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Philippine Bar review · Question

Practice question: Construction and Interpretation of Tax Laws and Tax Exemptions

Multiple Choice Hard

Practice question

An exemption clearly grants relief to equipment used exclusively for a stated qualifying activity. A claimant uses its equipment for both that activity and unrelated commercial operations, then asks the court to erase exclusively as unfair. Which is best?
  1. All exemption conditions are optional
  2. The claimant’s preference always controls
  3. The express eligibility condition cannot be discarded merely to expand relief
  4. Any partial use automatically equals exclusive use
  5. Every business equipment purchase is exempt

Legal references

  • https://lawphil.net/judjuris/juri1998/jul1998/gr_117359_1998.html — Davao Gulf Lumber v. CIR, G.R. No. 117359, July 23, 1998, main opinion

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