Tax - Special Topics
Tax - Special Topics
Tax - Special Topics
SPECIAL TOPICS
PROBLEM SET
CARLOS, JASMINE
SAHAGUN, JINNO
TORNE, CIARA HAIRA MAE
VICENTE, PRINCESS DIANE
May 2019
1. The BOC shall exercise the following duties and functions, except:
a. Exercise of exclusive jurisdiction over forfeiture cases under the under the tariff and
customs laws.
b. Supervision and control over the imposition of excise taxes over imported goods.
c. Supervision and control over the handling of foreign mails arriving in the Philippines
for the purpose of collecting revenues and preventing the entry of contraband.
d. Supervision and control on all import and export cargos, landed or stored in piers,
airports, terminal facilities including containers.
8. It is a special duty imposed in the event that a specific kind or class of foreign article is
being imported into, sold or is likely to be sold in the Philippines, at an export price less
that its normal value in the ordinary cost of trade for a like product, commodity or article
destined for consumption in the exporting country which is causing or threatening to
cause material injury to a domestic industry, or materially retarding the establishment of a
domestic industry producing similar products.
a. Anti-Dumping Duty
b. Countervailing Duty
c. Marking Duty
d. Discriminatory Duty
9. Which of the following statements is correct regarding Marking Duty?
a. The marking of articles (or its containers) is a prerequisite for every article or
container of foreign origin which is imported into the Philippines in accordance with
Section 303 of the TCCP.
b. The marking shall be done in any official language of the Philippines and in a
conspicuous place legibly, indelibly permanently as the nature of the article (or
container) may permit to indicate to an ultimate purchaser in the Philippines the
country of origin of the article.
c. In case of failure to mark an article or its container at the time of importation, unless
otherwise excepted from the government requirements of marking, there shall be
levied upon such article a marking duty of 5% Ad Valorem.
d. All of the above
11. Under the Tariff and Customs Code, abandoned imported articles becomes the property
of the:
a. Government, whatever be the circumstances
b. Insurance company that covered the shipment
c. Shipping company in case the freight was not paid
d. Bank, if the shipment is covered by the letter of credit
12. Is an article previously exported from the Philippines subject to the payment of customs
duties?
a. Yes, because all articles that are imported from any foreign country are subject to
duty.
b. No. because there is no basis for imposing duties on articles previously exported from
the Philippines.
c. Yes. Because exemptions are strictly construed against the importer who is the
taxpayer.
d. No, if it is covered by a certificate of identification and has not been improved in
value.
14. Amaretto Inc. imported 100 cases of Marula Wine from South Africa. The shipment was
assessed duties and value-added taxes of 300,000 pesos which Amaretto Inc. immediately
paid. The Bureau of Customs did not, however, issue the release paper of the shipment
yet since the FDA needed to test the suitability of the wine for human consumption. Is the
Bureau of Customs at fault for refusing to release the shipment just as yet?
a. Yes, because the importation was already terminated as a result of the payment of the
taxes due.
b. Yes, the Bureau of Customs estopped from holding the release of shipment after
receiving the payment.
c. No, if the amount paid as duties and value-added taxes due on the importation was
insufficient.
d. No, because the Bureau of Customs has not yet issued the legal permit for withdrawal
pending the FDA’s findings.
16. The Bureau of Customs shall exercise the following duties and functions, except
a. Assessment and collection of customs revenues from imported goods and other dues,
fees, charges, fines and penalties under the tariff and customs code.
b. Simplification and harmonization of customs procedures to facilitate movement of
goods in international trade
c. Border control to prevent entry of smuggled goods.
d. Prosecute persons illegally importing goods.
17. Which of the following statements is NOT a test of a valid ordinance?
a. It must be contravene the Constitution or any statute
b. It must not be unfair or oppressive
c. It must not partial or discriminatory
d. It may prohibit or regulate trade
20. Statement I: The EO 226 otherwise known as the Omnibus Investment Code of 1987, is a
relatively focused and systematic of incentives based on an Investment Priorities Plan
(IPP).
Statement II: The IPP is an annual listing of activities/undertakings considered critical to
the attainment of the country’s overall economic growth and development.
a. Only statement I is correct.
b. Only statement II is correct.
c. Both statements are correct.
d. Both statements are incorrect.
21. Income Tax Holiday (ITH) for BOI registered enterprises presupposes that it shall be exempt
from the payment of income taxes reckoned from the scheduled start of commercial
operations until the period given by the BOI has lapsed. Which of the following is ITH
period is correct?
