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Preliminary Examination
AC436 – Business Law & Taxation
2nd Semester – A.Y. 2022-2023
Clark Joed C. Otucan, CPA, MBA, CTT
2. Who has the authority to veto the taxation bills passed by the Congress?
a. Supreme Court
b. President
c. Either A or B
d. Neither A nor B
6. Which of the following government agencies may exercise the law-making power of taxation?
a. Local government units
b. Bureau of Internal Revenue
c. Bureau of Customs
d. All of the above
7. Which of the following is a characteristic of tax?
a. The amount to be collected is limited to the cost of regulation
b. It is considered a demand of ownership or proprietorship
c. Its efficient cause or juridical tie is a contract
d. It is not subject to legal compensation
8. In case of doubt of statute imposing a tax, how shall the ambiguity be resolved by the court of
law?
a. It shall be construed strictly against the taxpayers and liberally in favor of the
government
b. It shall be construed in accordance with its letter rather than its spirit
c. It shall be construed strictly against the government and liberally in favor of the
taxpayers
d. It shall be construed in accordance with its wordings rather than the intention of the
lawmakers
9. Which is incorrect?
a. Collection of taxes is an administrative act.
b. There can be no tax if there is no law providing for the said tax.
c. No person can be imprisoned for non-payment of a capitation tax.
d. A tax is a form of administrative revenue.
13. In case of conflict between the tax code and generally accepted accounting principles (GAAP):
a. Both tax codes and GAAP shall be enforced
b. GAAP shall prevail over tax code
c. Tax code shall prevail over GAAP
d. The issue shall be resolved by the courts
14. Which of the following statements is not correct?
a. Taxes may be imposed to raise revenues or to regulate certain activities within the state
b. The state can have the power of taxation even if the Constitution does not expressly
give it the power to tax
c. For the exercise of the power of taxation, the state can tax anything at any time
d. The provisions of taxation in the Philippines Constitution are grants of power not
limitations on taxing powers
15. The following are the similarities of the inherent power of taxation, eminent domain and police
power except:
a. They are necessary attributes of sovereignty.
b. They affect all persons or the public
c. They interfere with private rights and property
d. They are legislative in implementation.
16. In which inherent power of the state will the affected citizen receive a direct benefit?
a. Power of eminent domain
b. Police power
c. Power of taxation
d. None of the above
17. The distinction of a tax from permit or license is that a tax is:
a. Imposed for regulation.
b. One which involves an exercise of police power.
c. One in which there is generally no limit on the amount that may be imposed.
d. Imposed through the provisions of the Constitution.
18. Which of the following is not expressly provided for by the Philippine Constitution?
a. Due process of law.
b. Equal protection of laws.
c. Progressive system of taxation.
d. Prohibition against double taxation.
21. Tax of a fixed proportion of the value of the property with respect to which the tax is assessed
and requires the intervention of assessors or appraisers to estimate the value of such property
before the amount due from each taxpayer can be determined is known as:
a. Specific
b. Ad Valorem
c. Special or Regulatory
d. Fiscal
22. Which of the following is not a basic principle of a sound taxation system?
a. It should be capable of being effectively enforced.
b. It must be a progressive tax.
c. It must be sufficient to meet government expenditures and other public needs.
d. It should be exercised to promote public welfare.
23. The amount required is dictated by the needs of the government in:
a. License fee
b. Tax
c. Toll
d. Interest
27. In cases of deductions and exemptions on income tax returns, doubts shall be resolved
a. strictly against the taxpayer
b. strictly against the government
c. liberally in favor of the taxpayer
d. liberally against the government
28. Income which is constructively received is already taxable income is a rule under this method
of accounting:
a. Cash method.
b. Accrual method.
c. Installment method.
d. Deferred payment method.
31. Mr. A, government employee, has retired from service. Which of the following amounts is
taxable to him?
a. P730,000 - money value of the accumulated leave credits
b. P210,000 - lump-sum retirement pay from GSIS
c. P150,000 - return of insurance premium payments from a private insurance company
d. P34,000 - salary for his last month of service
33. The following individuals are not required to file income tax return, except
a. An individual whose income tax has been correctly withheld by his employer,
provided, that such individual has only one employer for the taxable year – the
Certificate of Withholding filed by the respective employers, duly stamped “Received”
by the Bureau of Internal Revenue shall be tantamount to the substituted filing of
income tax returns by said employees
b. An individual whose sole income has been subjected to final withholding tax
c. A minimum wage earner
d. An individual earning purely compensation income from two employers whose total
compensation income does not exceed the amount of P250,000
36. Which is true with regard to the taxation of non-resident aliens not engaged in trade or
business?
