Professional Documents
Culture Documents
Abatement:
Only the penalties and surcharge are abated
Criminal violation can be compromised except when they are
already filed in court and tax fraud
Refund:
If taxpayer pays income tax on a quarterly basis, the 2 year
period is counted from the time of filing final adjustment return
(CIR v. TMX Sales)
In reference to the 10 year period on taxes not erroneously or
illegally paid, even then the claim must be filed w/in 2 years
regardless of supervening cause. (CIR v. Philamlife)
Counting of 2 year prescriptive period for filing claim for refund
of overpaid corporate income tax starts from time final
adjustment return is filed. (Pacific Pro)
If a tax is withheld at source then date of payment is reckoned
at the end of the taxable period (Gibbs)
Fraudulent Return
Prima facie evidence of a false or fraudulent return
substantial understatement of 30% of taxable sales or 30%
of deductions
Filing protest:
1. w/in 30 days from receipt of assessment
2. submission of documents w/in 60 days from filing of protest
3. filing of appeal w/ the CTA w/in 30 days after decision denying
protest (from date of receipt of denial) or the lapse of 180 days
from the date of submission of required documents.
Total of 300 days
RA 9282
18: appeal to the CTA en banc
A party adversely affected by a resolution of a division of
the CTA on a motion for reconsideration or new trial, may
file a petition for review w/ the CTA en banc (so 1st file an
MR w/ division before going to en banc)
19: Review by certiorari to the SC
LOCAL TAXATION:
Mode of Payment:
Quarterly
Jan. 20
April 20
July 20
Oct. 20
Surcharges and Penalties of Unpaid Taxes:
Late payment of local tax, fee or charge entails the ff:
25% surcharge
2% interest not exceeding 72%