Category: Taxation

— Taxation —

University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation

April 5, 2021

FACTS: Petitioner UPSI-MI, a domestic corporation, filed its Annual Income Tax Return (ITR) for the year 2006, reflecting an income tax overpayment of 5,159,341.00. In the following year, UPSI-MI changed its taxable period from calendar year to fiscal year ending on the last day of March. It filed on November 14, 2007 an Annual ITR… Read More University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation

— Taxation —

Taxation Jurisprudence by J. Leonen TAX EXEMPTION, NATURE OF EXCISE TAX, POWER OF TAXATION, CONSTITUTIONAL PROHIBITION AGAINST DOUBLE TAXATION, BIR AND CTA and TAX AMNESTY

March 16, 2021

BIR AND CTA  CIR v. SAN MIGUEL CORPORATION G.R. Nos. 205045 & 205723, January 25, 2017 While estoppel generally does not apply against government, especially when the case involves the collection of taxes, an exception can be made when the application of the rule will cause injustice against an innocent party. Respondent had already acquired… Read More Taxation Jurisprudence by J. Leonen TAX EXEMPTION, NATURE OF EXCISE TAX, POWER OF TAXATION, CONSTITUTIONAL PROHIBITION AGAINST DOUBLE TAXATION, BIR AND CTA and TAX AMNESTY

— Taxation —

Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

February 13, 2021

FACTS: Petitioner Paseo Realty and Development Corporation, a domestic corporation engaged in the lease of two (2) parcels of land at Paseo de Roxas in Makati City, filed its Income Tax Return for the calendar year 1989 declaring a net income of ₱79,009.00, an income tax due thereon in the amount of ₱27,653.00, prior year’s… Read More Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

— Constitutional Law, Taxation —

Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

January 22, 2021

FACTS: Petitioner Kim Jacinto-Henares, acting in her capacity as then Commissioner of Internal Revenue (CIR), issued RMO No. 20-2013, “Prescribing the Policies and Guidelines in the Issuance of Tax Exemption Rulings to Qualified Non-Stock, Non-Profit Corporations and Associations under Sec. 30 of the NIRC, as Amended” Respondent St. Paul College of Makati (SPCM), a non-stock,… Read More Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

— Bar Q & A, Taxation —

Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

January 23, 2020

2019 Bar A.2. For purposes of value-added tax, define explain or distinguish the following terms: (a) Input tax and output tax (3%) (b) Zero-rated and effectively zero-rated transactions (3%)  (c) Destination principle (2%) SUGGESTED ANSWERS: (a) Input tax is the VAT (b) Zero-rated transactions generally refer to the export sale of good and supply of… Read More Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

— Bar Q & A, Taxation —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

August 8, 2019

UP LAW COMPLEX I. SMZ, Inc. is a VAT-registered enterprise engaged in the general construction business. HP International contracts the services of SMZ Inc, to construct HP International’s factory building located in the Laguna TechnoPark, a special economic zone HP International is registered with the Philippine Economic Zone Authority (PEZA) as an ecozone export enterprise,… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

— Taxation —

CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC

July 18, 2019

FACTS Section 21(B) of the Manila Revenue Code originally provided: Section 21. Tax on Businesses Subject to the Excise, Value-Added or Percentage Taxes Under the NIRC. On any of the following businesses and articles of commerce subject to the excise, value-added or percentage taxes under the National Internal Revenue Code, hereinafter referred to as NIRC,… Read More CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC

— Taxation —

CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund

July 4, 2019

FACTS: Respondent Burmeister And Wain Scandinavian Contractor Mindanao, Inc., is a VAT registered corporation primarily engaged in industrial and power-generating plants and related facilities for the conversion into electricity of coal distillate, and other fuels.  Respondent subcontracted from a consortium of non-resident foreign corporations the actual operation and maintenance of two 100-megawatt power barges owned… Read More CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund

— Taxation —

CIR v. CE LUZON GEOTHERMAL POWER COMPANY G.R. No. 190198 September 17, 2014 J. PERLAS-BERNABE Value Added Tax, Tax Remedies

June 25, 2019

FACTS: CE Luzon is one of the generating companies recognized by the Department of Energy – and pursuant to RA 9136 – it treated the delivery and supply of electric energy to the Philippine National Oil Company-Energy Development Corporation (PNOC-EDC) as VAT zero-rated CE Luzon timely filed its VAT return for the third and fourth… Read More CIR v. CE LUZON GEOTHERMAL POWER COMPANY G.R. No. 190198 September 17, 2014 J. PERLAS-BERNABE Value Added Tax, Tax Remedies