Practice question
A tax-crime predicate satisfying Section3(i)(35) is established. BIR has already recovered the same identified monetary proceeds in a separate proceeding. AMLC proposes forfeiture solely to recover those same proceeds again. Which qualification in RA11521 applies?
- AMLC may not institute forfeiture to recover the same proceeds already recovered or collected by BIR in that separate proceeding
- The final proviso requires duplicate recovery
- BIR recovery automatically erases every possible tax-crime prosecution
- The statutory qualification applies only to foreign banknotes
- The provision makes every property of every taxpayer forfeitable
Legal references
- RA11521: https://lawphil.net/statutes/repacts/ra2021/ra_11521_2021.html Section2, AMLA Section3(i)(35), final proviso.
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