REPUBLIC OF THE PHILIPPINES, represented by the COMMISSIONER OF

INTERNAL REVENUE vs. TEAM ENERGY CORPORATION

ISSUE: Irrevocability of option to carry over for the taxable year

Once the option to carry over and apply the excess quarterly income tax against income
tax due for the taxable years of the succeeding taxable years has been made, such option
shall be considered irrevocable for that taxable period and no application for cash
refund or issuance of a tax credit certificate shall be allowed therefor. The two options
are alternative and not cumulative in nature, that is, the choice of one precludes the
other.

In the instant case, the respondent opted to be refunded or to be issued a tax credit
certificate, not to carry over the excess withholding tax for taxable year 2002 to the
following taxable year.

ISSUE: Rules on prescription when opted to carry over or when opted to

refund

It is worthy to note that unlike the option for refund of excess income tax, which
prescribes after two years from the filing of the FAR, there is no prescriptive period for
the carrying over of the same.

Cheryl Moana Marie Aquino, III-A

G.R. No. 167679 July 22, 2015

ING BANK N.V., vs. COMMISSIONER OF INTERNAL REVENUE

ISSUE: Whether petitioner ING Bank may validly avail itself of the tax
amnesty granted by Republic Act No. 9480

Qualified taxpayers with pending tax cases may still avail themselves of the tax amnesty
program under Republic Act No. 9480,1 otherwise known as the 2007 Tax Amnesty Act.
Thus, the provision in BIR Revenue Memorandum Circular No. 19-2008 excepting
"[i]ssues and cases which were ruled by any court (even without finality) in favor of the
BIR prior to amnesty availment of the taxpayer" from the benefits of the law is illegal,
invalid, and null and void.2The duty to withhold the tax on compensation arises upon its
accrual.

[N]either the law nor the implementing rules state that a court ruling that has not
attained finality would preclude the availment of the benefits of the Tax Amnesty Law.
Both R.A. 9480 and DOF Order No. 29-07 are quite precise in declaring that "[t]ax cases
subject of final and executory judgment by the courts" are the ones excepted from the
benefits of the law.

Cheryl Moana Marie Aquino, III-A