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Philippine Bar review · Question

Practice question: Compromise Penalty

Multiple Choice Hard Jurisprudence

Practice question

A large taxpayer has an uncovered type of tax violation and asserts that EOPT reduces every compromise penalty by half for every taxpayer. A separate eligible micro taxpayer has a covered nonfraud Section 113 violation but has not agreed to compromise. Which combined statement is correct?
  1. Both automatically owe half of every scheduled amount without consent
  2. Neither can ever obtain any lawful settlement
  3. The large taxpayer's claimed blanket concession is unsupported; the micro taxpayer's applicable reduced schedule does not eliminate the need for a valid agreement
  4. The micro taxpayer's classification abolishes all underlying taxes
  5. The large taxpayer becomes micro merely by requesting relief

Legal references

  • RA11976, Section45: https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html
  • BIR RR6-2024, reduced penalties for micro and small taxpayers: https://bir-cdn.bir.gov.ph/BIR/pdf/RR%206-2024%20(final).pdf
  • BIR RMO7-2015, compromise penalty schedule and voluntary settlement rule: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/69577
  • La Flor Dela Isabela v. CIR, GR202105, April28 2021, main decision: https://lawphil.net/judjuris/juri2021/apr2021/gr_202105_2021.html

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