Juan inquired from the BIR whether or not he will be covered with the new tax law. The BIR issued an administrative ruling that his activities are not covered by the new tax law. As a result, Juan did not pay his tax for several years based on the said BIR ruling. Currently, the BIR Commissioner found out that the previous ruling was erroneous and reversed the same with a new BIR ruling. The BIR then issued tax assessment against Juan for purposes of collecting back taxes.Is the tax assessment against Juan correct? A. Yes, because the previous BIR ruling was corrected and the activities of Juan should have been taxable. B. Yes, because the ruling of the BIR Commissioner must be final. C. No, Juan should be exempted from paying taxes under the old and new law. D. No, because reversal of BIR ruling shall not be retroactive in application especially if the ruling is prejudicial to the taxpayer
Juan inquired from the BIR whether or not he will be covered with the new tax law. The BIR issued an administrative ruling that his activities are not covered by the new tax law. As a result, Juan did not pay his tax for several years based on the said BIR ruling. Currently, the BIR Commissioner found out that the previous ruling was erroneous and reversed the same with a new BIR ruling. The BIR then issued tax assessment against Juan for purposes of collecting back taxes.Is the tax assessment against Juan correct?
A. Yes, because the previous BIR ruling was corrected and the activities of Juan should have been taxable.
B. Yes, because the ruling of the BIR Commissioner must be final.
C. No, Juan should be exempted from paying taxes under the old and new law.
D. No, because reversal of BIR ruling shall not be retroactive in application especially if the ruling is prejudicial to the taxpayer
Step by step
Solved in 2 steps
