Practice question
A business argues that repeal of section 34(K)’s withholding-linked expense-deductibility requirement necessarily abolished the separate duty to withhold and remit. Which is best?
- Every withholding rule was repealed
- Expense treatment and withholding obligations are always identical
- The repeal of a deductibility condition does not itself repeal the distinct applicable withholding and remittance duties
- Only an accountant’s preference controls
- All unpaid taxes become deductible donations
Legal references
- https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html — RA 11976, section 9 amending NIRC section 58 and repeal of section 34(K)
- https://www.dof.gov.ph/newly-signed-ease-of-paying-taxes-act-to-modernize-ph-tax-administration-and-strengthen-taxpayer-rights/ — official DOF confirmation of the section 8 veto
- https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%203-2024.pdf — BIR RMC 3-2024 circularizing RA 11976 and presidential veto
Answer this question in flashcards to review your response and continue practicing.