ILLUSTRATION
Assessment received – January 5, 2021. Petition JAN 5 Assessment (FAN)
for reinvestigation filed with the Bureau of Internal 30 days
Revenue – February 1, 2021. Documents FEB 1 Reinvestigation
supporting the petition filed by the taxpayer – 60 days
February 7, 2021. Decision of the Bureau of FEB 7 Supporting documents
Internal Revenue denying the petition was
w/in
received – March 22, 2021. A request for MAR 22 Decision - Denial (FDDA) 30 days CTA
reconsideration was filed with the Bureau of 30 days
Internal Revenue on March 30, 2021. Decision of MAR 30 Reconsideration
denial of a request for reconsideration was
received – April 12, 2021. APR 12 Decision – Denial (FDDA)
When is the last day to appeal to the Court of Tax 30 days
Appeals? MAY 12 Appeal with CTA
APR 21
ILLUSTRATION
Date assessment was received – February 8, FEB 8 Assessment (FAN)
2021. Petition for reinvestigation was filed with the 30 days
Bureau of Internal Revenue on February 18, 2021. FEB 18 Reinvestigation
Documents supporting the petition were filed with 60 days
the Bureau of Internal Revenue on February 28, FEB 28 Supporting documents
2021. Decision of denial of the petition was
w/in
received on March 11, 2021. A request for MAR 11 Decision - Denial (FDDA) 30 days CTA
reconsideration was filed with the Bureau of 30 days
Internal Revenue on March 21, 2021. Date revised MAR 21 Reconsideration
assessment was received – April 2, 2021. APR 2 Revised Assessment
30 days
When is the last day to appeal to the Court of Tax
MAY 2 Appeal with CTA
Appeals?
APR 10
COMMON BIR AUDIT FINDINGS
INCOME TAX
VALUE ADDED TAX
WITHHOLDING TAX
DOCUMENTARY STAMP TAX
IMPROPERLY ACCUMULATED EARNINGS TAX
Return for 2018 4th QUARTER VAT RETURN
Deadline of Filing JANUARY 25, 2019
Date of Filing JANUARY 26, 2019
Last Day to Assess JANUARY 26, 2022
Date of Issuance of FAN JANUARY 26, 2022
Prescribed or Not? NO
Return for 2018 FINAL INCOME TAX RETURN
Deadline of Filing APRIL 15, 2019
Date of Filing APRIL 1, 2019
Last Day to Assess APRIL 15, 2022
Date of Issuance of FAN JANUARY 26, 2022
Prescribed or Not? NO
Return for 2018 3RD QUARTER VAT RETURN
Deadline of Filing OCTOBER 25, 2018
Date of Filing NOVEMBER 15, 2018
Last Day to Assess NOVEMBER 15, 2021
Date of Issuance of FAN JANUARY 26, 2022
Prescribed or Not? YES
1. TRUE
In case the taxpayer, without notice from the
Commissioner or his duly authorized representative,
voluntarily files a return, only 25% surcharge shall be
imposed for late filing and late payment of the tax in lieu
of the 50% surcharge.
2. FALSE
The schedule of compromise penalties shall prevent the
Commissioner or his duly authorized representative from
accepting a compromise amount higher than what is
provided in the schedule.
3. TRUE
There shall be assessed and collected on any unpaid
amount of tax, an interest at rate of twelve percent (12%)
per annum from the date prescribed for payment until
the amount is fully paid.
4. FALSE
Recurrence of understatement of income or
overstatement of deductions for more than one taxable
year is a prima facie evidence of a false or fraudulent
return.
5. TRUE
Civil remedies of summary proceedings are distraint of
personal property and levy upon real property and
interest in or rights to real property.
6. FALSE
Judicial proceedings for the collection of internal
revenue taxes, fees, or charges, and any increment
thereto resulting from delinquency are limited to criminal
actions only.
7. FALSE
After the expiration of the time required to pay the
delinquent tax or delinquent revenue, real property may
be levied upon only after the distraint of personal
property belonging to the delinquent taxpayer.
8. TRUE
The judgement in the criminal case shall not only impose
the penalty but shall also order payment of the taxes
subject of the criminal cases as finally declared by the
Commissioner.
9. FALSE
Delinquency is the amount still due and collectible from a
taxpayer upon audit or investigation.
10. FALSE
A Tax Credit Certificate validly issued under the
provisions of the Tax Code may be applied against any
internal revenue, including withholding taxes, for which
the taxpayer is directly liable.
11. FALSE
Criminal violations, other than those already filed in court
or those involving criminal tax fraud, cannot be
compromised.
12. TRUE
The Commissioner of Internal Revenue may cancel or
abate tax liability if the tax or any portion thereof appears
to be unjustly or excessively assessed or the
administration and the collection costs involved do not
justify the collection of the amount due.
13. TRUE
Cases which become final and executory after final
judgement of a court, where compromise is requested on
the ground of doubtful validity of the assessment cannot
be compromised.
14. TRUE
No court shall have the authority to grant an injunction to
restrain the collection of any internal revenue tax, fee or
charge imposed by the Tax Code without exception.
15. TRUE
The offer to compromise a delinquent account or
disputed assessment on the ground of reasonable doubt
as to the validity of the assessment may be accepted
when it is shown that the taxpayer failed to file an
administrative protest on account of the alleged failure to
receive notice of assessment and there is reason to
believe that the assessment is lacking in legal and/or
factual basis.
16. TRUE
The prescribed minimum percentage of compromise in
case of doubtful validity is 40% of the basic assessed tax.
17. FALSE
Estate tax cases where compromise is requested on the
ground of financial incapacity of the taxpayer can be
compromised.
