Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR
Category: General Taxation
Rulings and circulars, rules and regulations promulgated by the Commissioner of Internal Revenue would have no retroactive effect application if to so apply them would be prejudicial to the taxpayers.
Instances when retroactive application will still be allowed even if prejudicial to the taxpayer:
1. A taxpayer deliberately misstates or omits material facts from his return or any document required by the BIR
2. Where subsequent facts gathered by the BIR are materially different from which the ruling is based.
3. Where the taxpayer acted in bad faith. (Commissioner of Internal Revenue vs. Benguet Corporation, 495 SCRA 5, July 14 2006)
Newer Philippine Law Resources:
Additional Law Reading:
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor -
- Authority of the Internal Revenue Officer to Make Arrests and Seizures -
- Authority of Officers to Administer Oaths and Take Testimony -
- Authority of a Revenue Officer -
- Powers of the Commissioner on Internal Revenue -
Popular in BATASnatin:
- Sources of Revenues (Taxation) - - 2525 Hits
- Powers of the Commissioner on Internal Revenue - - 1824 Hits
- Powers and Duties of the Bureau of Internal Revenue - - 1752 Hits
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor - - 1114 Hits
- Authority of the Internal Revenue Officer to Make Arrests and Seizures - - 1106 Hits
Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR
Category: General Taxation
Rulings and circulars, rules and regulations promulgated by the Commissioner of Internal Revenue would have no retroactive effect application if to so apply them would be prejudicial to the taxpayers.
Instances when retroactive application will still be allowed even if prejudicial to the taxpayer:
1. A taxpayer deliberately misstates or omits material facts from his return or any document required by the BIR
2. Where subsequent facts gathered by the BIR are materially different from which the ruling is based.
3. Where the taxpayer acted in bad faith. (Commissioner of Internal Revenue vs. Benguet Corporation, 495 SCRA 5, July 14 2006)
Newer Philippine Law Resources:
Additional Law Reading:
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor -
- Authority of the Internal Revenue Officer to Make Arrests and Seizures -
- Authority of Officers to Administer Oaths and Take Testimony -
- Authority of a Revenue Officer -
- Powers of the Commissioner on Internal Revenue -
Popular in BATASnatin:
- Sources of Revenues (Taxation) - - 2525 Hits
- Powers of the Commissioner on Internal Revenue - - 1824 Hits
- Powers and Duties of the Bureau of Internal Revenue - - 1752 Hits
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor - - 1114 Hits
- Authority of the Internal Revenue Officer to Make Arrests and Seizures - - 1106 Hits
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