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Philippine Bar review · Question

Practice question: Compromise Penalty

Essay Medium Jurisprudence

Practice question

An officer proposes to compromise an established fraudulent violation by relabeling it minor and obtaining the taxpayer's signature. Explain the legal defect without treating rejection of the proposal as a criminal conviction.

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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