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Business Law and Taxation Reviewer
Business Law and Taxation Reviewer
EASY ROUND
1.
Which of the following individuals shall not be subject to the income tax under Section 24 (A)?
a. Individual citizen of the Philippines residing therein;
b. Individual citizen of the Philippines who residing outside the Philippines including overseas
contract workers;
c. Individual alien who is a resident of the Philippines;
d. Individual alien who is not a resident of the Philippines.
2.
Which of the following income is not from a related trade, business or activity of a domestic
proprietary educational institution?
a. Income from rent of available office spaces in one of the school buildings
b. Income from the hospital where medical graduates are trained for residency
c. Income from the canteen situated within the school campus
d. Income from bookstore situated within the school campus
3.
4.
Under
at the
a.
b.
c.
d.
this system there is a merger of all the properties of the husband and the wife owned by them
time of the celebration of the marriage, or those acquired thereafter.
Conjugal partnership of gains
Absolute community of properties
Complete separation of properties
None of the choices
5.
Which
a.
b.
c.
d.
6.
7.
I promise to pay P or his order the sum of P 10,000.00 30 days after the death of X. This is an
instrument payable:
a. At a determinable future time
b. On Demand
c. Upon the fulfillment of a condition
d. At an indefinite time, hence, non-negotiable
8.
9.
It is the right of the mortgagor to redeem the property that was mortgaged after it was sold.
a. Equity of redemption
c. Right of subrogation
b. Right of redemption
d. Right of pre-emption
c.
d.
Consensual contract
Real contract
10. A with violence in her eyes intimidated her husband B to sell his exclusive property to her. The
contract of sale is
B
a.
Rescissible
c.
Unenforceable
b.
Voidable
d.
Void
Page 2 of 5
AVERAGE ROUND
D
1.
Which of the above will be subject to a 25% civil penalty of the tax or of the deficiency tax?
a. Willful neglect to file the return within the period prescribed by the Tax Code or rules and
regulations
b. A false or fraudulent return is willfully made
c. A person who is not VAT-registered issues an invoice or receipt showing his TIN, followed
by the word "VAT"
d. Failure to file any return and pay the tax due thereon as required under the provisions of
the Tax Code or rules and regulations on the date prescribed
2.
3.
Jose Josue qualified as head of a household for 2007 tax purposes. Mr. Josues 2008 gross income
was P200,000 inclusive of P10,000 short term capital gain. Mr. Josue had a long-term loss of P8,000
in 2008. What amount of this capital loss could Mr. Josue deduct in 2008?
a. Zero
c. P4,000
b. P3,000
d. P8,000
4.
Penalties and/or interest imposed on the taxpayer may be abated or cancelled on the ground that
the imposition thereof is unjust and excessive, except when:
a. The taxpayer is declared insolvent or bankrupt.
b. The filing of the return or payment of the tax is made at the wrong venue.
c. The taxpayers mistake in payment of his tax is due to erroneous written official advice of
a revenue officer.
d. The assessment is brought about or a result of the taxpayers non-compliance with the
law due to a difficult interpretation of the said law.
5.
The actual residential home of the decedent and his family at the time of his death, as certified by
the Barangay Captain of the locality where the family home is situated, has a fair market value of
P3,000,000. The family home is part of the common property of the spouses. How much is the
family home deduction?
a. P1,500,000
c. P750,000
b. P1,000,000
d. P500,000
6.
A negotiable instrument that is not dated will be considered dated as at the time of
a. Acceptance
c. Last endorsement
b. First endorsement
d. Issuance
7.
A delinquent stockholder is not entitled to the following rights, except the right:
a. To be voted
b. To vote or be represented in the meetings of stockholders
c. To dividends
d. He is not entitled to all the rights of a stockholder
8.
Three of the following partnership contracts are void. Which one is not?
a. A universal partnership of present property between husband and wife
b. A universal partnership of profits between a man and a woman living together as husband
and wife without the benefit of marriage
c. A particular partnership between husband and wife
d. A universal partnership between a private individual and a public officer
9.
10. Three
Which
D
a.
b.
of the following instances will render an offer ineffective before acceptance is conveyed.
one will not?
Civil interdiction of either party
c. Insanity of either party
Insolvency of either party
d. Intoxication of either party
Page 3 of 5
DIFFICULT ROUND
1.
The taxpayer's 2003 percentage tax return is required to be filed through the authorized agent bank
under the jurisdiction of RDO East Makati. Without prior authorization from the Commissioner, the
taxpayer files the return and pays the tax through an authorized agent bank under the jurisdiction of
RDO Davao City on June 30, 2004. The tax due per return is P100,000.
How much is the total amount due on June 30, 2004
a. P 154,155.25
c. P 25,000.00
b. P 129,155.25
d. None of the choices
A
2.
All the three (3) were not qualified to retire under the BIR-approved pension plan of the corporation.
a. I, II and III
c. I only
b. I AND II
d. II AND III ONLY
D
3.
