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Philippine Bar review · Question

Practice question: Administrative vs. Judicial Claim for Refund

Multiple Choice Hard

Practice question

A taxpayer timely files a fully documented 2026 ordinary Section 204(C) claim within two years of payment. The CIR issues a partial denial on day 100. The taxpayer insists it must wait until day 180 before appealing the denied portion. No special exception applies. Which is correct?
  1. It must always ignore an actual denial until day 180.
  2. The partial denial triggers the statutory 30-day appeal period from receipt; it should not be treated as mere continuing inaction.
  3. The taxpayer has a fresh two years after denial to appeal.
  4. A partial denial eliminates CTA jurisdiction forever.
  5. The administrative claim must be withdrawn before any appeal.

Legal references

  • NIRC Sections204(C) and229, as amended by RA11976 Sections31–32; https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html

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