I. Six (6) years for new projects with pioneer status
II. Four (4) years for new project with non-pioneer status
III. Three (3) years for expansion projects
a. I and II only
b. II and III only
c. I and III only
d. I, II and III
Statement 2: In no case shall the registered pioneer firm avail of the ITH for a period
exceeding eight (8) years.
24. Which of the following is/are a non-fiscal incentive(s) granted to BOI registered enterprises?
a. I only
b. I and II only
d. I, II, III
25. Which of the following incentives is/are granted to BOI registered enterprises?
I. Tax exemption
a. I only
b. I and II only
d. I, II, III
26. Which of the following tax incentives is/are granted to BOI registered enterprises?
III. Exemption wharfage dues and export tax, duty, impost and fees
a. I and II only
I. Tax credit on tax duty portion of domestic breeding stocks and generic materials
a. I only
b. I and II only
d. I, II, III
28. Statement 1: BOI registered enterprises are subject to 5% gross income tax in lieu of national
and local taxes, except real property tax.
Statement 2: PEZA registered enterprises are subject to 5% gross income tax in lieu of
national and local taxes except real property tax.
29. Which of the following statements pertaining to Pioneer enterprises under EO 226 is correct?
c. Pioneer enterprises are also engaged in the pursuit of agricultural, forestry and mining
activities and/or services and energy sectors.
30. __________ refers to the most recent list of the thirty (30) poorest provinces of the
Philippines at the time of application, as determined by the National Economic
Development Authority (NEDA).
a. Pioneer enterprises
31. __________ is a selected area with highly developed enterprises or which have the potential
to be developed into agro-industrial, industrial, tourist/recreational, commercial, banking
investment and financial centers.
a. Pioneer enterprises
a. Foreign merchandise, raw materials, spare parts, etc. brought into the zone shall not be
subject to customs and internal revenue laws and regulations nor to local tax ordinances.
c. Exemption from local taxes and licenses except real estate taxes.
33. Statement 1: The PEZA law specifically provides that the ecozones shall be managed and
operated by PEZA (not by any other government entity) as a separate custom territory.
Statement 2: in keeping with the status of ecozone as separate custom territory, the PEZA is
conferred the power and function to operate, administer, anage and develop the ecozone,
and to register, regulate and supervise the enterprises in ecozones.
34. __________ are enterprises registered enterprises engaged in the manufacture, processing or
production of commodities or raw material that are not yet being produced in the Philippines
on a commercial scale.
a. Pioneer enterprises
b. Non-pioneer enterprises
c. Multi-national companies
35. To encourage investment in desirable areas of activity, EO 226 provides incentives to the
following:
A B C D
area (LDA)
in the Philippines
cessing zones
36. Statement 1: RA 7916 or the Special Economic Zone Act of 1995 (February 24, 1995)
provides the framework for the transformation, formation and monitoring of certain
designated areas in the country called special economic zones (ecozones) where companies
and industries establishing their operations therein are given incentives and privileges.
Statement 2: Enterprises locating or operating within the ecozones shall register with the
Philippine Export Zone Authority (PEZA) and are entitled to similar incentives granted as
provided for under PD 66 or those provided under EO 226 (Omnibus Investment Code).
a. only statement 1 is correct
37. Statement 1: For PEZA purposes, the 5% gross income tax is in lieu of all taxes,
excluding local taxes.
Statement 2: PEZA registered enterprises paying the 5% tax on gross income are not liable
for local business taxes are not liable for local business taxes and other charges normally
due to the local government unit.
38. Statement 1: PEZA income tax holiday incentives imply exemption from income tax.
Statement 2: PEZA income tax holiday would mean that an entity entitled to it enjoys
exemption from income tax only, unless expressly exempted from other taxes.
39. A PEZA registered enterprise has a registered and unregistered activity. The MCIT hall apply
to:
a. Registered activity
b. Unregistered activity
c. Both activities
40. Private entities that employ disabled persons who meet the required skills or qualifications,
either as regular employee, apprentice or learner, shall be entitled to an additional deduction
from gross income equivalent to:
41. Which of the following statements is not a requirement in order for private establishments
employing senior citizens to be entitled to additional deduction form their gross income
equivalent to fifteen percent (15%) of the total account paid as salaries and wages for senior
citizens?
a. The employment shall have to continue for a period of at least one (1) year.
b. The annual taxable income of the senior citizen does not exceed the poverty level as
determined by NEDA.
c. Both statements “a” and “b”
d. Neither “a” nor “b”
42. Which of the following statements regarding discounts to PWDs is incorrect?
a. In case the seller provides promotional discounts, the PWD will have the option to
choose either the promotional discount or the PWD discount.
b. Only the PWD discount is exempted from VAT.
c. In cases the PWD shall also be entitled to SC discount in order to maximize the discounts
granted under Magna Carta for PWDs and SCs.
d. None of the above.
