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Philippine Bar review · Question

Practice question: Distraint (Actual and Constructive) and Levy

Multiple Choice Hard

Practice question

During a tax investigation, the BIR relies solely on a taxpayer having made two overseas trips in twelve months to invoke the travel example in current RMC 96-2024. Both trips are proven necessary for the taxpayer’s employment. No separate ground exists. Which qualification must be considered?
  1. Every trip conclusively proves concealment
  2. Travel permanently exempts the taxpayer
  3. The circular has no qualification for legitimate trips
  4. The example expressly excepts justified trips connected with business, profession or employment
  5. Employment travel automatically transfers ownership of all assets

Legal references

  • RMC 96-2024, amended constructive-distraint examples: https://bir-cdn.bir.gov.ph/BIR/pdf/RMC%20No.%2096-2024%20Digest.pdf

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