Practice question
An investor redeems mutual-fund shares after RA 12214 and claims all redemption gains are unconditionally excluded. The statutory condition about prior withholding of final taxes on realized gains at the underlying-asset level is not established. Which is best?
- Redemption alone always proves every condition
- The current exclusion is conditional, so its statutory prerequisites must be shown
- All mutual-fund payments are ordinary salary
- No mutual-fund exclusion exists after the amendment
- The investor can waive the condition privately
Legal references
- https://lawphil.net/judjuris/juri2021/jul2021/gr_226287_2021.html — CIR v. Shinko Electric Industries, G.R. No. 226287, July 6, 2021, main opinion
- https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 32(B)(1) and (3)
- https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html — RA 12214, section 8 amending NIRC section 32
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