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Philippine Bar review · Question

Practice question: Compromise Penalty

Multiple Choice Medium Jurisprudence

Practice question

A criminal tax violation involves fraud but has not yet been filed in court. An officer says absence of court filing alone makes it compromisable under 204. Which is correct?
  1. Only court filing can ever bar compromise.
  2. Fraud automatically creates unlimited settlement authority.
  3. Every unfiled offense must be compromised at the taxpayer's chosen price.
  4. The statutory exclusions apply only to local property taxes.
  5. Fraud is a separate exclusion; absence of filing does not eliminate it.

Legal references

  • NIRC Sections204,206-208,222-223 and248-249, as applicable and amended: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • BIR RMC46-99, extrajudicial compromise of criminal tax violations: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/47959
  • RA11976 Sections41 and45, EOPT surcharge and specified concessions: https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html

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