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Philippine Bar review · Question

Practice question: Tax Deductions vs. Tax Credits

Multiple Choice Easy

Practice question

Under Section40(A), ordinary gain from disposition of property is generally measured by what, apart from special tax regimes?
  1. Amount realized over the applicable basis or adjusted basis
  2. Every peso of proceeds with no basis inquiry in all cases
  3. Only the number of pages in the deed
  4. Only the amount placed in a savings account
  5. Only the buyer’s opinion of the seller

Legal references

  • NIRC RA8424, relevant provisions as amended: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html Sections32(A)(3),34(C)(1)(a),40(A).
  • RA11976 Ease of Paying Taxes Act: https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html Section5.
  • BIR RMC60-2024, repeal of old Section34(K): https://bir-cdn.bir.gov.ph/BIR/pdf/RMC%20No.%2060-2024.pdf
  • RA12214 CMEPA: https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html Section9, additional employer PERA deduction.
  • BIR RR22-2025, PERA additional deduction: https://bir-cdn.bir.gov.ph/BIR/pdf/RR%20No.%2022-2025.pdf Sections2–3.

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