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    Definition, Scope, Prescriptive Period

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    darlene flores
    The document discusses various scenarios related to tax law, including statute of limitations periods for tax assessments, collections, claims for refund, and appeals. Key details covered include a 3 year period for the Bureau of Internal Revenue to make assessments, 2 year periods for taxpayers to file refund claims or appeal denial of claims, and 5 year periods for checks/credits to remain valid.

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    Definition, Scope, Prescriptive Period

    Uploaded by

    darlene flores
    70 views5 pages
    The document discusses various scenarios related to tax law, including statute of limitations periods for tax assessments, collections, claims for refund, and appeals. Key details covered include a 3 year period for the Bureau of Internal Revenue to make assessments, 2 year periods for taxpayers to file refund claims or appeal denial of claims, and 5 year periods for checks/credits to remain valid.

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    Definition, scope, prescriptive period (1)

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    The document discusses various scenarios related to tax law, including statute of limitations periods for tax assessments, collections, claims for refund, and appeals. Key details covered include a 3 year period for the Bureau of Internal Revenue to make assessments, 2 year periods for taxpayers to file refund claims or appeal denial of claims, and 5 year periods for checks/credits to remain valid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views5 pages

    Definition, Scope, Prescriptive Period

    Uploaded by

    darlene flores
    The document discusses various scenarios related to tax law, including statute of limitations periods for tax assessments, collections, claims for refund, and appeals. Key details covered include a 3 year period for the Bureau of Internal Revenue to make assessments, 2 year periods for taxpayers to file refund claims or appeal denial of claims, and 5 year periods for checks/credits to remain valid.

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    Definition, scope, prescriptive period

    1. Date of death - March 2, 1998. Date the estate tax was filed - April 10, 1998. Last day for
    the Bureau of Internal Revenue to make an assessment for a deficiency of estate tax:
    September 2, 2001.
    2. A car dealer could not pay his taxes on sales. The dealer delivered several units of the
    car to the Bureau of Internal revenue in payment of the taxes.
    Which of the following statements is correct?
    This is not a valid procedure for collection of the tax.
    3. Given:
    Date of tax erroneously paid June 10, 2008
    Date of claim for refund was filed with BIR March 3, 2010
    Date of BIR decision of denial was received April 5, 2010
    Question: When is the last day to appeal to the CTA?
    May 5, 2010
    4. Elorde, a famous boxer, intends to convert his boxing gymnasium into a cockpit arena.
    Elorde summons you to give him advise to go over his tax exposures, as a certified
    public accountant, you will recommend to Mr. Elorde which of the following
    reference/document?
    National Internal Revenue Code
    5. What is the effect of on the tax liability of a taxpayer who does not protest an
    assessment for deficiency taxes?
    The taxpayer's liability becomes fixed and subject to collection as the assessment
    becomes final and collectible.
    6. Given
    Date of adverse decision of the CTA June 1, 2017
    Date the CTA adverse decision received June 10, 2017
    Question: When is the last day to appeal to the Court of Appeals?

    June 25, 2017


    7. The revenue district office can carry out proceedings of a distraint of personal property
    when the tax liability is not more than

    P1,000,000
    8. Statement 1. If before the expiration of the time prescribed for the assessment of the tax,
    both the Commissioner and the taxpayer have agreed in writing to its assessment after
    such time, the tax may be assessed within the period of extension agreed upon.
    Statement 2. Under the doctrine of equitable recoupment, a liability for tax the collection
    of which has not prescribed may be offset against a refund of another tax the refund of
    which has prescribed. Conversely, a liability for a tax the collection for which has
    prescribed may be offset against a refund for which has not prescribed. This American
    jurisprudence can very well apply in the Philippines.
    Statement 1 is correct, but statement 2 is wrong.
    9. Piolo paid his income tax liability for 2009 on January 15, 2010. It was found out later on
    June 30, 2010 that he overpaid by more than P100,000. Assuming his claim for tax
    refund was denied and the denial was received on April 30, 2013, the proper remedy
    available to Piolo is?
    No more remedy since the two-year period already expired.
    10. Given
    Date of tax erroneously paid June 10, 2008
    Date of claim for refund was filed with BIR June 10, 2009 Date of favorable BIR decision
    was issued August 1, 2009 Date when the refund check was maictaled August 10, 2009
    Date of refund check received August 25, 2009
    When will the refund check be forfeited when not encashed in due time?

    August 10 2014
    11. Statement 1. No court shall have the authority to grant an injunction to restrain the
    collection of any national internal revenue tax, fee or charge imposed by the National
    Internal revenue Code.
    Statement 2. Judicial proceedings for the collection of the internal revenue tax may be
    instituted even without a prior assessment of the tax on the taxpayer:
    Both statements are true.
    12. The tax return is required to be filed on or before April 15, 2013. The actual tax return
    was filed March 15, 2013. The last day for assessment period is
    April 15, 2016.
    13. A taxpayer filed an income tax return for calendar year 2012 on March 10, 2013. The
    prescribed filing is April 15, of the year following the taxable year. When is the last day
    for the BIR to make an assessment?

    April 15, 2016


    14. Given:
    Date of tax erroneously paid June 10, 2014
    Date of claim for refund was filed with BIR March 3, 2016
    Date of BIR decision of denial was received April 5, 2016
    Question:
    When is the last day to appeal to the CTA?
    May 5, 2016
    15. In the following cases, the government's prescriptive period to collect starts to run except

    The period of limitation to collect is counted from the time the demand or assessment
    notice has been received by the taxpayer
    16. Given
    Date of first installment payment of tax April 15, 2010
    Date of second installment payment of tax July 15, 2010
    If the payments are determined as refundable, when will be the prescribed date to file
    the request for refund?

