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Philippine Bar review · Question

Practice question: Impact and Incidence of Tax

Multiple Choice Medium

Practice question

A customer pays the VAT component included in a supplier’s invoice for an ordinary taxable domestic sale. The supplier says the customer must now file the supplier’s VAT return because the tax was passed on. Is that correct?
  1. Yes, because every invoice transfers statutory liability
  2. Yes, if the customer paid by bank transfer
  3. Yes, because VAT and income tax have identical taxpayers
  4. Yes, unless the customer is an individual
  5. No. Passing the cost does not transfer the supplier’s statutory VAT obligations

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 105, indirect nature of VAT
  • https://lawphil.net/judjuris/juri2005/feb2005/gr_153866_2005.html — CIR v. Seagate Technology (Philippines), G.R. No. 153866, February 11, 2005, indirect taxation and distinction between liability and burden

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