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Philippine Bar review · Question

Practice question: Shifting of Tax Burden

Multiple Choice Medium

Practice question

A seller decides to absorb an indirect-tax cost instead of increasing its sale price. Does that choice alone eliminate a tax imposed by law on the seller?
  1. Yes, passing on is mandatory for liability
  2. Yes, only buyers can owe indirect taxes
  3. No; absorbing or passing on the economic cost does not by itself determine the seller’s statutory liability
  4. Only an invoice label decides
  5. Yes, every absorbed tax is automatically refunded

Legal references

  • Bagong Alyansang Makabayan v. Abaya, G.R. No. 221190, October 8, 2024, en banc main decision, discussion of VAT shifting: https://lawphil.net/judjuris/juri2024/oct2024/gr_221190_2024.html
  • Philippine Airlines, Inc. v. CIR, G.R. No. 198759, July 1, 2013, main decision: https://lawphil.net/judjuris/juri2013/jul2013/gr_198759_2013.html

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