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Philippine Bar review · Question

Practice question: Tax Lien

Multiple Choice Hard

Practice question

An assessed taxpayer refuses payment after demand. The BIR asserts the Section 219 lien against a mortgagee before filing the notice required by that section, arguing that no protected third-party qualification can exist for government liens. Assume the mortgagee falls within the provision and no different priority rule governs. Which is correct?
  1. The government's assertion overrides the express qualification.
  2. The lien is not valid against the specified mortgagee until the statutory notice is filed.
  3. A mortgagee is never mentioned in the statute.
  4. The taxpayer may secretly waive the mortgagee's statutory protection.
  5. The lien becomes a local real-property tax merely because land is mortgaged.

Legal references

  • NIRC Section219, Nature and Extent of Tax Lien; https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html

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