Escolar Documentos
Profissional Documentos
Cultura Documentos
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* THIRD DIVISION.
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On September 26, 2005, respondent received from the
BIR a Preliminary Assessment Notice dated September 16,
2005 to which it filed a Reply.
On October 25, 2005, respondent received a Formal
Letter of Demand (FLD) and Assessment Notices/Demand
No. 43-734 both dated October 17, 2005 from the BIR,
demanding payment of deficiency income tax, final
withholding tax (FWT), expanded withholding tax (EWT),
increments for late remittance of taxes withheld, and
compromise penalty for failure to file returns/late filing/late
remittance of taxes withheld, in the total amount of
P313,339,610.42 for the taxable year ending December 31,
2001.
On November 23, 2005, respondent filed its protest
against the FLD and requested the reinvestigation of the
assessments. On July 28, 2009, respondent received a
letter from the BIR denying its protest. Thus, on August
27, 2009, respondent filed a Petition for Review before the
CTA docketed as CTA Case No. 7965.
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Issue
Petitioner has filed the instant petition on the issue of
whether or not the CIR’s right to assess respondent’s
deficiency taxes had already prescribed.
Our Ruling
The petition has merit.
Section 2033 of the 1997 NIRC mandates the BIR to
assess internal revenue taxes within three years from the
last day prescribed by law for the filing of the tax return or
the actual date of filing of such return, whichever comes
later. Hence, an assessment notice issued after the three-
year prescriptive period is not valid and effective.
Exceptions to this rule are provided under Section 2224 of
the NIRC.
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(b) If before the expiration of the time prescribed in Section 203 for
the assessment of the tax, both the Commissioner and the taxpayer have
agreed in writing to its assessment after such time, the tax may be
assessed within the period agreed upon. The period so agreed upon may be
extended by subsequent written agreement made before the expiration of
the period previously agreed upon.
(c) Any internal revenue tax which has been assessed within the
period of limitation as prescribed in paragraph (a) hereof may be collected
by distraint or levy or by a proceeding in court within five (5) years
following the assessment of the tax.
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(d) Any internal revenue tax, which has been assessed within the
period agreed upon as provided in paragraph (b) hereinabove, may be
collected by distraint or levy or by a proceeding in court within the period
agreed upon in writing before the expiration of the five (5)-year period.
The period so agreed upon may be extended by subsequent written
agreements made before the expiration of the period previously agreed
upon.
(e) Provided, however, That nothing in the immediately preceding and
paragraph (a) hereof shall be construed to authorize the examination and
investigation or inquiry into any tax return filed in accordance with the
provisions of any tax amnesty law or decree.
5 August 2, 2001
REVENUE DELEGATION AUTHORITY ORDER NO. 05-01
SUBJECT: Delegation of Authority to Sign and Accept the Waiver of
the Defense of Prescription Under the Statute of Limitations
TO: All Internal Revenue Officers and Employees and Others
Concerned
I. Revenue Officials Authorized to Sign the Waiver. The following
revenue officials are authorized to sign and accept the Waiver of the
Defense of Prescription Under the Statute of Limitations (Annex A)
prescribed in Sections 203, 222 and other related provisions of the
National Internal Revenue Code of 1997:
A. For National Office cases
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The Chief of the LTDO shall sign and accept the waiver for cases
pending investigation/action in his possession.
C. For Regional cases
Designated Revenue Official
1. Revenue District Officer — Cases pending investigation/
verification/reinvestigation in the Revenue District Offices
2. Regional Director — Cases pending in the Divisions in the Regional
Office, including cases pending approval by the Regional Director.
In order to prevent undue delay in the execution and acceptance of the
waiver, the assistant heads of the concerned offices are likewise
authorized to sign the same under meritorious circumstances in the
absence of the above mentioned officials.
The authorized revenue official shall ensure that the waiver is duly
accomplished and signed by the taxpayer or his authorized representative
before affixing his signature to signify acceptance of the same. In case the
authority is delegated by the taxpayer to a representative, the concerned
revenue official shall see to it that such delegation is in writing and duly
notarized. The “WAIVER” should not be accepted by the concerned BIR
office and official unless duly notarized.
II. Repealing Clause
All other issuances and/or portions thereof inconsistent herewith are
hereby repealed and amended accordingly.
III. Effectivity
This revenue delegation authority order shall take effect immediately
upon approval.
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April 4, 1990
REVENUE MEMORANDUM ORDER NO.
20-90
Subject: Proper Execution of the Waiver
of the Statute of Limitations under the
National Internal Revenue Code
To : All Internal Revenue Officers and
Others Concerned
Pursuant to Section 223 of the Tax Code,
internal revenue taxes may be assessed or
collected after the ordinary prescriptive period, if
before its expiration, both the Commissioner and
the taxpayer have agreed in writing to its
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(SGD.)
RENE G. BAÑEZ
Commissioner of Internal Revenue
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The Court has consistently held that a waiver of the
statute of limitations must faithfully comply with the
provisions of RMO 20-90 and RDAO 05-01 in order to be
valid and binding.
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25 Rollo, p. 144.
While the Court rules that the subject Waivers are valid,
We, however, refer back to the tax court the determination
of the merits of respondent’s petition seeking the
nullification of the BIR Formal Letter of Demand and
Assessment Notices/
Demand No. 43-734.
WHEREFORE, premises considered, the Court resolves
to GRANT the petition. The Decision of the Court of Tax
Appeals En Banc dated May 28, 2014 in C.T.A. E.B. Case
No. 1001 is hereby REVERSED and SET ASIDE.
Accordingly, let this case be remanded to the Court of Tax
Appeals for further proceedings in order to determine and
rule on the merits of respondent’s petition seeking the
nullification of the BIR Formal Letter of Demand and
Assessment Notices/
Demand No. 43-734, both dated October 17, 2005.
SO ORDERED.
Peralta, Villarama, Jr., Perez** and Reyes, JJ., concur.
* * Jardeleza, J., no part, due to his prior action as
Solicitor General; Perez, J., designated additional member
per Raffle dated January 7, 2015.
Petition granted, judgment reversed and set aside.
Notes.—In pari delicto situations involve the parties in
one contract who are both at fault, such that neither can
recover nor have any action against each other.
(Constantino vs. Heirs of Pedro Constantino, Jr., 706 SCRA
580 [2013])
Tax assessments by tax examiners are presumed correct
and made in good faith. (Commissioner of Internal Revenue
vs. Traders Royal Bank, 753 SCRA 414 [2015])
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