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Tax La 1 General Principles Remedies of Taxation
Tax La 1 General Principles Remedies of Taxation
UNIVERSITY OF LUZON
COLLEGE OF ACCOUNTANCY
CPA REVIEW CENTER
Multiple Choice
1. All of the following are inherent powers of the government, except:
a. Taxation
b. Eminent domain
c. Police power
d. Anti-terrorism
4. Which of the following inherent powers of the governmernt has the most tangible equivalent
compersation?
a. Taxation
b. Eminent Domain
c. Police Power
d. Hydroelectric Power
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7. When the law itself provides for non-payment of taxes, such tax escape is known as:
a. Tax evasion
b. Tax holiday
c. Tax minimization
d. Tax avoidance
8. Substituted filing of income tax returns is a manifestation of which principle of a sound tax system?
a. Equality
b. Theoretical justice
c. Fiscal adequacy
d. Administrative feasibility
10. Statement 1: The Constitution prohibits that taxes must be paid in any other form than money.
Statement 2: The Bureau of Internal Revenue may accept real property as a way of voluntary compliance
of one’s tax obligations.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true.
d. Both statements are not true.
11. All of the following statements are true regarding the legislative branch of the government, except:
a. It has the authority to determine the persons liable to pay taxes, the subjects of
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12. Statement 1: A revenue bill must originate from the House of Representatives.
Statement 2: A bill granting tax exemption must originate from the Senate.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true
d. Both statements are not true.
13. Statement 1: Under the non-establishment clause, the government cannot support any religion. Statement
2: Taxes may be used to establish a park in honor of a saint or a figure.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true.
d. Both statements are not true.
14. Statement 1: Substantive due process provides that there must be notice and hearing before the
government acts.
Statement 2: The equality principle in taxation provides that the tax liabilities of all taxpayers must be
equal.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true.
d. Both statements are not true.
15. Statement 1: The Constitution provides that the Congress must enact a regressive system of taxation.
Statement 2: Due process in taxation is observed when taxes are enacted to favor the poor.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true.
d. Both statements are not true.
16. Which stage of taxation is being carried out by the Executive Department?
a. Determination
b. Levy
c. Imposition
d. Assessment/Collection
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18. The Bureau of Internal Revenue is under which department of the Executive Branch of the government?
a. Department of Agriculture
b. Department of Finance
c. Department of Public Works and Highways
d. Department of CPAs
19. All of the following are major Divisions of the BIR, except:
a. Operations Group
b. Legal Group
c. Inventory Systems Group
d. Resource Management Group
21. For purposes of real property valuation, The CIR can divide the Philippines into:
a. Regions
b. Zones
c. Areas
d. Cohorts
23. The CIR may inquire into bank deposits of the following, except:
a. decedent to determine his gross estate
b. any taxpayer who has filed an application for compromise of his tax liability by
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24. All of the following are criteria used by the CIR to accredit tax agents, except:
a. Professional competence
b. Moral fitness
c. Reputation as a taxpayer
d. Integrity
25. Which of the following inherent limitations of the power of taxation is violated by the imposition of tax
on the importation of the head of states and other diplomatic or consular representatives of other
countries?
a. Territoriality
b. International comity
c. Exemption of government from taxes
d. Non-delegation of power of taxation
26. Which of the following constitutional rights is mainly violated by a tax law enacted for whereby its
proceeds will be used to rehabilitate a private corporation under financial distress?
a. Right to due process
b. Right to equal protection of the law
c. Right to just compensation
d. Right against self-incrimination
28. Land, building and improvement actually, directly and exclusively used for educational purposes of
which educational institutions are exempted from real property tax?
a. Nonstock nonprofit educational institutions
b. Proprietary educational institutions
c. Both a and b
d. Neither a nor b
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29. Which of the following inherent powers of the state is inferior to constitutional right of non-impairment
of obligation of contracts?
a. Power of taxation
b. Police power
c. Power of eminent domain
d. None of the above
31. What type of veto may be exercised by the President over tax bills?
a. Absolute or Total Veto
b. Item Veto
c. Both a and b
d. Neither a nor b
32. Which of the following real properties is subject to real property tax?
a. Mosques
b. Profit cemetery
c. Convents
d. Charitable institutions
33. What is the required vote for the passage of a law granting tax exemption?
a. Concurrence of at least 2/3 of all the Members of the Congress
b. Concurrence of at least 3/4 of all the Members of the Congress
c. Concurrence of at least majority of all the Members of the Congress
d. Concurrence of at least 1/3 of all the Members of the Congress
34. Which of the following agencies of the government may exercise the law-making power of taxation?
a. Bureau of Customs
b. Bureau of Internal Revenue
c. Both a and b
d. Neither a nor b
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35. The Congress, by law, is not constitutionally allowed to deprive appellate jurisdiction of which court
regarding the constitutionality of a tax law?