a. They are subject to the final tax of 30% based on gross income
b. They are subject to the final tax of 30% based on taxable income
c. They are subject to the final tax of 25% based on gross income
d. They are subject to the final tax of 25% based on taxable income
37. Namjoon is a non-resident alien. He stayed in the Philippines for a period of 70 days from
March to May, went abroad, and returned to the Philippines for a period of 120 days from
August to December. For tax purposes, is Namjoon considered as a non-resident alien engaged
in trade or business in the Philippines?
a. Yes, considering that his longest stay in the Philippines was for a continuous period of
120 days
b. Yes, considering that he stayed in the Philippines for an aggregate period of 190 days
c. No, considering that his longest stay in the Philippines was only for a continuous period
of 120 days
d. No, considering that he stayed in the Philippines only for an aggregate period of 190
days
39. Who among the following individual taxpayers is qualified under substituted filing, assuming
they are all resident citizens?
a. Lisa, who is employed as an accounting teacher in two (2) universities in Cavite
b. Jennie, who sells cupcakes in her free time
c. Rose, who is employed as a chef in a five-star restaurant, but at the same time, won the
lottery in the current taxable year amounting to P200,000,000
d. Jisoo, who receives professional fees as a singer
41. Which stage of taxation will the legislative department be involved with?
a. Levy
b. Assessment
c. Collection
d. Imprisonment
42. The income tax rates for individuals can be characterized as:
a. Proportional
b. Progressive
c. Regressive
d. Reportional
43. Subject to inherent and constitutional limitations, the following are the general characteristics
of power of taxation, except:
a. Supreme
b. Plenary
c. Limited
d. Comprehensive
45. All of the following statements are true regarding the legislative branch of the government,
except:
a. It has the authority to determine the persons liable to pay taxes, the subjects of taxation,
and the rate of taxes to be imposed
b. It levies taxes
c. It is headed by the Senate President and the Speaker of the House
d. It is the branch of the government in charge with the collection of taxes
51. Which of the following income is no longer required to be reported in the income tax return?
a. Income already subjected to final withholding tax
b. Income already subjected to creditable withholding tax
c. Illegal income
d. Income outside Philippine territory
52. Generally, which of the following types of income is subject to final withholding tax?
a. Compensation income
b. Business income
c. Passive income
d. Construction income
53. Based on the schedular or graduated income tax rate for individuals, how much annual income
is exempt from income tax?
a. P50,000
b. P150,000
c. P250,000
d. P500,000
e. P0
55. A non-resident alien engaged in trade or business is one whose stay in the Philippines is
a. At least 180 days
b. More than 180 days
c. At least 183 days
d. More than 183 days
56. On June 2, 2018 Global Bank received a final notice of assessment from the BIR for deficiency
documentary stamp tax in the amount of P5million. On June 30, 2018, Global Bank filed a
request for reconsideration with the Commissioner of Internal Revenue. The Commissioner
denied the request for reconsideration only on March 30, 2022, at the same time serving on
Global Bank a warrant of distraint to collect the deficiency tax. What are the remedies of
Global Bank?
a. Appeal to the Court of Tax of Appeals within 30 days from receipt of the denial.
b. File for injunctive relief to restrain the distraint.
c. Enter into a compromise agreement with the Commissioner of Internal Revenue.
d. All of the above.
57. Gerry was being prosecuted by the BIR for failure to pay his income tax liability for Calendar
Year 2018 despite several demands by the BIR in 2021. The information was filed with the
Regional Trial Court only last January 2022. What are the remedies of Gerry?
a. Gerry should file a motion to quash the Information on the ground of prescription.
b. Gerry should answer the Information.
c. Gerry should file a protest with the Commissioner of BIR.
d. Gerry should appeal to the CTA.
60. Taxation as distinguished from police power and power of eminent domain.
a. Property is taken to promote the general welfare.
b. Maybe exercised only by the government.
c. Operates upon the whole citizenry.
d. There is generally no limit as to the amount that may be imposed.
63. A tax must be imposed for public purpose. Which of the following is not a public purpose?
a. National defense
b. Public education
c. Improvement of the sugar and coconut industries.
d. Improvement of a subdivision road.
