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Philippine Bar review · Question

Practice question: Transactions Deemed Sale Subject to VAT

Multiple Choice Hard

Practice question

A corporation distributes taxable trading inventory to shareholders as their share in profits. No money changes hands, and the parties stipulate the applicable event-date market value. The corporation uses a zero base because recipients paid no price. Which is sound?
  1. Cash payment is indispensable to every deemed sale
  2. The profit distribution is within Section 106(B), and the applicable deemed-sale valuation cannot be replaced with zero merely for lack of cash
  3. Every property distribution is outside VAT forever
  4. Shareholders may elect any base privately
  5. The rule applies only to cash dividends

Legal references

  • NIRC Sections 106(B) and 112(A), read with subsequent amendments: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA 11976, Sections 16 and 19-21, current NIRC Sections 106(E), 110 and 112(B): https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html
  • BIR RR 16-2005, Sections 4.106-7 and 4.106-8, read with RR 4-2007 and later statutes: https://bir-cdn.bir.gov.ph/BIR/pdf/26116rr16-2005.pdf
  • BIR RR 4-2007, amendments to deemed-sale and VAT-status rules: https://bir-cdn.bir.gov.ph/BIR/pdf/33868rr%20no.%204-2007.pdf

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