a. Regional Trial Court
b. Court of Tax Appeals
c. Supreme Court
d. All of the above
38. Under Article VI Section 24 of the 1987 Philippine Constitution, where shall revenue or tariff bills
originate exclusively?
a. Senate of the Philippines
b. House of Representatives of the Philippine
c. Office of the President
d. Department of Finance
d. Neither A nor B
44. It refers to the process of minimizing tax through means which are legal and not prohibited by law.
a. Tax avoidance
b. Tax evasion
c. Tax dodging
d. Any of the above
45. Subject to inherent and constitutional limitations, the following are the general characteristics of power of
taxation, except
a. Supreme
b. Plenary
c. Limited
d. Comprehensive
46. In which inherent power of the state will the affected citizen receive a direct benefit?
a. Power of eminent domain
b. Police power
c. Power of taxation
d. None of the above
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47. Under the 1987 Philippine Constitution, which has the power to create its own sources of revenues and to
levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide?
a. Each local government unit
b. Bureau of Internal Revenue
c. Bureau of Customs
d. Department of Finance
49. What is the rationale behind the constitutionally delegated taxation power of local government unit?
a. To promote local autonomy
b. To advocate national policy
c. To encourage separation from national government
d. To advocate federalism
50. This theory means that the state cannot exist without the government.
a. Life-blood doctrine
b. Necessity theory
c. Benefits Protection theory or Doctrine of Symbiotic Relationship
d. Big bang theory
51. As a general rule, which of the following shall not be given retroactive application?
a. Tax laws imposing business tax
b. Tax implementing rules and regulations that are remedial in nature
c. Tax circulars that are intended for internal or administrative purposes of BIR
d. Tax memoranda that are interpretative in nature
52. Which of the following is not considered an inherent power of the state?
a. Police Power
b. Taxation Power
c. Military Power
d. Eminent Domain Power
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53. Which of the following government agencies may exercise the law-making power of taxation?
a. Local government units
b. Bureau of Internal Revenue
c. Bureau of Customs
d. All of the above
54. Who has the to veto the Taxation Bills passed by the Congress?
a. Supreme Court
b. President
c. Either A or B
d. Neither A nor B
55. Which of the following is not a tax mechanism to minimize the impact of double taxation?
a. Tax shifting
b. Tax levy
c. Tax capitalization
d. Tax transformation
57. Which of the following is not a requisite of valid classification to justify a reasonable discrimination?
a. It must be based on substantial distinction.
b. It must be germane to the purpose of the law.
c. It must be applicable to present conditions only but not future ones.
d. It must be applied equally to all persons within the same class.
58. This principle means that only taxpayers directly affected by imposition of tax law shall be allowed to
assail its constitutionality.
a. Legal standing or Locus Standi
b. Ripeness for adjudication
c. Lis Mota of the Case
d. Issue of Transcendental Importance
59. Broadly defined, this informs the taxpayer that he or she has tax liabilities.
a. Assessment
b. Investigation
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c. Letter of authority
d. Litigation
61. Which of the following can be the subject of a collection suit immediately, without the need of a prior
assessment?
a. Delinquency tax
b. Deficiency tax
c. Both a and b
d. Neither a nor b
62. It is defined as a delinquency tax assessment made without the benefit of a complete or partial
investigation by an authorized revenue officer.
a. Hasty assessment
b. Jeopardy assessment
c. Delinquency assessment
d. Impartial assessment
63. It is an official document that empowers a Revenue Officer (RO) to examine and scrutinize a taxpayer's
books of accounts and other accounting records, in order to determine the taxpayer's correct internal
revenue tax liabilities.
a. Preliminary Assessment Notice (PAN)
b. Warrant of Inspection (WOI)
c. Letter of Authority (LA)
d. Arrest Warrant (AW)
65. Which kind of protest requires the submission of additional supporting documents?
a. Request for reconsideration
b. Request for reinvestigation
c. Request for reconveyance
d. Request for recognition
66. Within how many days must additional supporting documents be submitted?
a. Fifteen (15) days from filing of a request for reinvestigation.
b. Thirty (30) days from filing of a request for reinvestigation.
c. Sixty (60) days from filing of a request for reinvestigation.
d. Ninety (90) days from filing of a request for reinvestigation.
67. It is the decision of the Commissioner of Internal Revenue on the protest of the taxpayer against an
assessment.
a. Final Decision on Disputed Assessment (FDDA)
b. Final Decision on Contested Assessment (FDCA)
c. Final Decision on Protested Assessment (FDPA)
d. Final Decision on Questioned Assessment (FDQA)
70. Statement 1: Civil cases already filed before the courts may no longer be the subject of compromise.
Statement 2: Criminal tax fraud cases cannot be the subject of compromise.
a. Only Statement 1 is true.
b. Only Statement 2 is true.
c. Both statements are true.
d. Both statements are not true.
