Practice question
Income subject to withholding has become payable, but the agent delays actual cash release. It claims amended section 58(C) universally postpones withholding until payment. Which is best?
- The statute uses payable, so delayed cash release alone does not negate the stated trigger
- Actual cash release is the only possible trigger in every case
- The agent may choose any tax year
- The payee’s consent repeals the timing rule
- No withholding duty exists after EOPT
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.