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Philippine Bar review · Question

Practice question: Distraint (Actual and Constructive) and Levy

Multiple Choice Hard

Practice question

A delinquent taxpayer owns land and personal assets. The officer claims that real-property levy is always forbidden until every personal asset has first been sold. Assume the other statutory conditions are met. What does Section 207(B) provide about sequence?
  1. Land can never be levied
  2. Levy must always await the final personal-asset auction
  3. Real property may be levied before, simultaneously with or after distraint, subject to the governing requirements
  4. The taxpayer may unilaterally choose no collection
  5. Levy automatically transfers the entire country’s land

Legal references

  • NIRC Section 207(B): https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html

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