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Philippine Bar review · Question

Practice question: Administrative vs. Judicial Claim for Refund

Multiple Choice Medium

Practice question

The CIR takes no action on a properly documented ordinary Section 204(C) claim within 180 days after submission of complete documents. Under amended Section 229, what remedy does the taxpayer have?
  1. Treat every peso claimed as automatically awarded in cash.
  2. File only with the mayor.
  3. Wait indefinitely because inaction cannot be appealed.
  4. Start a new full 180-day period by doing nothing.
  5. Appeal the statutory inaction to the CTA within the prescribed 30-day period.

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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