Flowchart of Tax Remedies
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Transcript of Flowchart of Tax Remedies
Taxpayer’s Submission of Tax Returns
BIR issues Letter of Authority
If there is discrepancy, BIR sends Notice of Informal
Conference
If there is no discrepancy, action will NOT be
pursued.
Taxpayer has 15 days to respond from receipt of
notice
If the taxpayer’s response is acceptable, the action
will NOT be pursued.
If the taxpayer’s response is not acceptable or there is no response, it shall be endorsed to Assessment
Division
If the taxpayer’s response is not acceptable or there is no response, BIR shall issue Final Assessment Notice (FAN) & Letter of Demand
Taxpayer has 15 days to respond from receipt of
PAN
BIR issues preliminary assessment notice (PAN)
If the taxpayer’s response is acceptable, the case is
dismissed.
If the taxpayer’s response is acceptable, the case is
dismissed
Taxpayer failed to timely protest, the assessment becomes final, executory
and demandable.
Taxpayer protested within 30 days from receipt of
FAN.
Taxpayer has 30 days to protest from receipt of FAN (request for reconsideration
or reinvestigation)
Taxpayer has 60 days from protest within which to
submit supporting documents
BIR Commissioner has 180 days from receipt of
supporting documents within which to act on the
protest
Taxpayer has 30 days from receipt of BIR’s denial within which to appeal before the CTA Division
BIR Commissioner did not act on the protest/unacted claim/lapse of 180 day period
Taxpayer has 30 days from receipt of BIR’s denial within which to appeal before the CTA Division
Taxpayermay file Petition for Review before the CTA
Division
Petition dismissed. Petition granted. Assessment null and void.
Taxpayer may file M/R within 15 days from receipt of decision
Motion denied. Motion granted. Assessment null and void.
Taxpayer may file Petition for Review before the CTA
En Banc
Petition dismissed. Petition granted. Assessment null and void.
Taxpayer may file M/R within 15 days from receipt of decision
Motion denied. Motion granted. Assessment null and void.
Taxpayer may file Petition for Review before the SC