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Philippine Bar review · Question

Practice question: Shifting of Tax Burden

Multiple Choice Medium

Practice question

A fuel manufacturer legally owes excise tax and adds its cost to an airline’s invoice. Which statement follows Silkair’s shifting doctrine?
  1. The airline necessarily replaces the manufacturer as taxpayer
  2. Both necessarily become the same legal person
  3. The invoice extinguishes the excise liability
  4. The manufacturer remains the statutory taxpayer although the airline bears the passed-on cost
  5. The airline’s payment is automatically a direct remittance to the BIR

Legal references

  • Silkair v. CIR, G.R. 171383 and 172379, November 14, 2008: https://lawphil.net/judjuris/juri2008/nov2008/gr_171383_2008.html

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