Facts: Respondent is a corporation organized and existing under Philippine laws which engages in the manufacture, production, sale, and distribution of automotive parts and accessories. BIR issued a Final Assessment Notice (FAN) against respondent in the amount of ₱32,100,613.42 Respondent requested for reconsideration of the FAN issued by the BIR. BIR issued a Final DecisionContinue reading “CIR vs.PHILIPPINE-ALUMINUM WHEELS, INC. G.R. No. 216161”
Category Archives: Taxation 1
Commissioner of Internal Revenue vs. La Flor Dela Isabela, Inc. G.R. No. 211289, January 14, 2019
Facts: La Flor dela Isabela, Inc. (La Flor) is a domestic corporation duly organized and existing under Philippine Law. It filed monthly returns for the EWT and WTC for CY 2005. On 9/3/2008, 2/16/2009, and 12/2/2009, it executed Waivers of the Statute of Limitations. On 1/7/2010, it received four Formal Letters of Demand and Final AssessmentContinue reading “Commissioner of Internal Revenue vs. La Flor Dela Isabela, Inc. G.R. No. 211289, January 14, 2019”
RHOMBUS ENERGY, INC. V. CIR
FACTS: On April 17, 2006, respondent filed its Annual Income Tax Return (“ITR”) for taxable year 2005. Said Annual ITR indicated, among others, the excess creditable withholding tax (“CWT”) for the year 2005 in the amount P1,500,653.00 was “To be refunded” to it by the CIR. Rhombus reiterated this excess credit from the previous yearContinue reading “RHOMBUS ENERGY, INC. V. CIR”
BLOOMBERRY RESORTS AND HOTELS, INC., vs. BUREAU OF INTERNAL REVENUE, REPRESENTED BY COMMISSIONER KIM S. JACINTO-HENARES, G.R. No. 212530, August 10, 2016
Facts: Bloomberry Resorts is the Operator of Solaire; A Casino and Hotel. Bloomberry is questioning the legality of Revenue Memorandum Circular 33-2013 pursuant to RA 9337 saying that all income from gaming operations need to pay Corporate income tax at 30% on top of the franchise tax which is 5%. Bloomberry is relying on theContinue reading “BLOOMBERRY RESORTS AND HOTELS, INC., vs. BUREAU OF INTERNAL REVENUE, REPRESENTED BY COMMISSIONER KIM S. JACINTO-HENARES, G.R. No. 212530, August 10, 2016”
CIR v. CEBU HOLDINGS GR No. 189792, Jun 20, 2018
FACTS: Respondent filed with the BIR a written claim for a tax credit certificate in the amount of P18,992,055.00. Basis for the amount follows: On 15 April 2003, respondent filed with the Bureau of Internal Revenue (BIR) its Income Tax Return (ITR) for the year ending 31 December 2002. Tax due is derived as follows:Continue reading “CIR v. CEBU HOLDINGS GR No. 189792, Jun 20, 2018”
Taxation 1 Lecture
I. BASIC PRINCIPLES OF TAXATION A. TAXATION AS AN INHERENT POWER OF THE STATE Power to tax is inherent in sovereignty the moment the State exists, the power to tax automatically exists enforceable even without any delegation by the Constitution or legislation from Congress LGUs have no inherent power to tax; butContinue reading “Taxation 1 Lecture”
Taxation Cases:
CIR vs. La Flor Dela Isabela, Inc. – G.R. No. 211289, January 14, 2019 RHOMBUS ENERGY, INC. V. CIR – CIR vs. Secretary of Justice – CIR v. CEBU HOLDINGS – GR No. 189792, Jun 20, 2018 PSALM CORP vs. CIR – G.R. No. 198146, August 8, 2017 CIR vs.PHILIPPINE-ALUMINUM WHEELS, INC. – G.R. No. 216161Continue reading “Taxation Cases:”
Taxation 1
Case Digest: Lecture:
POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. 198146, August 8, 2017
Facts: Through the EPIRA Law, PSALM was created to facilitate the sale and privatization of the National Power Corporation. Two power plants was sold by PSALM. The BIR assessed the petitioner with VAT for the said sale. Petitioner then paid the assessed tax in protest and raised the issue with the DOJ. The DOJ renderedContinue reading “POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. 198146, August 8, 2017”
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