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SYLLABUS
TRANSFER TAXES & TAXPAYER’S REMEDIES
TAX II
Course Requirements:
Class Participation: Attendance, Recitation, and Reporting
Final Exam: Departmental MCQ and Essay
ESTATE TAX
Sec. 84-97, Sec. 104, NIRC; Revenue Regulation (RR) 17-93 -
Estate Tax Regulations, as amended by RR 2-2003 dated Jan. 17,
2003)
a. Decedent’s interest
b. Transfers in contemplation of death
c. Revocable transfers
d. Property passing under general appointment
e. Proceeds of life insurance
f. Priorinterest
g. Transfer for insufficient consideration
a. Funeral expenses
b. Judicial expenses
c. Claim v. the estate
d. Claims v. insolvent persons
e. Unpaid mortgages and losses
f. Property previously taxed – vanishing deduction
g. Transfer for public purpose
h. Family house
i. Share in the conjugal property
j. Standard deduction
5. Tax returns
4. Tax credit
5. Tax return (time and filing and payment)
VALUE-ADDED TAX
4. RR 7-95
5. RMO 39-95
See also:
RMC 9-2006 (Feb. 2, 2006), clarifying amount subject to
VAT of brokers
RMC No. 39-2007, (Jun. 13, 2007), clarifies the income tax
and VAT treatment of agency fees of security agencies
17. CIR v. Burmeister and Wain, G.R. No. 153205, Jan. 22,
2007
18. CIR v. Magsaysay Lines, G.R. No. 146984, Jul. 28, 2006 -
No VAT on sale not made in trade or business
24. RMC No. 31-2008 (Apr. 11, 2008) & No. 46-2008 (Jun. 20,
2008), Clarifications concerning common carriers by Sea
and Air as to vatability.
25. Sec. 112 - Period to file claim for refund or credit of input
VAT for zero-rated sales.
29. Fort Bonifacio Dev. Corp. v. CIR, G.R. No. 173425, Sept. 4,
2012 - Refund allowable even if no prior payment of
input VAT
Chapters 1 and 2
Sec. 129 to Sec. 140, NIRC, as amended by RA 10351 (Dec.
26, 2012), implemented by RR 17-2012, implementing
guidelines on revised tax rates on alcohol, etc. effective
January 1, 2013;
RMC No. 90-2012 (Dec. 28, 2012) & RMC 03-2013 (Jan. 9,
2013)
Banco de Oro v. CIR, CTA EB No. 165, Aug. 15, 2006 – Investment
Savings Account (ISA) subject to DST as time deposit certificate
REMEDIES
6. Cases:
a. RP v. CTA & Nielson & Co., G.R. 38540, Apr. 30, 1987, 149
SCRA 351 - Demand letter/follow-up letter for payment
of taxes considered notice of assessment
b. Collector v. Pedro Bautista and Dativa Tan, G.R. No. L-
12250 & L-12259, May 27, 1959 - Notice of Assessment
deemed made when notice is released, mailed and does
not require that notice be received within 3 year period
d.
i. Advertising Associates v. CTA, G.R. No. L-59758,
Dec. 26, 1984, 133 SCRA 765 (p. 939, Nolledo) -
Reviewable decision of CIR where he directs taxpayers
to appeal to CTA not mere issuances of warrants of
distraint and levy
e.
i. CIR v. Isabel Cultural Corporation, G.R. No. 135210,
Jul. 11, 2001 - Final demand letter from BIR is
tantamount to denial of request for reconsideration
which is therefore appealable to CTA
See also: Pacific Pro., Ltd. Case, G.R. No. 68013, Nov.
12, 1984 - counting of two-year prescriptive period for
filing claim for refund of overpaid corporate income tax
starts from time final adjustment return is filed.
h. CIR v. Wyeth, G.R. No. 76281, Sept. 30, 1991 - Sec. 222 &
223; request for reinvestigation suspends the 5-year
period for collection of tax
k. CIR v. CTA & Fortune Tobacco, G.R. 119761, Aug. 29, 1996
q. RCBC v. CIR, G.R. No. 168498, April 24, 2007 - Options for
disputing tax assessment mutually exclusive under
Section 228
s. CIR v. Enron Subic Power Corp., G.R. No. 166387, Jan. 19,
2009 - FAN must state legal and factual basis of
assessments to be valid
7. Regulations
LOCAL TAXATION
(Local Government Code – RA 7160)
Phil. Match Co., Ltd. v. City of Cebu, G.R. No. L-30745, Jan.
18, 1978, 81 SCRA 99-- situs of payment of local business tax
Cases:
See Executive Order (EO) 173, Oct. 31, 2014 – Reduction &
condonation of RPT, penalties of Power Plant owned by NPC.
I. CONCEPT
II. PROVISIONS
b. Marking Duty
c. Dumping Duty
d. Countervailing Duties
e. Discriminatory Duty