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Philippine Bar review · Question

Practice question: Capital vs. Ordinary Asset

Multiple Choice Hard Jurisprudence

Practice question

A manufacturer outside the real-estate business proves its formerly business-used lot has not been used in business for more than two years before the taxable disposition. It satisfies the RR7-2003 Section3(e) proviso. A real-estate dealer separately abandons an inventory lot but invokes only idleness. Which distinction is correct?
  1. The proved non-real-estate-business proviso can convert the first lot; idleness alone does not convert the dealer’s inventory
  2. Both lots automatically become capital on the first idle day
  3. Neither regulation contains any nonuse proviso
  4. The dealer necessarily qualifies for the non-real-estate-business proviso
  5. Only the color of the title controls

Legal references

  • RR7-2003: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/40237 Section3(e).

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