    On or before July 15, 2012


    17. Given:
    Date of tax erroneously paid June 10, 2014
    Date of claim for refund was filed with BIR March 3, 2016 Date of BIR decision of denial
    was received April 5, 2016 Question: When is the last day to appeal to the CTA?

    May 5, 2016
    18. In the following cases, the government's prescriptive period to collect starts to run except
    The period of limitation to collect is counted from the time the demand or assessment
    notice has been received by the taxpayer.
    19. Given
    Date of first installment payment of tax April 15, 2010
    Date of second installment payment of tax July 15, 2010
    If the payments are determined as refundable, when will be the prescribed date to file
    the request for refund?
    On or before July 15, 2012
    20. Statement 1. A refund check or warrant which shall remain unclaimed or uncashed
    within five years from the date the said warrant or check was mailed or delivered shall be
    forfeited in favor of the Government.
    Statement 2. A tax credit certificate which shall remain unutilized after five years from the
    date of issue shall, unless revalidated, be considered invalid, and shall not be allowed as
    payment of any internal revenue tax liabilities of the taxpayer.
    Both statements are correct.
    21. A taxpayer filed an income tax return for calendar year 2016 on March 10, 2017. The
    prescribed filing is April 15, of the year following the taxable year. The taxable year
    ended December 31, 2016. When is the last day for the BIR to make an assessment?

    April 15, 2020


    22. When the 2012 income tax return filed in 2013 is found to be deficient but not fraudulent,
    and final assessment notice was sent by BIR April 5, 2014 and received by the tax payer
    on May 5, 2014, when will be the last day for the BIR to collect?

    April 5, 2019
    23. Given
    Date of adverse decision of the CTA June 1, 2009
    Date the CTA adverse decision received June 10, 2009
    Question: When is the last day to appeal to the Court of Appeals?

    June 25, 2009


    24. As a general rule, within what period must a taxpayer elevate to the Court of Tax
    Appeals a denial of his application for refund of income tax overpayment?
    Within 30 days from receipt of the denial which must not exceed 2 years from payment
    of income tax.
    25. Date the national internal revenue tax was paid - April 10, 1999. Claim for refund was
    filed with the Bureau of Internal revenue - March 10, 2000. Date decision of denial of
    refund was received - March 21, 2001. Last day to appeal to the Court of Tax Appeals:
    April 10, 2001.
    26. The taxpayer filed his income tax return for year 2012 on May 2, 2013. When is the last
    day for BIR to collect?
    May 2, 2013
    27. What is the prescriptive period for an assessment fraud?
    10 years from discovery
    28. The tax return is required to be filed on or before April 15, 2015. The actual tax return
    was filed March 15, 2015. The last day for assessment period is
    April 15, 2018.
    29. A taxpayer filed an income tax return for calendar year 2016 on March 10, 2017. The
    prescribed filing is April 15, of the year following the taxable year. The taxable year
    ended December 31, 2016. When is the last day for the BIR to make an assessment?
    April 15, 2020
    30. Date the national internal revenue tax was paid - April 10, 1999. Claim for refund was
    filed with the Bureau of Internal revenue - March 10, 2000. Date decision of denial of
    refund was received - March 21, 2001. Last day to appeal to the Court of Tax Appeals:
    April 10, 2001.
    31. When the 2015 income tax return filed in 2016 is found to be deficient but not fraudulent,
    and final assessment notice was sent by BIR April 5, 2016, when will be the last day for
    the BIR to collect?

    April 5, 2020
    32. Given
    Date of first installment payment of tax April 15, 2010
    Date of second installment payment of tax July 15, 2010
    If the payments are determined as refundable, when will be the prescribed date to file
    the request for refund?

    On or before July 15, 2012


    33. On July 31, 2016, Esperanza received a preliminary assessment notice from the BIR
    demanding that she pays P180,000.00 deficiency income taxes on her 2014 income.
    How many days from July 31, 2016 should Esperanza respond to the notice?

    15 days.
    34. Which of the following statements is not correct?

    Businesses must be registered with the BIR within 10 days from the start of its
    commercial activities.
    35. Your client, Mr. Aegis a local trader, inquired what laws will have most relevance in his
    daily transactions. Having several laws to take into consideration which laws do you
    recommend for Mr. Aegis to read?
    National Internal Revenue Code
    36. The taxpayer filed his income tax return for year 2015 on May 2, 2016. The taxable year
    ended December 31, 2015. When is the last day for BIR to make assessment?
    May 2, 2019
    37. Which of the following is not a correct prescription period for the collection of taxes?
    Where no assessment was made and the return is not false or fraudulent, the
    prescriptive period for collection is within 3 years after the return was due or filed,
    whichever is shorter.
    38. Given
    Date of assessment was received January 2, 2016
    Petition for reconsideration was filed with BIR January 12, 2016
    Documents to support petition submitted January 22, 2016
    No decision on the protest as of July 12, 2016
    Question: When is the last day to appeal to the CTA?

    August 12, 2016


    39. The prescription period for the issuance of a formal letter of demand and final
    assessment notice may not ordinarily be stayed because of the lifeblood theory.
    However, there are certain instances where the running of the prescriptive period may be
    suspended. Which among the following is not among the recognized exceptions which
    suspend the
    prescriptive period within which to assess?

    When the Commissioner of Internal Revenue is prevented from making an assessment


    and within 60 days thereafter.
    40. Which of the following cases constitutes a prima facie evidence of a false or fraudulent
    return?
    Sales or receipts P 1,000,000 were declared in the return but the true amount of sales or
    receipts is P 1,400,000
    41.

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