TAX REMEDIES Notes
TAX REMEDIES Notes
TAX REMEDIES Notes
MODULE 3
How Taxes are Collected in the Phil
Self -
Assessment
Through
Pay as you File AABs
Income Taxpayers as to
Source of Income
TAX REMEDIES
• On the part of the government- these are courses of
action provided by or allowed in the law to implement
the tax laws or enforce tax collection.
1. Assessment- the act or process of determining the tax
liability of a taxpayer in accordance with tax laws.
2. Collection – pertains to the procedures of the
government to enforce payment of unpaid taxes from
delinquent taxpayers.
TAX REMEDIES
• On the part of the taxpayer- these are legal
actions which a taxpayer can avail of to seek relief
from the undue burden or oppressive effect of tax
laws, or as a means to check possible excesses by
revenue offices in the performance of their duties
Prescriptive Period of Assessment
• The law requires that the assessment must be made within 3 years from
the date of actual filing of the return or the deadline required by law,
whichever is later.
• Exception to 3 year rule:
a) Fraudulent Returns
b) No return was filed by the taxpayer.
It shall show in the detail the facts and the law, rules and regulations, or jurisprudence
on which the proposed assessment is based.
The taxpayer has 15 days to reply contesting the finding in the PAN.
Exceptions to Prior Notice of the Assessment.
4. When the excise tax due on excisable articles has not been
paid; or
5. When an article locally purchased or imported by an
exempt person, such as, but not limited to, vehicles,
capital equipment, machineries and spare parts, has been
sold, traded or transferred to non-exempt persons.
Issuance of Formal Letter of Demand (FLD) and Final
Assessment Notice (FAN)
The Formal Letter of Demand and Final Assessment Notice
(FLD/FAN) shall be issued by the Commissioner or his duly authorized
representative. The FLD/FAN calling for payment of the taxpayer's deficiency tax or
taxes shall state the facts, the law, rules and regulations, or jurisprudence on which
the assessment is based; otherwise, the assessment shall be void.
When Issued?
a) The taxpayer failed to respond to the PAN; or
b) The reply to the PAN was found to be without merit.
Remedy of the taxpayer
Disputed Assessment
If not, the BIR losses right to collect even if the assessment has become
final and executory.
Denial of Protest
1. Direct denial of protest
2. Indirect denial of protest- If the CIR or his duly authorized
representative fails to act on the taxpayer’s protest within 180 days
from the date of submission, the protest may be considered
denied.
Remedy of the Taxpayer
Direct Denial File an appeal with the Court of Tax
Appeals (CTA) Division within 30 days
from receipt of letter of denial.
Indirect Denial - File an appeal with the CTA Division
within 30 days from the lapse of the 180
day period OR
- Await the final decision of the CIR or his
duly authorized representative and
appeal such final decision to the CTA
within 30 days after the receipt of a
copy of such decision
Denial of Appeal by the CTA and SC
Taxpayer’s Remedies
1. File a motion for reconsideration or new trial under the
same division (may file within 15 days from receipt of
the decision)
2. File an appeal with the Supreme Court (SC) Division
within 15 days from receipt of the decision, then
finally, to the SC en banc.
Collection
• The BIR may avail of the remedy of collection when the assessment becomes
final, executory and demandable.
• Prescriptive Period
a. Actual distraint- personal property is physically seized by the BIR and offered
for sale at public auction.
* Garnishment- the distraint of bank accounts
Right of Redemption - For period of one year from the date of sale, the property
may be redeemed by the taxpayer,. During this period, the taxpayer is not deprived
of the possession and fruits from the property. If the taxpayer fails to redeem the
property, a final deed of sale is executed in favor of the buyer.
Levy of Real Property
❖ After the annotation of the title, a notice of sale will be issued containing
therein the auction sale.
❖ There will be publication and notice to the taxpayer in connection with the
auction sale.
Levy of Real Property
❖ On the auction date, the property will be sold to the highest bidder.
❖ The highest bidder will be issued a certificate of sale. The certificate
of sale is annotated and registered with the Register of Deeds for the
purpose of counting the redemption period.
❖ If there is no redemption, then, a final deed will be issued to the
highest bidder. There will be issuance of a new title in favor of the
highest bidder.
❖ Proceeds from the sale will be applied to the delinquency. Excess will
be returned to the taxpayer. If not sufficient, then, further levy from
other real properties of the taxpayer.
Forfeiture
· The purpose of forfeiture is to take control and custody of the seized items in favor of the state
· Once the state has custody and control over the seized items, the personal property may either be sold or destroyed. In
case of real property, they will be sold.
· In forfeiture proceedings, all the proceeds will go to the government. Nothing will be returned to the taxpayer or the
owner of the seized items or properties.
Methods of Collection
• In the pursuit of collection remedies administratively, by distraint or levy or a civil action, these
collection remedies cannot be pursued without a prior assessment. You could not collect on the taxpayer
unless there is a prior assessment, but not in a criminal action.
In the institution of the criminal action, the judgment should include the adjudication of the civil liability –
the payment of taxes, fees and other charges.
COMPROMISE
• A reasonable doubt as to the validity of the claim against the taxpayer exists;
- The delinquent acct or disputed assessment is one resulting from a jeopardy
assessment
- The assessment seems to be arbitrary in nature
- the taxpayer failed to file an administrative protest on account of the alleged
failure to receive notice of assessment and there is to believe that the assessment
is lacking in legal and/or factual basis
COMPROMISE
• The financial position of the taxpayer demonstrates a clear inability to pay the assessed
tax.
- The corporation ceased operation or is already dissolved.
- the taxpayer, as reflected in its latest Balance Sheet supposed to be filed with the BIR, is
suffering from surplus or earnings deficit resulting to impairment in the original capital
by at least 50%,
- the taxpayer is suffering from a networth deficit
- the taxpayer is a compensation income earner with no other source of income
- The taxpayer has been declared by any competent tribunal/authority/body/government
agency as bankrupt or insolvent.
COMPROMISE
The financial position of the taxpayer demonstrates a clear inability to pay
the assessed tax.
VALUE-ADDED TAX
Undeclared Sales per Audit 6,709.81
Undeclared Sales (VAT vs RELIEF) 4,241.07
Total Taxable Sales 10,950.88
Multiply by: VAT Rate 12%
Output VAT 1,314.11
Less: Disallowed Input Tax per Audit - 32,482.41
Answer: File a claim for refund with the BIR within two (2) years
from April 15,2022
Additional cases
• Maria, a compensation income earner, filed her income tax return for the
taxable year 2018 on March 30, 2019. On May 20, 2022, Maria received
an assessment notice and letter of demand covering the taxable year
2018 but the postmark on the envelope shows April 10, 2022. Her return
is not a false and fraudulent return. Can Maria raise the defense of
prescription?
Answer: No. The 3 year prescriptive period started to run on April 15,2019,
hence, it has not yet expired on April 10, 2022
MARCH 30, 2019 VS APRIL 15, 2019
Apolonio filed his Income Tax Return (ITR) for taxable year 2021 on
May 2,2022. After an investigation, it was discovered that the tax paid
was deficient. The last day for the BIR to send an assessment:
Mr. Bong filed his 2021 income tax return and paid the
tax due on April 1,2022 case of overpayment, the last
day to file claim for refund is on