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Philippine Bar review · Question

Practice question: Compromise Penalty

Multiple Choice Hard Jurisprudence

Practice question

Two separately identified criminal tax violations are proposed for administrative compromise: one established nonfraud violation not filed in court and another already filed. A schedule lists both types. What is best?
  1. Evaluate each separately; a schedule does not render the filed violation administratively compromisable under 204.
  2. If one violation is eligible, every other violation automatically is.
  3. The filed case is automatically erased by paying for the unfiled one.
  4. No statutory limits apply when two violations exist.
  5. Only the taxpayer's total number of customers matters.

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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