Use the following data for the next three (3) questions:
Mabuhay Services Corporation (MSC) provides 20% discount to senior citizens. It recorded the
following during the year:
CUSTOMERS
44. The regular and special itemized deductions deductible from gross income of MSC is?
a. P2,000,000
b. P2,250,000
c. P5,350,000
d. P7,000,000
a. P750,000
b. P1,000,000
c. P1, 750,000
d. P2,000,000
Mabisa adopts a policy of giving senior citizens 25% discount. As a result, it granted P500,000
total senior citizens’ discount during the year.
a. P8,000,000
b. P9,500,000
c. P9,600,000
d. P10,000,000
a. P400,000
b. P500,000
c. P2,400,000
d. P2,500,000
49. Bobads Corporation employs both regular and senior citizen employees and paid the
following compensation:
a. P1,100,000
b. P1,115,000
c. P1,120,000
d. P1,145,000
50. Using the above information except that 20% of the regular employees are persons with
disability receiving a total compensation of P160,000 the deductible compensation of the
corporation is?
a. P1,152,000
b. P1,155,000
c. P1,178,000
d. P1,192,000
51. Statement 1: If a taxpayer, classified as PWD, is unable to make his own return, the return
may be made by his duly authorized agent or representative or by the guardian or other person
charged with care of the person or property.
Statement 2: The principal (PWD) and his representative or guardian shall assume the
responsibility of making the return and incurring penalties provided for erroneous, false,
fraudulent returns.
Statement 3: The privileged of statement 1 and transfer of responsibility in statement 2 is
likewise available to a senior citizen taxpayer.
52. Statement 1: While the 20% senior citizen discount and VAT exemption shall not apply to
“children’s meals” as these are primarily prepared and intentionally marketed for children, if the
PWD is a child will be applicable as long as it is his for personal consumption.
Statement: The 20% discount in the purchase of food and drinks, beverages, dessert and other
consumable items served by establishments includes value meals and other similar food
counters, fast food, cooked food and short order including take outs.
53. Statement 1: Any donation, bequest, subsidy or financial aid which may be made to
government agencies engaged in the rehabilitation
Statement 2: The 20% discount on purchase of food and drinks, beverages, dessert and other
consumable items served by establishments includes value meals and other similar food
counters, fast food, cooked food and short orders including take outs.
54. Taxing power of local government units shall NOT extend to the following taxes except one:
55. Real property taxes should not disregard increases in the value of real property occurring
over a long period of time. To do otherwise would violate the canon of a sound tax system
referred to as:
a. Theoretical Justice
b. Fiscal Adequacy
c. Administrative Feasibility
d. Symbolic Relationship
56. A municipality may levy an annual ad valorem tax on real property such as land, building,
machinery, and other improvement only if
57. Real property owned by the national government is exempt from real property taxation
unless the national government:
58. Where the real property tax assessment is erroneous, the remedy of the property owner is:
a. To file a claim for refund in the Court of Tax Appeals if he has paid the tax, within thirty
(30) days from the date of payment
b. To file an appeal with the Provincial Board of Assessment Appeal within thirty (30) days
from receipt of the assessment
c. To file an appeal with the Provincial Board of Assessment Appeal within sixty (60) days
from receipt of the assessment
d. To file an appeal with the Provincial Board of Assessment Appeal within thirty (30) days
from receipt of the assessment and playing the assessed tax under protest.
a. The prescriptive periods to assess taxes in the National Internal Revenue Code and local
government code are the same;
b. Local taxes shall be assessed within five (5) years from the date they become due;
c. Action for the collection of local taxes may be instituted after the expiration of the period
to assess and to collect the tax;
d. Local taxes may be assessed within ten (10) years from the discovery of underpayment of
tax which does not constitute fraud.
60. The appraisal, assessment, levy and collection of real property tax shall be guided by the
following principles. Which statement does NOT belong here?
a. Real property shall be appraised at its current and fair market value;
b. Real property shall be classified for assessment purposes based on its actual use;
c. Real property shall be assessed on the basis of a uniform classification within each
local political subdivision;
d. The appraisal and assessment of real property shall be based on audited financial
statements of the owner.
