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    Tax Remedies Under The Tax Code: Klmnotes - Taxationlawreview

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    Kim San Miguel Fernandez
    The document outlines the various tax remedies and powers available under the Tax Code of the Philippines, including the assessment and collection processes, taxpayer remedies such as refunds and protests, and government remedies such as jeopardy assessments and criminal penalties.

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    Tax Remedies Under The Tax Code: Klmnotes - Taxationlawreview

    Uploaded by

    Kim San Miguel Fernandez
    5 views2 pages
    The document outlines the various tax remedies and powers available under the Tax Code of the Philippines, including the assessment and collection processes, taxpayer remedies such as refunds and protests, and government remedies such as jeopardy assessments and criminal penalties.

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    KLMNotes_Tax Remedies

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    The document outlines the various tax remedies and powers available under the Tax Code of the Philippines, including the assessment and collection processes, taxpayer remedies such as refunds and protests, and government remedies such as jeopardy assessments and criminal penalties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views2 pages

    Tax Remedies Under The Tax Code: Klmnotes - Taxationlawreview

    Uploaded by

    Kim San Miguel Fernandez
    The document outlines the various tax remedies and powers available under the Tax Code of the Philippines, including the assessment and collection processes, taxpayer remedies such as refunds and protests, and government remedies such as jeopardy assessments and criminal penalties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    K L M N o t e s _ T a x a ti o n L a w R e v i e w | 1

    TAX REMEDIES UNDER THE TAX CODE

    A. Powers and duties of the Bureau of Internal Revenue (Section 2, NIRC)

    B. Rule-making authority of the Secretary of Finance (Section 244, NIRC)


    C. Power of the Commissioner of Internal Revenue to Interpret Tax Laws and to Decide Tax Cases
    (Section 4, NIRC)
    D. Power of the Commissioner of Internal Revenue to Obtain Information, and to
    Summon, Examine, and Take Testimony of Persons (Section 5, NIRC)
    E. Power of the Commissioner of Internal Revenue to Make Assessments and Prescribe
    Additional Requirements for Tax Administration and Enforcement (Section 6, NIRC)
    F. Non-delegable powers of the Commissioner of Internal Revenue (Section 7, NIRC)
    G. Agents and deputies for collection of national internal revenue taxes (Section 12, NIRC)
    H. Revenue Regulations, Revenue Memorandum Circulars, and BIR Rulings
    I. Non-retroactivity of rulings (Section 246, NIRC)
    J. Power or Authority of BIR Commissioner to Distribute or Allocate Income and
    Deductions (Section 50, NIRC)
    K. Taxpayer’s Remedies
    1. Assessment process (Revenue Regulations No. 18-2013, as amended)
    2. Requisites of a valid assessment
    3. Protesting of assessment (Section 228, NIRC)
    4. Prescriptive period for assessment and the Waiver of the Statute of Limitations (Sections
    203 and 222, NIRC)
    5. Compromise, abatement, and refund of taxes (Section 204, NIRC)
    6. Claim for refund of erroneously collected taxes (Section 229, NIRC)
    7. Claim for refund of excess input VAT (Section 112 of NIRC, as amended by TRAIN Law)
    8. Collection process
    L. Letter of Authority (LOA), Letter Notice (LN), Tax Verification Notice (TVN), and
    Mission Order (MO)
    M. Preliminary Assessment Notice (PAN), Final Assessment Notice (FAN), and Final
    Decision on Disputed Assessment (FDDA)
    N. Distinction between Tax Refund and Tax Credit
    O. Enhanced VAT Refund System (introduced by TRAIN Law)
    P. Government Remedies
    1. Jeopardy assessment
    2. Best Evidence Obtainable Rule (Section 6[B], NIRC)
    3. Networth method of investigation (Section 43, NIRC)
    4. Distraint and levy of properties (Sections 205 to 221, NIRC)
    5. Tax lien and other civil remedies
    6. Constructive distraint of property (Section 206, NIRC)
    7. Compromise (Section 204, NIRC)
    8. Forfeiture (Section 224, NIRC)
    9. Civil penalties (Section 248, NIRC)
    10. No Injunction Rule (Section 218, NIRC)
    11. Suspension of business operations (Section 115, NIRC)
    12. Criminal complaint for tax evasion (Sections 254 and 255, NIRC)
    13. Issuance of Subpoena Duces Tecum or SDT (Section 266, NIRC)
    K L M N o t e s _ T a x a ti o n L a w R e v i e w | 2

    Q. Distinction between a False Return and a Fraudulent Return


    R. Distinction between Delinquency Interest and Deficiency Interest (Section 249, NIRC)
    S. Irrevocability Rule (Section 76, NIRC)
    T. Doctrine of Willful Blindness

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