73. Mimiyuuuh Company filed its annual income tax return for the calendar year 2020 on April 12, 2021.
The BIR assessed Mimiyuuuh of deficiency taxes on April 14, 2024, without alleging fraud. Mimiyuuuh,
in its protest, contended that the period for BIR to assess has already prescribed. Is Mimiyuuuh correct?
a. Yes, the right of BIR to assess has prescribed on April 12, 2023.
b. Yes, the right of BIR to assess has prescribed on April 12, 2024.
c. No, the right of BIR to assess will only prescribe on April 15, 2024.
d. No, the right of BIR to assess will only prescribe on April 15, 2025.
74. Harry Potter Company filed its donor's tax return for a donation made on March 1, 2020, on March 20,
2020. On April 13, 2020, Harry Potter Company filed an amended donor's tax return declaring a gross
gift which is 40% greater than the previously declared gross gift. When is the last day for BIR to assess
Harry Potter Company for deficiency donor's tax assuming there is no fraud?
a. March 1, 2023.
b. March 20, 2023.
c. March 31, 2023.
d. April 13, 2023.
75. A final decision on disputed assessment (FDDA) may be the subject of a Petition for Review within:
a. 30 days from the issuance of decision
b. 30 days from receipt of the taxpayer of the FDDA
c. 60 days from the issuance of decision
d. 60 days from receipt of the taxpayer of the FDDA
76. The Court of Tax Appeals is composed of a Presiding Justice and _____ associate Justices.
a. Seven
b. Eight
c. Nine
d. Ten
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77. Upon notice of an adverse decision by the Court of Tax Appeals Division, the taxpayer must file:
a. A Petition for Review within 15 days to the Court of Tax Appeals en banc.
b. A Petition for Review within 30 days to the Court of Tax Appeals en banc.
c. A Motion for Reconsideration or Motion for New Trial within 15 days to the Court
of Tax Appeals Division.
d. A Motion for Reconsideration or Motion for New Trial within 30 days to the Court
of Tax Appeals Division.
78. What are the two kinds of interest under the Tax Code?
a. Deficiency and deficit interest
b. Deficiency and delinquency interest
c. Delinquency and demerit interest
d. Delinquency and deficit interest
79. When will tax surcharge amounting to 50% of tax due be imposed?
a. In case of false or fraudulent return is willfully made.
b. In case of failure to pay the full or part of the amount tax shown on any return
required to be filed, or before the date prescribed for payment.
c. Filing a return with an internal revenue officer other than those to whom the return
is required to be filed.
d. Failure to file any return and pay the tax due thereon.
80. What is the prescriptive period of assessment of tax in case of false or fraudulent return?
a. Within 3 years from the last date of filing required by law or actual filing of return
whichever is later.
b. Within 5 years from the discovery of falsity or fraud.
c. Within 3 years from the discovery of falsity of fraud.
d. Within 10 years from the discovery of falsity or fraud.
81. What is the jurisdictional amount for filing civil action for collection of taxes to Court of Tax Appeals?
a. If the principal amount of taxes is P300,000 or less exclusive of charges and
penalties.
b. If the principal amount of taxes is P400,000 or less exclusive of charges and
penalties.
c. If the principal amount of taxes is at least P1,000,000 exclusive of charges and
penalties.
d. If the principal amount of taxes is at least P500,000 exclusive of charges and
penalties.
82. Which of the following is not an administrative remedy of BIR Commissioner to collect tax?
a. Distraint of personal property
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83. In which scenario is previous issuance of preliminary assessment notice mandatory for the validity of the
issued final assessment notice with formal letter of demand?
a. When the tax deficiency is due to mathematical error
b. When the amount of tax withheld is higher than the amount of tax remitted to BIR
c. When the tax deficiency pertains to value added tax
d. When the amount of tax refunded is still claimed as tax credit
84. Which type of formal protest filed by a taxpayer before BIR Commissioner requires the taxpayer to
submit documentary evidence to BIR Commissioner?
a. Request for reconsideration
b. Request for reinvestigation
c. Both A and B
d. Neither A nor B
86. What is the prescriptive period for collection of national internal revenue taxes?
a. Within 5 years from the finality of assessment of tax
b. Within 10 years from the finality of assessment of tax
c. Within 2 years from the finality of assessment of tax
d. Within 3 years from the finality of assessment of tax
87. Which court may enjoin the collection of national internal revenue taxes?
a. Court of Tax Appeals
b. Supreme Court
c. Either A or B
d. Neither A nor B
88. What is the remedy available to the taxpayer if the 180-day period given by law to BIR Commissioner to
decide on the formal protest filed by taxpayer has already lapsed without any action on the part of BIR
Commissioner?
