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Philippine Bar review · Question

Practice question: Preliminary Assessment Notice

Multiple Choice Hard

Practice question

A taxpayer receives a PAN on day zero and has not replied. On day seven the BIR issues its FLD/FAN, before the fifteen-day response period expires. The taxpayer later files a thorough FAN protest. Under Prime Steel Mill, does that later protest alone cure the premature issuance?
  1. Yes, every later protest waives the earlier violation
  2. Yes, the BIR may always shorten the PAN period
  3. No, later ability to protest does not cure disregard of the still-running PAN response opportunity
  4. Yes, because only the delivery date of the FAN matters
  5. Yes, any assessment is valid if it raises revenue

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 228
  • https://lawphil.net/judjuris/juri2022/sep2022/gr_249153_2022.html — Prime Steel Mill, Inc. v. CIR, G.R. No. 249153, September 12, 2022
  • https://lawphil.net/judjuris/juri2018/oct2018/gr_201398-99_2018.html — CIR v. Avon Products Manufacturing, Inc., G.R. Nos. 201398-99 and 201418-19, October 3, 2018

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