del Castillo

FACTS:Pursuant to a Letter of Authority dated 07 September 1999, a review and audit of respondent’s records for taxable year 1998 was conducted. In connection thereto, petitioner’s accountant executed two waivers of the defense of prescription. The first was executed on 10 December 2001, notarized on 22 January 2002, received by the BIR Enforcement Service on 31 January 2002 and by the BIR Tax Fraud Division on 04 February 2002, and accepted by the Assistant Commissioner of the Enforcement Service. The second was executed on 18 February 2003, notarized on 19 February 2003, received by the BIR Tax Fraud Division…

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FACTS: On 22 January 2004, the City Treasurer issued a Notice of Assessment on respondent for payment of business tax, license fee and other charges for the period 1993 to 2004. The latter seasonably protested but was denied by the City Treasurer for lack of merit. On 05 April 2004, the City Treasurer levied on respondent’s real properties and a notice was published and posted announcing a public auction of the said properties. The electric corporation filed an Urgent Motion for Issuance of Temporary Restraining Order and/or Write of Preliminary Injunction to enjoin petitioner and its City Treasurer from levying,…

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FACTS:Respondent on 25 May 2001 entered into three agreements for programming and consultancy services with Prism Transactive (M) Sdn. Bhd., a Malaysian corporation. On 25 September 2001, it filed its Monthly Remittance Return of Final Income Taxes Withheld for the Month of August 2001, including the 25% royalty tax it withheld from its payment to Prism. On 24 September 2003, respondent filed with the BIR, through the latter’s International Tax Affairs Division, an administrative claim for refund. ISSUE(S):Whether or not a withholding agent has a legal right to file a claim for tax refund. HELD:YES. First, a withholding agent is…

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FACTS:Petitioner filed its Income Tax Return (ITR) for the taxable year ending 31 December 1997 reflecting an overpayment of income taxes. Instead of claiming the amount as a tax refund, petitioner decided to apply it as a tax credit to the succeeding taxable year by marking the tax credit option box in its 1997 ITR. For the taxable year 1998, petitioner’s amended ITR also showed an overpayment. On 12 April 2000, petitioner filed with the BIR an administrative claim for refund, carried over the overpaid amount to taxable year 1999 and applied a portion thereof to its 1999 Minimum Corporate Income…

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FACTS: On 30 April 2004, the BIR issued a Preliminary Assessment Notice (PAN) to petitioner for deficiency Documentary Stamp Tax (DST) and Gross Receipts Tax (GRT) for taxable year 2001. Petitioner received the PAN on 18 May 2004 and filed a protest against it on 27 May 2004. In response thereto, the BIR on 16 July 2004 issued a Formal Letter of Demand with Assessment Notices, which partly reads: It is requested that the above deficiency tax be paid immediately upon receipt hereof, inclusive of penalties incident to delinquency. This is our final decision based on investigation. If you disagree,…

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