S.A 2020/21 B.E TAXATION LAW | Question #18

SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN TAXATION LAW #TaxationLaw #PreviousBarQuestions Code: S.A 2020/21 B.E TAXATION LAW | Question #18

  

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A corporation received a letter of authority from the Bureau of Internal Revenue for 2015, which is also the corporation’s taxable year. By the end of 2019, the Bureau of Internal Revenue had yet to complete examining the corporation’s book.


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In January 2020, before the onset of the COVID-19 pandemic, the Bureau of Internal Revenue issued a final assessment for deficiency taxes for 2015 based on the same letter of authority. 


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The Bureau of Internal Revenue only found a deficiency in the income tax but did.not find fraud.

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Is the assessment valid? Explain briefly.

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SUGGESTED ANSWER | 

No, the assessment is invalid. Section 203 of the NIRC provides that revenue taxes shall be assessed within three years after the last day prescribed by law for the filing of the return, provided that if the return was filed beyond said period, the three-year period shall be counted from the day the return was filed. 




The due date for filing the income tax return for the taxable year ending 31 December 2015 was on 15 April 2016. 


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On the assumption that the taxpayer filed and paid its income taxes on time, the three-year period for BIR to assess ended on 15 April 2019. 


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The assessment in 2020, absent any circumstances that suspends the statute of limitations, was made beyond the prescribed period and is void.


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