65. Special assessment is an enforced proportional contribution from owners of land especially
benefited by public improvement. Which one of the following is not considered as one of its
characteristics?
a. It is levied on land.
b. It is based on the government’s need of money to support its legitimate objectives.
c. It is not a personal liability of the persons assessed.
d. It is based solely on the benefit derived by the owners of the land.
66. It is the privilege of not being imposed a financial obligation to which others are subject.
a. Tax incentive
b. Tax exemption
c. Tax amnesty
d. Tax credit
75. Which of the following is not a scheme of shifting the incidence of taxation?
a. The manufacturer transfers the tax to the consumer by adding the tax to the selling price
of the goods sold.
b. The purchaser asks for a discount or refuse to buy at regular prices unless it is reduced
by the amount equal to the tax he will pay.
c. Changing the terms of the sale like FOB shipping point in the Philippines to FOB
destination abroad, so that the title passes abroad instead of in the Philippines.
d. The manufacturer transfers the sales tax to the distributor, then in turn to the wholesaler,
in turn to the retailer and finally to the consumer.
79. The following are the grounds to cancel a tax liability by the Commissioner, except:
a. The tax is unjustly or excessively assessed.
b. The administration and collection costs involved do not justify the collection of the
amount.
c. A reasonable doubt as to the validity of the claim against the taxpayer.
d. Illegal collection of tax.
80. The power to decide disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties imposed in relation thereto, or other matters arising under the Tax Code or
other laws administered by the BIR is vested with
a. The Commissioner of the BIR
b. The Secretary of Finance
c. The Court of Tax Appeals
d. The Regular Courts
81. Statement 1: A person may refuse to pay a tax on the ground that he receives no personal
benefit from it.
Statement 2: A taxpayer has a right to question illegal expenditures of public funds.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
83. Statement 1: A License Fee is a charge imposed under the police power of the state.
Statement 2: Penalty is imposed by the state only.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
85. Statement 1: A state has the power to tax even if not granted by the Constitution.
Statement 2: A state cannot exercise police power if not granted by the Constitution.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
86. Statement 1: There can only be a tax if there is a law imposing the tax.
Statement 2: The power to tax is inherent.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
89. Statement 1: The RDO is known as the alter ego of the BIR Commissioner.
Statement 2: The BIR Commissioner is directly under the President’s Office.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
90. Statement 1: Provisions in the Philippine Constitution on Taxation are grants of power.
Statement 2: Due process of law in taxation in the Constitution is a grant of power.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
94. Statement 1: Taxation and power of Eminent Domain may be exercised simultaneously.
Statement 2: Taxation and Police Power may be exercised simultaneously.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
98. Statement 1: Territoriality is one of the constitutional limitations on the power of taxation.
Statement 2: International comity is an inherent limitation in taxation.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
99. Statement 1: Taxes may be used for sectarian purposes if allowed by an ordinance.
Statement 2: The President can refuse to implement a tax law if it appears to be
unconstitutional.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
100. Statement 1: Tax avoidance is the use by the taxpayer of legal or fraudulent means to avoid
or defeat taxes.
Statement 2: Tax evasion is the use by the taxpayer of illegal or fraudulent means to avoid or
defeat taxes.
a. if only the first statement is correct.
b. if only the second statement is correct.
c. if both statements are correct.
d. if both statements are incorrect.
Practical: Multiple Choice Questions (2.5 points each)
Select the letter that best corresponds to your answer for each of the following questions below.
101. For taxable year 2018, a husband and wife with five (5) qualified dependent children shall
be entitled to a maximum basic personal and additional exemptions of:
a. P50,000
b. P100,000
c. P150,000
d. P200,000
e. P0
102. Brooke is a registered real estate broker. Her total receipts amounted to P3,050,000 for
taxable year 2018. Her recorded cost of service and operating expenses were P450,000 and
P1,200,000, respectively. Her income tax liability will be:
a. P717,500
b. P365,000
c. P252,500
d. P190,000
e. P0
103. Fe Bisic is a compensation income earner. Her total basic pay during the year is P220,000
which is more than the statutory minimum wage. Other income during the year were: Overtime
pay, P30,000; Holiday pay, P15,000; Hazard pay, P24,000; and Night-shift differential pay,
P18,000. If the amounts are net of mandatory contributions to SSS, Philhealth and Pag-ibig,
how much is the taxable income?