61. After the province has constructed a barangay road, the Sangguniang Panlalawigan may
impose a special levy upon the lands specially benefitted by the road up to the amount not to
exceed
62. What is the tax base for the imposition by the province of professional taxes?
63. GG Foundation, a stock educational institution organized for profit, decided to lease for
commercial use a 1,500 sq. m. portion of its school. The school actually, directly, and
exclusively used the rents for maintenance of its school buildings. Is the leased portion subject to
real property tax?
b. No, since the school used the rents for educational purposes
d. yes, since the leased potion is not actually, directly, and exclusively used for
educational purposes.
64. The head priest, as a corporation sole, rented out a lot registered in its name for a school site
of a school organized for profit. The sect used the rentals for the support and upkeep of its
priests. The rented lot is
a. not exempt from real property taxes because the user is organized for profit
b. exempt from real property taxes since it is used for religious purposes
c. not exempt from real property taxes since it is the rents, not the land, that I used for
religious purposes
d. exempt from real property taxes since it is actually and exclusively used for
educational purposes.
65. Apparently the law does not provide for the refund of real property taxes that have been
collected as a result of erroneous or illegal assessment by the provincial or city assessor. What
should be done in such instance to avoid an injustice?
66. Prior to the enactment of the Local Cooperative Code, consumer’s cooperatives registered
under the CDA enjoyed exemption from all the taxes imposed by a local government. With
the local government code’s withdrawal of exemptions, could these cooperatives continue to
enjoy such exemption?
a. Yes, because the local government code could not amend a special law
b. No, congress has not by the majority vote of all its members granted exemption
d. Yes, their exemption is specifically mentioned among those not withdrawn by the
Local Government Code
67. The following resident Foreign Corporations are subject to preferential tax rates, except
b. International Carriers
68. Which of the following may be subject to Minimum Corporate Income Tax?
a. Philippine Carriers
b. International carriers
b. RHQs/ROHQs of MNCs
c. PEZA entities
d. BMBEs
70. Which of the following are the incentives that may be granted to BMBEs?
71. The BMBE purposes, the concerned officer shall cancel the registration of a BMBE for the
following cause, except
72. The ___________ of each city shall register BMBE and issue certificate of authority to
enable the BMBE to avail of the incentives under BMBE act
d. BIR RDO
73. One can register as a BMBE if it is a business entity or enterprise, engaged in, which
activities are barangay based and micro-business in nature and scope, except
a. Production of products/commodities
b. Agro-processing
d. Professional services
74. For BMBE purposes, the Certificate of Authority shall be effective for a period of _____ and
renewable for the same period. The concerned officer shall indicate in the certificate the
date when the registration of the BMBE commences
a. 1 year
b. 2 years
c. 3 years
d. 4 years
75. The following are agents and deputies for collection of National Internal Revenue taxes,
except
c. 1 commissioner
d. 1 commissioner and 7 deputy commissioner
77. Statement 1: Microfinance NGOs are NGOs with the primary purpose of implementing a
microenterprise development strategy.
Statement 2: Microfinance NGOs are prohibited from directly engaging in insurance business.
a. 90,000
b. 48,000
c. 42,000
d. 80,357
79. S1: The office of the treasurer of each city shall register the BMBE and issue a certificate.
S2: LGUs shall issue the certificate promptly and free of charge
a. S1 is correct
b. S2 is correct
c. Both are correct
d. Both are incorrect
80. S1: Services offered by BMBEs shall exclude those rendered by a licensed professional
43-45
Solution:
RECEIPTS:
Regular customers P8,000,000
SC (P1M/80%) 1,250,000
Total gross receipts 9,250,000
Less:
Cost of services (5,000,000)
Other deductible expense
(P2M + SC discount of P250,000) (2,250,000)
Taxable Net Income P2,000,000
46-48
Solution:
GROSS SALES
Regular Customer P8,000,000
Senior Citizens (SC) 2,000,000
Total gross receipts 10,000,000
Less:
Cost of Sales-Regular (5,000,000)
Cost of Sales- SC (1,000,000)
Other deductible expense
(P2M + SC discount of P500,000) (2,500,000)
Taxable Net Income P1,500,000
49
Solution:
Regular employees P640, 000
PWD employees 160, 000
Additional Compensation-PWD@25% 40, 000
Senior Citizen employees:
With salary grade above poverty level 200, 000
With salary grade below the poverty level 100,000
Additional deductible salary(P100,000 x 15%) 15, 000
Total Compensation Expense P1, 155, 000
Additional deductible compensation of 25% for PWD employees.