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Question IX

2012 Bar · Taxation · 2 sub-questions

Will you recommend to the corporation such a course of action and justify that the amended return is the latest official act of the corporation as to how it may treat such overpayment of tax or should you consider the option granted to taxpayers as irrevocable, once previously exercised by it? Explain your answer.
(a)Will you recommend to the corporation such a course of action and justify that the amended return is the latest official act of the corporation as to how it may treat such overpayment of tax or should you consider the option granted to taxpayers as irrevocable, once previously exercised by it? Explain your answer.
(b)Should the petition for review filed with the CTA on the basisof the amended tax return be denied by the BIR and the CTA, could the corporationstill carry over such excess payment of income tax in the succeeding years, considering that there is no precriptive period provided for in the income tax law with respect to carry over of excess income tax payments? Explain your answer.

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