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Taxable Income: Credit", As Follows
Taxable Income: Credit", As Follows
On April 16, 2017, petitioner filed its Annual Income Tax Return (ITR) for the
year ended December 31, 2016 with the Revenue District No. 34 of the Revenue
Region No. 6 of the Bureau of Internal Revenue (BIR), reflecting an income tax
overpayment of P5,159,341 computed as follows:
Sales/Revenues/Receipts/Fees P 28,808,960
Taxable Income -
Income Tax -
Subsequently, on November 14, 2017, petitioner filed an Annual ITR for the
short period fiscal year ended March 31, 2017, reflecting the income tax
overpayment of P5,159,341 from the previous period as "Prior Year’s Excess
Credit", as follows:
Sales/Revenues/Receipts/Fees 7,489,259
Income Tax -
On the same date, petitioner filed an amended Annual ITR for the short period
fiscal year ended March 31, 2017, reflecting the removal of the amount of the
instant claim in the “Prior Year's Excess Credit”. Thus, the amount thereof
was changed from P5, 159,341 to P2,231,507.
On October 10, 2018, petitioner filed with the respondent's office, a claim
for refund and/or issuance of a Tax Credit Certificate (TCC) in the amount of
P2,927,834, representing the alleged excess and unutilized creditable
withholding taxes for 2016.
In view of the fact that respondent has not acted upon the foregoing claim for
refund/tax credit, petitioner filed with a Petition for Review on April l4,
2019 before the Court in Division.
As per CTA observation, ATARA DAMA INC. had, as of 31 December 2015, an
outstanding amount of P2,331,102 in excess and unutilized creditable
withholding taxes.
For the subsequent taxable year ending 31 December 2016, the total sum of
creditable taxes withheld on the management fees of ATARA DAMA INC. was
P2,927,834. Per its 2016 Annual Income Tax Return (ITR), ATARA DAMA INC.'s
income tax due amounted to P99,105. ATARA DAMA INC. applied its "Prior Year's
Excess Credits" of P2,331, 102 as tax credit against such 2016 Income Tax due,
leaving a balance of P2,231,507 of still unutilized excess creditable tax.
Meanwhile, the creditable taxes withheld for the year 2016 (P2,927,834)
remained intact and unutilized. In said 2016 Annual ITR, ATARA DAMA INC. chose
the option "To be issued a tax credit certificate" with respect to the amount
P2,927,834, representing unutilized excess creditable taxes for the taxable
year ending 31 December 2016. The figures are summarized in the table below:
1. How much refund can the company claim from of its 2016 excess tax credits
when it filed its income tax return indicating the option of carry-over?
a. P2,927,834 c. P2,331,102
b. P5,159,341 d. P0
2. How much can the company carry-over from of its 2016 excess tax credits
when it filed its income tax return March 31, 2017?
a. P2,927,834 c. P2,231,507
b. P5,159,341 d. P2,331,102
4. Examine the truth or falsity of the following remedies for excess VAT
payments:
Which is incorrect?
a. I is incorrect; II, III VI are correct
b. II, VI and VII are correct; IV is incorrect
c. III, VI, and VII are correct
d. IV, V, VI are incorrect; III is correct
11. Mr. X, a resident of the Province of Leyte, sold vast track of lands in
Ilocos Province. The lands, as assessed in the local office and per CIR’s
record, value at around P50,000,000 and P60,000,000, respectively. The same
property was sold for P100,000,000.
12. Alcatraz reported the following items for the taxable year:
February 250,000
March 250,000
April 250,000
May 250,000
June 250,000
July 250,000
August 250,000
September 250,000
October P 1,000,000
November 1,000,000
20. Popoy Corporation condoned the debt of Basha, a manager. What is the tax
consequence?
a. Compensation income tax c. Final income tax
b. Fringe benefit tax d. Donor’s tax
21. RLG Corporation, a retailer of goods uses the accrual method of accounting
in reporting its income and expenses under the calendar year basis. From
January 1 to June 30, 2018, it used the itemized deduction but decided to
use the optional standard deduction method when it filed its annual income
tax return. Its 2018 transactions show:
Sales P10,000,000
Cost of sales 6,000,000
General business expenses 1,000,000
Interest on time deposit (gross) 100,000
Interest expense on loans payable 180,000
Gigi Na, a farmer, had the following data for the year:
After its registration on June 29, 1998, WATDAPAK constructed buildings and
purchased machineries and equipment. As of December 31, 2009, the total
cost of the properties amounted to P3,150,925,917.
