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Philippine Bar review · Question

Practice question: Proper Party to File Claim for Refund or Tax Credit

Multiple Choice Medium Jurisprudence

Practice question

An employee merely carries a company’s refund application to the BIR. He claims the refund personally because he physically delivered the documents. Which is correct?
  1. Delivery transfers ownership of the tax credit
  2. Employment automatically transfers all refunds
  3. The company loses personality
  4. Every messenger is a withholding agent
  5. Delivery alone creates no personal entitlement to the company’s refund

Legal references

  • CIR v. Sonoma Services, Inc., G.R. No.263916, August 18, 2025, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70108
  • CIR v. Smart Communication, Inc., G.R. Nos.179045-46, August 25, 2010, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/54268

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