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Philippine Bar review · Question

Practice question: Refund or Credit

Multiple Choice Easy Jurisprudence

Practice question

Is a prior assessment notice invariably required before Section 196 can apply?
  1. Yes, even where no assessment was ever issued
  2. Yes, because voluntary payments can never be erroneous
  3. Yes, whenever the taxpayer is a corporation
  4. No; the refund remedy can apply without a prior assessment
  5. Yes, whenever payment was made electronically

Legal references

  • RA7160, Section196: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • City of Manila v. Cosmos Bottling, G.R.196681, June27 2018: https://lawphil.net/judjuris/juri2018/jun2018/gr_196681_2018.html
  • Jose v. Tigerway Facilities, G.R.247331, February26 2024: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69421

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