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Question XIII

2008 Bar · Taxation · 1 sub-question

XIII. MNO Corporation was organized on July 1, 2006, to engage in trading of school supplies, with principal place of business in Cubao, Quezon City. Its book of account and income statement showing gross sales as follows: July 1, 2006 to December 31, 2006 P 5,0000,000. January 1, 2007 to June 30, 2007 P 10,000,000. July 1, 2007 to December 31, 2007 P 15,000,000. Since MNO Corporation adopted fiscal year ending June 30 as its taxable year for income tax purpose, it paid its 2% business tax for fiscal year ending June 30, 2007 based on gross dales of P15 million. However, the Quezon City Treasurer assessed the corporation for deficiency business tax for 2007 based on gross sales of P25 million alleging that local business taxes shall be computed based on calendar year. Is the position of the city treasurer tenable? Explain. (3%) May the deficiency business tax be paid in installments without surcharge and interest? Explain. (3%)

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