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Philippine Bar review · Question

Practice question: Capital vs. Ordinary Asset

Multiple Choice Medium Jurisprudence

Practice question

A manufacturer sells machinery used in its business and of a character subject to the statutory depreciation allowance. Which is correct under Section 39(A)(1)?
  1. It is capital merely because it appeared under fixed assets.
  2. It is capital because the seller is not a machinery dealer.
  3. It is exempt because the seller used it.
  4. It is capital if it was expensive.
  5. It is excluded from capital assets because of its depreciable business-use character.

Legal references

  • NIRC, Section 39(A)(1); https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • Revenue Regulations 7-2003, Section 2; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/40237

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