Log In Create Account

Philippine Bar review · Question

Practice question: Shifting of Tax Burden

Multiple Choice Medium

Practice question

A purchaser seeks a tax refund solely because its invoice separately itemizes the excise-tax cost passed on by the statutory taxpayer. No special statutory entitlement is asserted. What is the doctrinal obstacle?
  1. Itemization makes the tax unconstitutional
  2. Every purchaser is prohibited from filing any court case
  3. The seller automatically loses all refund rights
  4. A separate line always establishes an agency relationship
  5. Bearing and itemizing the cost do not make the purchaser the statutory taxpayer entitled to that refund

Legal references

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

Answer this question in flashcards to review your response and continue practicing.