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Philippine Bar review · Question

Practice question: Kinds of Taxpayers

Multiple Choice Hard Jurisprudence

Practice question

A Filipino citizen leaves the Philippines during the taxable year as an immigrant intending permanent residence abroad. The requisite facts and proof under Section 22(E) are established. A colleague says nonresident-citizen status is impossible until the person renounces Philippine citizenship. Which answer is correct?
  1. Renunciation is always required
  2. The person must become a nonresident alien despite remaining Filipino
  3. The stated immigrant departure may satisfy nonresident-citizen classification; Philippine citizenship is retained
  4. The taxpayer becomes a foreign corporation
  5. Any departure, even an ordinary holiday, necessarily establishes the same status

Legal references

  • NIRC Sections 4,22,23 and244: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • RA11976, Ease of Paying Taxes Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96948
  • RA12066, CREATE MORE Act: https://lawphil.net/statutes/repacts/ra2024/ra_12066_2024.html
  • RA12214, Capital Markets Efficiency Promotion Act: https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html

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