the date of submission of complete documents, an appeal must
be filed with the CTA:
a. Within thirty (30) days after filing the administrative claim with the BIR;
b. Within.sixty (60) days after filing the administrative claim with the BIR;
c. Within one hundred twenty (120) days after filing the administrative claim with the
BIR;
d. Within thirty (30) days from the receipt of the decision denying the claim or after the
expiration of the 120-day period.
Answer: D.
Explanation:
o In case of full or partial denial by the CIR, the taxpayer’s recourse is to file an appeal
before the CTA within 30 days from receipt of the decision of the CIR. However, if
after the 120-day period the CIR fails to act on the application for tax refund/credit,
the remedy of the taxpayer is to appeal the inaction of the CIR to CTA within 30 days.
(CIR v. Aichi Forging Company of Asia, inc., G.R. No. 184823, October 6, 2010)
TRAIN LAW
Revenue Regulation No. 26-2018, dated Dec. 21, 2018
o The BIR CIR has to act on the application for refund of input tax refund/credit within
90 days.
o The 90-day period under the TRAIN Law shall apply only to input tax refund/credit.
35. Sandara, a nonresident citizen, received a dividend income of P300,000 in 2018 from Super
Bowl Corporation, a foreign corporation doing business in the Philippines. The gross income of
the foreign corporation from sources within and without the Philippines for the past three years
preceding 2018 is provided as follows:
a. P0
b. P135,000
c. P165,000
d. P300,000
Answer: A.
Solution:
The taxpayer is a nonresident citizen hence, taxable only on income derived from
Philippine sources.
The ratio of gross income from within the Philippines over world income for the
pastthree (3) years of the foreign corporation is 45% (ratio = P36,000/80,000). If the
ratio is less than 50%, the dividend income shall be treated as derived purely from
sources without the Philippines.
36. Statement 1: Passive incomes are subject to separate and final tax rates.
Statement 2: Passive incomes are included in the computation of taxable net income from
business operations of a corporation.
a. b. c. d.
Statement 1 TRUE FALSE TRUE FALSE
Statement 2 TRUE FALSE FALSE TRUE
Answer: A.
Explanation:
Statement 2 is False. The liability of the taxpayer for passive incomes subjected to final
withholding taxes is already PO because the taxes withheld already constitute final and
full payment of the applicable tax. Therefore, such income shall not be included anymore
in the determination of "taxable income" subject to regular corporate income tax.
Consequently, such income shall be excluded in the ITR of the corporation.
37. A taxpayer registered under the VAT system on January 1, 2018. His records during the month
show:
a. P23,080
b. P25,320
c. P12,720
d. P12,320
Answer: C.
Solution:
The 2% Transitional input vat shall be multiplied from the beginning inventory regardless
of whether it was acquired from vat registered or non-VAT registered suppliers.
38. A VAT-registered trader has the following transactions for the month of July 2018:
OR
39. In 2017, East Star Inc. sold shares of stock for P250,000. The shares, acquired in 2015 at a
cost of P100,000, were held as investment, and were sold directly to a buyer. How much was the
capital gains tax due?
a. P10,000
b. P15,000
c. P22,500
d. P45,000
Answer: C.
Solution:
40. Using the same data in the preceding number, how much is the capital gains assuming the
shares were sold in 2018?
a. P10,000
b. P15,000
c. P22,500
d. P45,000
Answer: C.
Solution:
Under RA No. 10963 (TRAIN Law), the CGT on shares of stock is now 15%,
regardless of the amount of capital gain.
41. When their parents died, Romeo and Juliet inherited five (5) hectares of land in Isabela. They
decided to invest capital and developed the land into a subdivision, with small lots being sold
either on installment or cash basis
Q1: Is a partnership created by Romeo and Juliet?
Q2: Are they subject to final tax on their respective share in the income
a. No, Yes
b. Yes, Yes
c. No, No
d. Yes, No
Answer: C.
Explanation:
Answer: D.
Explanation:
o "A" is correct. Sale of an article not exempt from vat is not subject to vat if the Seller is
not vat registered and the amount of annual sale or receipts than the vat threshold.
o "B" is correct. Sale of an article not exempt from vat is subject to vat if the seller is vat
registered or the annual gross sales or receipts exceeded the vat threshold.
o "C" is correct. The taxpayer or seller is engaged in mixed transactions.
o "D" is wrong. To be subjected to excise tax, the product manufactured or imported
shall pertain to sin products and non-essential goods.
43. Statement 1: A tax due from the taxpayer whose amount does not justify the expenses to
be incurred in collecting it may be compromised.
Statement 2: In case of false • or fraudulent return with intent to evade the tax assessment
may be validly made on the 10th year from discovery thereof and collection may be
effected within five (5) years thereafter.\
Answer: B.
Explanation:
o The proper remedy on the part of the government in statement 1 is "abatement or
cancellation".
o The correct period to collect in statement 2 is 10 years
44. Pedro a citizen of the Philippines and resident of Makati City, died testate on May 10, 2018.
Among his gross estate were properties inherited from his deceased father who died on April 4,
2015. What percentage of the deduction would be used in computing the amount of vanishing
deduction?
a. 60%
b. 40%
c. 20%
d. nil
Answer: B.
Explanation:
o The property was inherited from the predecessor more than three years before the
present decedent's death. The vanishing deduction rate shall be:
45. Statement 1: Other percentage taxes are indirect taxes that can be passed on by person
required to pay to another person who shall bear the burden of paying the tax.
Statement 2: Transactions that are subject to the other percentage taxes are no longer
subject to the value-added tax but may be subject to excise tax.
Answer: C.
Explanation:
46. Kaktda Realty Inc. developed a condominium in Manila. During the month of January 2013,
it had the following data (VAT included, if applicable):
Selling Price
Cash sale of a 3 bedroom unit P5,040,000
Sale of parking lot 560,000
Installment sale of 2 bedroom unit (initial)
payments exceed 25% of the selling price) 3,920,000
The 3 bedroom unit sold for cash had a zonal value of P5,000,000 and the 2 bedroom unit had a
fair market value per Tax Declaration of P3,000,000. How much is the output tax for the month?
a. P920,000
b. P900,000
c. P1,020,000
d. P1,080,000
Answer: D.
Solution:
3 Bedroom unit
SP = P5,040,000/1.12 = P4.5M
ZV =P5M
Output Vat = P5M x 12% P600,000
2 Bedroom unit
SP = P3,920,000 = P3,500,000
ZV= P3,000,000 60,000
OV = P3.5M x 12% 420,000
TOTAL Output Vat P1,080,000
47. Hananiah Corporation, a corporation engaged in business in the Philippines and abroad has the
following data for the current year:
Answer: B.
Solution:
a. P750,000
b. P830,000
c. P796,000
d. P800,000
Answer: B.
Solution:
Answer: B.
Explanation:
o Choices "a" and "b" are incorrect. Donation of immovable property shall be made in
a public document, regardless of amount.
50. A decedent left 10,000 PLDT shares. The shares were traded in the local stock exchange. At
the time of death, the following were available:
Answer: B.
Explanation:
VALUATION of Shares of Stock: