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Philippine Bar review · Question

Practice question: Final vs. Creditable Withholding Tax

Multiple Choice Easy

Practice question

Does describing a tax as final make a genuinely erroneous overpayment categorically incapable of refund under any applicable remedy?
  1. Yes; every error involving final tax is immune from correction.
  2. No; because every final tax can automatically be deducted from regular tax.
  3. No; an appropriate erroneous-tax refund claim remains distinct from treating final tax as ordinary creditable withholding.
  4. Yes; the payee may never challenge an unlawful collection.
  5. No; because parties may privately repeal the statutory tax.

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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