Remedies Flashcards
is a written notice to the taxpayer containing a demand for payment of the amount stated therein as the tax due and a definite period within which to pay the same.
assessment
what are the procedure for assessment?
- issuance of a Letter of Authority (LOA)
- issuance of a Notice of Discrepancy (ND)
- issuance of a Preliminary Assessment Notice (PAN)
- appeal to the Court of Tax Appeal (CTA)
2 remedies for collection of delinquent taxes
judicial action & administrative action
is for the collection of taxes may be pursued with or without the pursuit of distraint and levy
civil and criminal actions
is the personal property of the taxpayer
distraint
the personal property of the taxpayer is physically taken by the distraining officer, within 10 days from receipt of the warrant
actual distraint
a copy of the warrant of distraint shall be served upon the taxpayer and upon the president, manager, treasurer, or other responsible officer of the corporation which issues the stock certificates
stocks and other securities
a copy of the warrant is left with the person owing the debts or having in his possession or under his control of such credits, or his agent
debts and credits
shall be garnished by serving a warrant of garnishment upon the taxpayer and upon the president, manager, treasurer, or other responsible person of the bank
bank accounts
if the delinquent taxpayer is retiring from any business subject to tax or is intending to: leave the Philippines or remove his property or hide or conceal or perform any act to obstruct the proceedings for collecting the tax due or which may be due to him
constructive distraint
is the real property of the taxpayer
levy
at any time before the day fixed for the same, the taxpayer may discontinue all proceedings by paying the taxes, penalties and interest
right of preemption
is the equal to the amount of public taxes, penalties, and interest thereon from the date of delinquency to the date of sale
redemption price
is a claim or charge on the property, either real or personal, established by law as a security in default of the payment of taxes
tax lien