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Philippine Bar review · Question

Practice question: Final vs. Creditable Withholding Tax

Multiple Choice Easy

Practice question

Under current NIRC58(E), what fact concerning the related income payment must be shown for a creditable-income-tax credit or refund claim?
  1. It was declared as part of gross income.
  2. It was omitted from every tax return.
  3. It was received only in foreign banknotes.
  4. It was privately renamed a donation without factual basis.
  5. It was paid solely after the taxpayer died.

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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