This refers to the control number issued by authorized agent bank (AAB) to the taxpayer and BIR to
acknowledge that the taxpayer's account has been successfully debited electronically in payment of
his tax liability.
a. Filing Reference Number
b. Acknowledgment Number
c. Confirmation Number
d. Taxpayer's Information Number
4.
A taxpayer paid excessive tax on April 15, 2000. On December 20, 2001, she filed a written claim for
refund. Her claim was denied by the BIR and she received the denial on March 15, 2002. She filed a
motion for reconsideration with the BIR on March 31, 2002. On April 10, 2002, she received the
final denial of the BIR. What will be the taxpayers remedy?
a. File another motion for reconsideration with the BIR within 30 days after the receipt of the
final denial
b. File an appeal with the Court of Tax Appeals on or before May 10, 2002
c. File an appeal with the Court of Tax Appeals on or before April 15, 2002
d. The taxpayer has no more remedy against the final denial
5.
A VAT subject real estate dealer sold a residential lot on January 15, 2007. The following
information was made available on the terms of the sale:
Gross selling price
P 3,000,000
Initial payments on January 15, 2007
750,000
Balance to be paid in equal installment,
installments starting February 15, 2007
2,250,000
C
6.
Payment made to a third person is valid to extinguish the obligation of the debtor to the creditor in
the following cases, except:
a.
After payment to the creditor, the third person acquires the creditors right.
b.
When the creditor ratifies the payment to the third person.
c.
When through the creditors conduct, the debtor was led to believe that the third person
had authority to receive payment.
d.
When the third person is subrogated to the rights of the creditor.
7.
N, R and J solidarily bound themselves to deliver to S a Honda motorcycle valued at P 60,000. The
obligation was not fulfilled through the fault of J. Thereupon, S filed an action in court against N and
the court awarded P 72,000 to S representing the value of the motorcycle plus damages. Which of
the following situation is valid?
a.
b.
c.
d.
8.
P authorized A, a minor, to sell his car for P 1,000,000 in cash. A sold the said car to X on installment
at a lesser price of P 900,000. P is now repudiating the contact with X on the ground that he is not
bound to since X contracted with a minor who exceeded his authority. Decide.
a.
P is liable under the contract because it is enough that the principal is capacitated since
he is the one entering into the contract.
b.
P is not liable for the sale on installments since it is unenforceable because his agent
acted beyond his powers.
c.
P is not liable because the agent is a minor with whom X contracted
d.
P is liable provided the sale is in cash for P 1,000,000.
9.
A gets a loan of P 1,000,000 from B which becomes due on October 1, 2008 and mortgaged his
house as security for the debt. On June 30, 2008, the mortgaged house completely destroyed the
fire through the fault of C. A week later, B demanded payment from A. Is Bs demand valid?
a.
No, the destruction of the house was not thru the fault of A.
b.
No, the obligation is one with a definite period which is deemed intended for the benefit
of both the debtor and creditor
c.
Yes, the debt becomes demandable unless A can give another security equally
satisfactory
d.
Yes, the debt becomes demandable even if A can give another security equally
satisfactory
Page 4 of 5
10. One of the following characteristics of dacion en pago is also a characteristic of a contract of sale.
Which is it?
D
a. There is a pre-existing credit
b. Obligations are extinguished
c. There is less freedom in fixing the price
d. Ownership of the object transferred to the other party
Page 5 of 5
TIE-BREAKER QUESTIONS
1. An obligation where various prestations are due but the performance of all of them is required in
order to extinguish the obligation is known as:
C
a. Alternative obligation
c. Conjunctive obligation
b. Facultative obligation
d. Simple obligation
2.
It is an affirmation of fact or any promise by the seller relating to the thing which has a natural
tendency to induce the buyer to purchase the same, relying on such promise or affirmation.
a. Condition
c. Warranty
b. False representation
d. Sellers talk
3.
Which
a.
b.
c.
d.
4.
5.
Who among the following is the holder of a negotiable instrument originally payable to order?
a. The original payee who has negotiated the instrument
b. The endorsee who is in possession of the instrument
c. The possessor of the instrument to whom the instrument was delivered without any
endorsement
d. The endorsee who has negotiated the instrument
6.
An instrument payable to bearer may be negotiated through any of the following means, except:
a. Special endorsement plus delivery
b. Mere delivery
c. Blank endorsement plus delivery
d. No delivery is required as long as there is an endorsement, whether blank or special
7.
8.
Recording in the Registry of Property in the appropriate book is required for the validity of the
contract of:
a. Chattel mortgage
c. Conventional pledge
b. Real mortgage
d. Antichresis
9.
A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P 20,000.00
a. V may collect from B P 20,000
c. V may collect from B P 5,000
b. V may collect from B P 4,000
d. V may collect from B P 1,000