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Philippine Bar review · Question

Practice question: Tax Avoidance and Tax Evasion

Multiple Choice Medium

Practice question

A taxpayer makes a genuine qualifying investment, discloses the facts accurately and satisfies an expressly available tax incentive. Its purpose includes saving tax. Which conclusion best follows Toda’s distinction?
  1. The tax-saving purpose alone does not convert the lawful arrangement into evasion
  2. Every incentive election is fraudulent
  3. All investments are tax free regardless of conditions
  4. Disclosure makes every illegal scheme lawful
  5. Tax savings alone require criminal conviction

Legal references

  • CIR v. Estate of Benigno P. Toda, Jr., G.R. No. 147188, September 14, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_147188_2004.html

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