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Philippine Bar review · Question

Practice question: Compromise Penalty

Multiple Choice Medium Jurisprudence

Practice question

The BIR includes a suggested compromise penalty in a demand. The taxpayer expressly refuses it, and no agreement exists. Does inclusion alone make that compromise amount compulsory?
  1. Yes, any printed amount is automatically binding
  2. Yes, refusal proves acceptance
  3. Yes, the schedule replaces consent
  4. No; the suggested compromise cannot be unilaterally exacted absent the required agreement
  5. No, because the underlying tax must therefore also be cancelled

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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