Category Archives: Tax Code

The two alternative options of a corporate taxpayer whose total quarterly income tax payments exceed its tax liability, and on how the choice of one option precludes the other

In this appeal, the petitioner insists that: I.    THE COURT OF APPEALS ERRED IN HOLDING THAT THE TWO-YEAR PRESCRIPTIVE PERIOD UNDER SECTION 229 OF THE TAX CODE IS NOT JURISDICTIONAL, THUS THE CLAIM FOR REFUND OF RESPONDENT IS SUSPENDED FOR … Continue reading

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Documentary stamp tax is levied on every document which establishes that insurance was made or renewed upon a life.

As can be gleaned from the facts, the deficiency documentary stamp tax was assessed on the increases in the life insurance coverage of two kinds of policies: the “Money Plus Plan,” which is an ordinary term life insurance policy; and … Continue reading

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To withdraw the exemption of PAGCOR from the payment of corporate income tax does not violate non impairment clause of the Constitution

Petitioner further contends that Section 1 (c) of R.A. No. 9337 is null and void ab initio for violating the non-impairment clause of the Constitution.  Petitioner avers that laws form part of, and is read into, the contract even without … Continue reading

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To withdraw the exemption of PAGCOR from the payment of corporate income tax does not violate equal protection clause of the Constitution

The main issue is whether or not PAGCOR is still exempt from corporate income tax and VAT with the enactment of R.A. No. 9337. After a careful study of the positions presented by the parties, this Court finds the petition … Continue reading

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The burden of proof rests upon the party claiming exemption from tax

 Taxation is the rule and exemption is the exception.[23] The burden of proof rests upon the party claiming exemption to prove that it is, in fact, covered by the exemption so claimed.[24] As a rule, tax exemptions are construed strongly … Continue reading

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PAGCCOR is exempt from the payment of VAT

1067-A) was issued exempting PAGCOR from the payment of any type of tax, except a franchise tax of five percent (5%) of the gross revenue.[4] Thereafter, on June 2, 1978, P.D. No. 1399 was issued expanding the scope of PAGCOR’s … Continue reading

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Documentary Stamp Tax on Group Life Insurance

In view of the fact that the assessment for deficiency documentary stamp tax covered the taxable year 1997, the relevant and applicable legal provisions are those found in the 1977 National Internal Revenue Code (Tax Code) as amended,[33] to wit: … Continue reading

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