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Philippine Bar review · Question

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

Multiple Choice Easy Jurisprudence

Practice question

Under CIR v. Smart, can a withholding agent have legal standing to seek recovery of erroneously withheld and remitted taxes?
  1. Never, because only economic burden matters
  2. Only if the agent is a government office
  3. Yes, under the recognized withholding-agent doctrine
  4. Only if it becomes the Commissioner
  5. Only if the principal taxpayer has ceased to exist

Legal references

  • CIR v. Smart Communication, G.R. 179045-46, August 25, 2010: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/54268

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