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Philippine Bar review · Question

Practice question: Distraint (Actual and Constructive) and Levy

Multiple Choice Medium

Practice question

A taxpayer receives a lawful constructive-distraint notice over identified machinery and signs the preservation receipt. The machinery remains on the premises. May the taxpayer dispose of it merely because officers did not physically remove it?
  1. No; constructive distraint imposes the statutory preservation and nondisposal obligation
  2. Yes, physical removal is essential to every restriction
  3. Yes, the receipt has no legal effect
  4. Yes, if the buyer pays cash
  5. Yes, if the owner prefers a different machine

Legal references

  • NIRC Section 206: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html

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