Philippine Bar review · Question

Practice question: Prohibition on Compensation and Set-off

Multiple Choice Medium

Practice question

A company files a disputed P3 million refund claim and simply deducts it from a separate due tax without any applicable authority. Which is correct?
  1. Filing alone is payment
  2. Every disputed claim is a granted certificate
  3. The company’s estimate conclusively binds BIR
  4. The collector must accept any subtraction
  5. The ungranted claim does not itself authorize the deduction or defer the due tax

Legal references

  • https://lawphil.net/judjuris/juri1988/jun1988/gr_l-67649_1988.html — Francia v. IAC, G.R. No. L-67649, June 28, 1988, main opinion
  • https://lawphil.net/judjuris/juri1998/aug1998/gr_125704_1998.html — Philex Mining v. CIR, G.R. No. 125704, August 28, 1998, main opinion
  • https://lawphil.net/judjuris/juri1963/jun1963/gr_l-18994_1963.html — Domingo v. Garlitos, G.R. No. L-18994, June 29, 1963, main opinion

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