tax remedies - income taxation PDF

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Income Taxation - SY1920-2TQuestion 1Multiple choice (one answer)Which of the following surcharges is imposed for filing a false and fraudulent return?25% as a criminal penalty 50% as a criminal penalty 25% as an administrative penalty 50% as an administrative penaltyQuestion 2Multiple choice (one a...

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Income Taxation - SY1920-2T

Question 1 Multiple choice (one answer) Which of the following surcharges is imposed for filing a false and fraudulent return? 25% as a criminal penalty 50% as a criminal penalty 25% as an administrative penalty 50% as an administrative penalty

Question 2 Multiple choice (one answer) Which of the following is NOT an administrative remedy available to a taxpayer in connection with the collection of taxes? Entering into a compromise Filing a petition for reconsideration or reinvestigation Filing a claim of tax refund or credit Filing a criminal complaint against erring BIR officials or employees

Question 3 Multiple choice (one answer) Analyze the following statements: Statement I: The CIR may refund a tax even without a claim for refund from the taxpayer where on the face of the return upon which the payment was made, such payment clearly appears to have been erroneously made. Statement II: When two (2) years are about to expire from the date of payment and no decision has yet been received by the taxpayer on his/her claim for refund filed with the BIR, s/he may appeal to the CTA even without waiting for the decision of the BIR on his/her claim. Statement I is correct. Statement II is correct. Both statements are correct. Both statements are incorrect.

Question 4 Multiple choice (one answer)

How many days does an assessment shall be considered final if not protested administratively and is not filed with the BIR from the day of receipt? 90 days 30 days 60 days 180 days

Question 5 Multiple choice (one answer) Within how many days from the taxpayer’s submission of documents supporting his/her protest may an appeal on an assessment be made to the CTA if the BIR does not act on the protest? 180 days 30 days 90 days 60 days

Question 6 Multiple choice (one answer) Analyze the following statements: Statement I: The taxpayer shall respond to the pre-assessment notice; and if s/he fails to respond, an assessment shall be issued. Statement II: An assessment issued may not be questioned administratively with the BIR. Statement I is correct Statement II is correct Both statements are correct Both statements are incorrect

Question 7 Multiple choice (one answer) Where a return was filed, as a general rule, the prescriptive period for assessment after the date the return was due or was filed, whichever is later, is within which of the following? Five (5) years Three (3) years 10 years Seven (7) years

Question 8 Multiple choice (one answer) Where any national internal revenue tax is alleged to have been erroneously or illegally collected. As a remedy, the taxpayer should file first an action for refund with which of the following? Court of Appeals Court of Tax Appeals Bureau of Internal Revenue Regional Trial Court

Question 9 Multiple choice (one answer) Which of the following is CORRECT? A protest should be filed by the taxpayer. Otherwise, the assessment becomes final and can no longer be questioned in court. The assessment should be made by the BIR within five (5) years from the filing of the return. A protest may be filed by the taxpayer anytime before the BIR collects the tax. The assessment shall include only tax proper.

Question 10 Multiple choice (one answer) Which of the following will NOT interrupt the running of the prescriptive period for assessment and collection of taxes? When the taxpayer cannot be located in the address given by him/her in return When the taxpayer requests for the reinvestigation which is granted by the commissioner When the taxpayer is out of the Philippines When the Commissioner is prohibited from making the assessment or beginning distraint and levy or a proceeding in court and for 30 days thereafter

Question 11 Multiple choice (one answer) Which of the following occupies the forefront of tax law enforcement? Executive Department Department of Finance Legislative Department Bureau of Internal Revenue

Question 12 Multiple choice (one answer) Which of the following has the power to decide disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the Tax Code or other laws administered by the BIR? The Regular Courts The Secretary of Finance The Court of Tax Appeals The Commissioner of the BIR

Question 13 Multiple choice (one answer) Which of the following is NOT the remedy of the government in tax collection? Forfeiture Protest Compromise Tax lien

Question 14 Multiple choice (one answer) Which of the following cases does the Commissioner of BIR CANNOT compromise in terms of the internal revenue tax? The tax or any portion thereof appears to be unjustly or excessively assessed. The taxpayer has been granted by the SEC or any competent tribunal a moratorium or suspension of payments to creditors, or otherwise declared bankrupt or insolvent. The financial position of the taxpayer demonstrates a clear inability to pay the assessed tax. A reasonable doubt as to the validity of the claim against the existence of the taxpayer.

Question 15 Multiple choice (one answer) Which of the following DOES NOT comprehend the powers and duties of the Bureau of Internal Revenue? Assessment and collection of all national and local revenue taxes. Enforcement of all forfeitures, penalties, and fines in connection connected with the collection of national internal revenue taxes.

Execution of judgment in all cases decided in its favor by the Court of Appeals and the ordinary courts. Effecting and administering the supervisory and police powers conferred to it by the Tax Code or other laws.

Question 16 Multiple choice (one answer) Which of the following is the official action of an officer authorized by law in ascertaining the amount of tax due under the law from a taxpayer? Deficiency Distraint Assessment Delinquency

Question 17 Multiple choice (one answer) Which of the following is the seizure by the government of personal property to enforce the payment of taxes to be followed by its public sale if the taxes are not voluntary paid? Distriant Levy Delinquency Assessment

Question 18 Multiple choice (one answer) Which of the following is the seizure by the government of the real property to enforce the payment of taxes to be followed by its public sale if the taxes are not voluntary paid? Levy Distriant Assessment Delinquency

Question 19 Multiple choice (one answer) Which of the following does 25% surcharge do NOT apply?

Failure to pay the deficiency tax within the prescribed time Failure to file the required tax return deliberately Filling a return with the wrong internal revenue offices Failure to pay the full amount of tax shown on the return within the prescribed time

Question 20 Multiple choice (one answer) As a general rule, within what period must a taxpayer elevate to the court of Tax Appeals denial of his/her application for refund of income tax overpayment? Within 30 days from receipt of the denial which must not exceed two (2) years from payment of income tax Within 30 days from receipt of the denial or within two (2) years from payment Within 30 days from receipt of the Commissioner’s denial of his/her application for refund Within two (2) years from payment of the income taxes sought to be refunded...