In its quarterly income tax return for year 2010, WATDAPAK subjected the
entire gross sales of its properties to 5% final tax on PEZA registered
corporations. WATDAPAK paid taxes amounting to P44,677,500. On February 2,
2011, after requesting the cancellation of its PEZA registration and
amending its articles of incorporation to shorten its corporate term,
WATDAPAK filed an administrative claim for the refund of P44,677,500 with
the Bureauof Internal Revenue (BIR). WATDAPAK alleged that the amount was
erroneously paid. It also indicated the refundable amount in its final
income tax return filed on March 1, 2011. It also alleged that it incurred
a net loss of P2,233,464,538.
The BIR did not act on WATDAPAK’ claim, which prompted the latter to file a
petition for review before the Court of Tax Appeals on September 9, 2012.
The Court of Tax Appeals Second Division denied WATDAPAK’ claim for refund
in the decision dated December 29, 2014. The Court of Tax Appeals Second
Division found that WATDAPAK’ administrative claim for refund and the
petition for review with the Court of Tax Appeals were filed within the
two-year prescriptive period. However, fiscal incentives given to PEZA-
registered enterprises may be availed only by PEZA-registered enterprises
that had already commenced operations. Since WATDAPAK had not commenced
operations, it was not entitled to the incentives of either the income tax
holiday or the 5% preferential tax rate. Payment of the 5% preferential tax
amounting to P44,677,500 was erroneous.
After finding that WATDAPAK sold properties that were capital assets under
Section 39(A)(1) of the National Internal Revenue Code of 1997, the Court
of Tax Appeals Second Division subjected the sale of WATDAPAK’s assets to
6% capital gains tax under Section 27(D)(5) of the same Code and Section 2
of Revenue Regulations No. 8-98. It was found liable for capital gains tax
amounting to P53,613,000. Therefore, WATDAPAK must still pay the balance of
P8,935,500 as deficiency tax, "which respondent should perhaps look into."
On July 17, 2015, WATDAPAK filed a petition for review before the Court of
Tax Appeals En Banc.
Normal Excess
Taxes Excess MCIT
Quarter income Withholding Tax
Withheld Prior Year
tax MCIT Prior Year
First P100,000 P80,000 P20,000 P30,000 P10,000
Second 120,000 250,000 30,000
Third 250,000 100,000 40,000
Fourth 200,000 100,000 35,000
37. Using the preceding problem except that the normal income tax for the
fourth quarter is P50,000 (instead of P200,000),the income tax due for the
year is
a. Pl20,000 b. P55,000 c.P45,000 d. P75,000
40. The corporation remitted to its head office the P5M dividend income and
40% of its net profit to its head office in USA. The corporation’s total
tax liability including the tax on the profit remitted is
41. In the foregoing problem, if it is registered with PEZA, its total tax
liability is
a. P10,240,000 b. P0 c. P11,200,000 d. P15,960,000
43. Based on the above problem, its total tax liability if it is a resident
corporation is
a. P721,000 b. P679,200 c. P659,200 d.P741,000
WPM is a rice dealer. His total annual gross sales and/or receipts do not
exceed Three Million (P3,000,000), allowing him to avail the following:
Statement 2: WPM may elect to pay the 8% commuted tax rate on gross sales
or receipts and other non-operating income in lieu of the graduated income
tax rates and the percentage tax under Section 24(A)(2)(b) of the 1997 Tax
Code, as amended, since his gross sales or receipts did not exceed Three
Million Pesos (P3,000,000) during the taxable year.
48. Same facts but the employee is a non-resident alien individual not engaged
in trade or business within the Philippines:
a. P6,666.67 c. P2,692.31
b. P7,692.31 d. P1,666.67
49. Ms. Grace received the following compensation for the year:
50. Mr. Gerry, hired on July 1, 2018, received the following compensation for
the year:
a. P8,334 c. P3,334
b. P5,000 d. Some other amount
51. A non-VAT retail business exceeded the VAT threshold on October 31, 2016.
On that date, it had the following lists of goods on hand which it acquired
from VAT suppliers:
52. A VAT taxpayer had the following data regarding its sales and input VAT
during a particular quarter:
Non-traceable input VAT totaled P 24,000. Input VAT applied for tax refund
totaled P 6,000.
56. The sale of a VAT registered taxpayer for the last 12 months failed to
exceed the VAT threshold. It made the following sales during the month:
57. A non-VAT professional service provider which exceeded the VAT threshold
had the following revenue and collections during the quarter:
Incoming Outgoing
Passengers P 1,000,000 P 2,000,000
Cargoes, mails; excess baggage 500,000 400,000
Mr. and Mrs. Smith has salaries from employment of P150,000 and P100,000,
respectively. Mrs. Smith paid P3,000 health insurance for the family.
60. Intrepid, Inc. showed the following computation of its taxable income in
2016.