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Philippine Bar review · Question

Practice question: Power of the CTA to Suspend Collection of Taxes

Multiple Choice Hard

Practice question

A taxpayer argues that because it posted a privately chosen bond without any CTA suspension order, collection is automatically barred and the tax is cancelled. The case presents no rule making that unilateral act a stay. Which is correct?
  1. Posting any private bond automatically cancels tax.
  2. Security and court-ordered suspension are distinct; the unilateral bond does not establish the asserted cancellation or automatic stay.
  3. The taxpayer can create a court order by signing its own form.
  4. A bond always proves the assessment void.
  5. Every bond permanently waives all government remedies.

Legal references

  • RA1125 Section11, as amended by RA9282 Section9; https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html
  • CIR v. CTA Second Division and QL Development, Inc., G.R.258947, March29 2022, main decision; https://lawphil.net/judjuris/juri2022/mar2022/gr_258947_2022.html

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