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Philippine Bar review · Question

Practice question: Impact and Incidence of Tax

Multiple Choice Hard

Practice question

A wholesaler passes VAT to a registered retailer, which validly credits that input and sells to a household buyer. Counsel says economic burden must stop with the retailer because it first paid the wholesaler's VAT line. Which is best?
  1. The complete credit-and-resale chain must be considered; first payment of an input-tax line does not conclusively identify final burden.
  2. Only the first business recipient can ever bear or shift any cost.
  3. Input credits are prohibited in every resale chain.
  4. The household automatically becomes the wholesaler's statutory output-taxpayer.
  5. The retailer's credit makes the household purchase tax-exempt.

Legal references

  • NIRC Sections57-58,105-106 and110: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA12023, current digital-services VAT and reverse-charge provisions: https://lawphil.net/statutes/repacts/ra2024/ra_12023_2024.html

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