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Cubao-Fairview-Taytay
FIRST SEMESTER SY 2015-2016
MID-TERM DEPARTMENTAL EXAMINATIONS 2 HRS
TAXATION 1 INCOME TAXATION
INSTRUCTIONS: Select the correct answer for each of the following questions. Mark only one
answer for each item by shading the corresponding letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use Pencil No. 2 only.
2. Statement I. When the Bureau of Internal Revenue decided a protested assessment with finality,
the period to appeal to the Court of Tax Appeals is counted from the date of the decision.
Statement II. The decision of the BIR Commissioner on a protested assessment should state that
it is a final decision in order that it may be appealable to the Court of Tax Appeals.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
3. Date of death-March 2, 2007. Date the estate tax was filed-April 10, 2007. Last day of the BIR to
make an assessment for a deficiency estate tax.
A. March 2, 2010
B. April 2, 2010
C. April 10, 2010
D. September 2, 2010
4. Date the national internal revenue tax was paid-April 10, 2008. Claim for refund was filed with the
BIR-March 10, 2009. Date decision of denial of refund was received-March 21, 2010. Last day to
appeal to the Court of Tax Appeals:
A. April 20, 2010
B. April 10, 2010
C. April 21, 2010
D. Answer not given
5. Date assessment was received-February 8, 2010. Petition for reconsideration was filed with the
BIR on February 18, 2010. Documents supporting the petition were filed with the BIR on
February 28, 2010. Decision of denial of the petition was received on March 11, 2010. Second
request for reconsideration was filed with the BIR on March 21, 2010. Date revised assessment
was received was April 2, 2010. Last day to appeal to the Court of Tax Appeals:
A. April 22, 2010
B. May 2, 2010
C. May 3, 2010
D. Answer not given
6. Statement I. The power to interpret provisions of the National Internal Revenue Code and other
tax laws shall be under the exclusive and original jurisdiction of the Commissioner of Internal
Revenue, subject to review by the Secretary of Finance.
Statement II. The power to decide disputed assessment and refunds of internal revenue taxes is
vested in the Commissioner of Internal Revenue, subject to the exclusive appellate jurisdiction of
the Court of Tax Appeals.
TAXATION 1 INCOME TAX
7. Statement I. When a tax period is terminated, any unpaid tax is due immediately.
Statement II. The Commissioner of Internal Revenue has authority to terminate the tax period of
a taxpayer who is retiring from a business subject to tax, or is intending to leave the Philippines
or to remove his property or to hide or conceal his property or to perform an act tending to
obstruct the collection of taxes.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
8. Which of the following powers of the Commissioner of Internal Revenue MAY be delegated?
A. To recommend the promulgation of rules and regulations by the Secretary of Finance
B. To issue rulings of first impression or to reverse, revoke, or modify any existing ruling of the
Bureau of Internal Revenue
C. To compromise or abate a by tax liability
D. To assign or reassign internal revenue officers to establishments where articles subject to
excise taxes are produced or kept
9. Statement I. The Commissioner of Internal Revenue may terminate the tax period of a taxpayer,
and collect taxes due at such termination, should the taxpayer do an act that will make the
proceedings for the collection of the tax totally or partially ineffective.
Statement II. The Commissioner of Internal Revenue may accredit and register tax agents who
prepare and file returns, reports, protests, etc. with, or who appear before, the Bureau of Internal
Revenue
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
10. Statement I. All taxes imposed and collected by the Bureau of Internal Revenue are internal
revenue taxes.
Statement II. The real estate tax is a local tax.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
11. In case of conflict between tax laws and generally accepted accounting principles (GAAP)
A. Both tax laws and GAAP shall be enforced.
B. GAAP shall prevail over tax laws.
C. Tax laws shall prevail over GAAP.
D. The issue shall be resolved by the courts.
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TAXATION 1 INCOME TAX
13. A tax must be imposed for a public purpose. Which of the following is NOT a public purpose?
A. National defense
B. Public education
C. Improvement of the sugar industry
D. None of the above
15. Statement I. A tax that is allowed by law to be passed on by a taxpayer to another is called an
indirect tax.
Statement II. Business taxes which are not allowed by law to be passed on by sellers of goods
and services to buyers are nonetheless imperceptibly passed on because they are factored in on
the selling price.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
16. Statement I. Tax evasion, which is the use of means to escape a tax that is already a liability, is
prohibited by law, and is punishable.
Statement II. Tax avoidance which is the use of means to prevent an accrual of a tax, or to
minimize a tax that may accrue, is likewise prohibited by law and is punishable.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
18. The City of Manila, claiming that it can impose taxes under the Local Government Code, imposed
a tax on banks (in addition to the percentage tax on banks imposed in the National Internal
Revenue Code). The banks within the City of Manila objected for the various reasons given
below. Which would justify the objection of the banks?
A. The rule on double taxation
B. The power of taxation cannot be delegated.
C. Uniformity in taxation
D. None of the above
19. That the legislative body can impose a tax at any amount underscores the legal truism that:
A. Taxation is an inherent power of the state.
B. Taxation is a very broad power of the state.
C. Taxation is essentially a legislative power.
D. All of the above.
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47. Statement I. The minimum corporate income tax of a trading or manufacturing concern is based
on gross profit from sales.
Statement II. The minimum corporate income tax of a service concern is based on net revenues
or receipts less direct cost of services.
A. Both statements are correct.
B. Statement I is correct; Statement II is false.
C. Statement I is false; Statement II is true.
D. Both statements are false.
48. All, except one, may claim personal exemptions. Which is the exception?
A. Citizen
B. Resident alien
C. Non-resident alien engaged in business
D. Non-resident alien not engaged in business
50. All, except one, of the following, are not subject to the improperly accumulated earnings tax.
Which is the exception?
A. Publicly-held corporations
B. Service enterprises
C. Insurance companies
D. Financial intermediaries
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