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Philippine Bar review · Question

Practice question: Final vs. Creditable Withholding Tax

Multiple Choice Hard

Practice question

A withholding agent brings a proper claim concerning erroneously paid final withholding. The authority objects solely that agent and foreign payee are unrelated entities. Which point from Smart is relevant?
  1. Only a wholly owned subsidiary can ever be a withholding agent.
  2. The absence of a parent-subsidiary relationship alone did not defeat the withholding agent's standing to claim.
  3. Unrelated parties automatically make every final tax refundable.
  4. The agent may retain every refund without regard to the payee's rights.
  5. A final-tax refund claim eliminates all procedural requirements.

Legal references

  • NIRC Sections57-58,105-106 and110: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA11976, Sections9-10, current NIRC58(E) credit/refund conditions and trust-fund rule: https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html
  • CIR v. Smart Communications, G.R.Nos.179045-46, August25,2010, main decision: https://lawphil.net/judjuris/juri2010/aug2010/gr_179045-46_2010.html

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