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Philippine Bar review · Question

Practice question: Rationale

Multiple Choice Medium Jurisprudence

Practice question

A designated payor argues that withholding is pointless because the income economically belongs to the recipient. What is the best answer?
  1. The payor must own the income before withholding can apply
  2. The recipient ceases to be the income taxpayer
  3. The payor may keep withheld amounts as profit
  4. Only voluntary payments may be withheld
  5. The recipient's income-tax status is compatible with a separate statutory collection duty imposed on the payor

Legal references

  • NIRC Sections57–58, as amended by RA11976: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96948
  • PSE v. Secretary of Finance, GR213860, July5 2022, main decision: https://lawphil.net/judjuris/juri2022/jul2022/gr_213860_2022.html
  • CIR v. COMELEC, GR244155 and247508, May11 2021, main decision: https://lawphil.net/judjuris/juri2021/may2021/gr_244155_2021.html
  • CIR v. G&W Architects, GR246026, April21 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70567

Answer this question in flashcards to review your response and continue practicing.