a. Wait for the decision of BIR Commissioner
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b. Appeal before the CTA Division within 30 days from the lapse of the 180-day
period
c. Either A or B
d. Neither A nor B
89. Under National Internal Revenue Code, which of the following government officer has the power to
cancel a tax liability?
a. BIR Commissioner
b. Revenue District Officer
c. BIR Deputy Commissioner
d. Revenue Regional Director
90. In which of the following tax assessment cases is prior preliminary assessment notice necessary for the
validity of final assessment notice?
a. When a discrepancy has been determined between the tax withheld and the amount
actually remitted by the withholding agent
b. When a taxpayer who opted to claim a refund or tax credit of excess creditable
withholding tax for a taxable period was determined to have carried over and
automatically applied the same amount claimed against the estimated tax liabilities
for the taxable quarter or quarters of the succeeding taxable year
c. When the article locally purchased or imported by an exempt person, such as, but
not limited to, vehicles, capital equipment, machineries and spare parts, has been
sold, traded or transferred to non-exempt persons.
d. When a non-VAT registered person issues a VAT-Official Receipt or Sales
Invoice in a VAT-Exempt transaction
91. Which of the following is a valid ground for tax abatement or cancellation by BIR Commissioner?
a. Reasonable doubt as to validity of the claim against the taxpayer
b. The financial position of the taxpayer demonstrates a clear inability to pay the
assessed tax
c. The administration and collection costs involved do not justify the collection of the
amount due
d. The tax or any portion thereof appears to be justly assessed
92. Who has the original jurisdiction to entertain claim for tax refund of National Internal Revenue Taxes?
a. Municipal Trial Court
b. Regional Trial Court
c. Court of Tax Appeals Division
d. BIR Commissioner
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93. What is the prescriptive period for ordinary assessment by BIR Commissioner of National Internal
Revenue Taxes?
a. Within 2 years from the last date of filing of tax return required by law or actual
date of filing of tax return, whichever is later
b. Within 3 years from the last date of filing of tax return required by law or actual
date of filing of tax return, whichever is later
c. Within 4 years from the last date of filing of tax return required by law or actual
date of filing of tax return, whichever is later
d. Within 10 years from the last date of filing of tax return required by law or actual
date of filing of tax return, whichever is later
94. Which court has the authority to issue injunction to enjoin collection of national tax?
a. Municipal Trial Court
b. Regional Trial Court
c. Court of Tax Appeals
d. Court of Appeals
Situational Problem No. 1: For items 66 to 70, refer to the following information:
Stephen is a sole proprietor engaged in the manufacturing of tailor-made leather products for white
horses, the most famous of which being saddles. Stephen received a Final Assessment Notice from the
Bureau of Internal Revenue on December 13, 2020. On January 5, 2021, Stephen filed a request for
reinvestigation. On August 11, 2021, Stephen received a Final Decision on Disputed Assessment from
the Commissioner of Internal Revenue stating that his request for reinvestigation is denied. The FDDA is
a two-sentenced letter stating that the request for reinvestigation is denied, and that Stephen should seek
the appropriate judicial remedy. Stephen appealed before the division of the Court of Appeals on
September 3, 2021.
96. Assuming the proper periods were observed, is the judicial remedy proper?
a. No. The appeal should be filed before the Court of Appeals en banc.
b. No. The appeal should be filed before the division of Court of Tax Appeals.
c. No. The appeal should be filed before the Supreme Court.
d. Yes. The judicial remedy is proper.
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97. When is the last day for the BIR to decide on Stephen's request for reinvestigation assuming that Stephen
submitted supporting documents on the last day allowed by the Tax Code?
a. September 2, 2021
b. July 4, 2021
c. May 5, 2021
d. December 31, 2021
98. Assuming that the choice of judicial remedy is proper, was Stephen's appeal timely filed?
a. Yes, since Stephen has thirty (30) days from the receipt of the FDDA to file his
appeal.
b. Yes, since Stephen has thirty (30) days from the expiration of the period for the
BIR to decide to file his appeal.
c. No, since Stephen only has fifteen (15) days from the receipt of the FDDA to file
his appeal.
d. No, since thirty (30) days have already lapsed from the expiration of the period for
the BIR to decide.
99. When is the last day to amend Tim McGraw's annual income tax return?
a. April 15, 2022
b. April 15, 2023
c. April 15, 2025
d. April 15, 2027
100. When is the last day for Tim McGraw to file a claim for refund before the Bureau of Internal Revenue?
a. April 15, 2022
b. April 15, 2023
c. April 15, 2024
d. April 15, 2025
END OF EXAMINATION.