Philippine Bar review · Question

Practice question: Prohibition on Compensation and Set-off

Multiple Choice Hard

Practice question

A shareholder personally holds a disputed procurement claim against the national government. Her corporation separately owes internal revenue tax. She directs the corporation to stop payment because she owns all its shares. Which is sound?
  1. Her ownership neither establishes a liquidated corporate government credit nor authorizes unilateral tax compensation
  2. Sole ownership merges every personal and corporate claim
  3. Any government contract claim automatically pays corporate taxes
  4. The shareholder may set aside all tax deadlines
  5. A disputed claim is always equivalent to a valid certificate

Legal references

  • Philex Mining Corporation v. CIR, G.R. No. 125704, August 28, 1998, main decision: https://lawphil.net/judjuris/juri1998/aug1998/gr_125704_1998.html
  • Francia v. Intermediate Appellate Court, G.R. No. L-67649, June 28, 1988, main decision: https://lawphil.net/judjuris/juri1988/jun1988/gr_l-67649_1988.html
  • RA 11976, Section 31, amended NIRC Section 204(C): https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html

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