a. P307,000
b. P265,000
c. P220,000
d. P289,000
e. P283,000
104. Christopher P, married to Julie A, had an income of P400,000 in 2018. If the spouses have
seven (7) dependent children, the income subject to income tax is:
a. P400,000
b. P150,000
c. P350,000
d. P200,000
e. P0
105. Kylene, of Autralian parentage, went to the Philippines to conduct a series of lecture for
four (4) weeks entitled: “How to be a Notorious Accountant?” You were provided with the
following information relative to the lecture series led by Kylene in the Philippines:
Professional fees for conducting a lecture series (P80,000 per week) P320,000
Income from Sale of Books (How to be a Notorious Accountant?) 140,000
Travel Expenses Incurred, with receipts 120,000
Food and Accommodation Expenses Incurred, with receipts 100,000
106. In relation to item no. 105, how much is the income tax due of Kylene in the Philippines?
a. P25,000
b. P55,000
c. P110,000
d. P115,000
e. P34,500
107. A taxpayer received the following items of income during the taxable year 2023:
Interest income from BPI – Espana Branch from checking account P62,000
Interest income from BDO – Intramuros Branch from savings deposit 38,500
Interest income from PNB – Quiapo Branch from foreign currency
deposit account under the expanded currency deposit system 42,000
Interest income from dollar deposit on Bank of New Jersey in the United States 130,000
Interest income from promissory note of Mr. X, Philippines 58,400
Interest income from promissory note of Mr. X, United States 62,000
Yield from deposit substitute, Philippines 87,000
Interest from Philippine government securities 21,000
Interest income from long-term deposits, Philippines 57,000
Interest income from long-term deposits, Egypt 62,500
Royalties from books, Philippines 16,000
Royalties from paintings, Philippines 60,000
Royalties from musical compositions, Japan 50,000
If the taxpayer is a resident citizen, how much is the final withholding tax?
a. P57,400
b. P61,600
c. P63,200
d. P66,600
e. P0
108. In relation to no. 107, if the taxpayer is a resident citizen, how much income is subject to
regular income tax?
a. P300,400
b. P312,900
c. P304,500
d. P362,900
e. P0
109. In relation to no. 107, if the taxpayer is a resident citizen, how much is the income tax due?
a. P7,560
b. P9,435
c. P8,175
d. P16,935
e. P0
110. In relation to no. 107, if the taxpayer is a non-resident citizen, how much is the final
withholding tax?
a. P37,900
b. P51,100
c. P55,300
d. P61,600
e. P0
111. In relation to no. 107, if the taxpayer is a non-resident citizen, how much income is subject
to regular income tax?
a. P58,400
b. P100,400
c. P108,400
d. P120,400
e. P0
112. In relation to no. 107, if the taxpayer is a non-resident citizen, how much is the income tax
due?
a. P8,760
b. P15,060
c. P16,260
d. P18,060
e. P0
113. In relation to no. 107, if the taxpayer is a non-resident alien engaged in trade or business in
the Philippines, how much is the income tax due?
a. P8,760
b. P15,060
c. P16,260
d. P18,060
e. P0
114. In relation to no. 107, if the taxpayer is a non-resident alien not engaged in trade or business
in the Philippines, how much income is subject to Philippine income tax?
a. P58,400
b. P100,400
c. P108,400
d. P120,400
e. P0
115. In relation to no. 107, if the taxpayer is a non-resident alien engaged in trade or business in
the Philippines, how much is the income tax due?
a. P8,760
b. 15,060
c. P14,600
d. P25,100
e. P0
116. Ka Wani, married with two (2) dependent children, works for PACTT, Inc. He is not
engaged in business nor has any other source of income other than his employment. For 2018,
Ka Wani earned a total taxable compensation income of P600,000. The income tax due on Ka
Wani is
a. P80,000
b. P20,000
c. P55,000
d. P48,000
e. P0
117. Ling owns a small sari-sari store and a beauty parlor. In 2018, her gross sales in the store
amounted to P680,000, in addition to her receipts from the parlor of P500,000, while her total
cost of sales/services and operating expenses amounted to P300,000 and P200,000,
respectively. The income tax due if she signified her intention to be taxed at the 8% income
tax rate is
a. P74,400
b. P94,400
c. P54,400
d. P34,400
e. P0
118. Ling owns a small sari-sari store and a beauty parlor. In 2018, her gross sales in the store
amounted to P680,000, in addition to her receipts from the parlor of P500,000, while her total
cost of sales/services and operating expenses amounted to P300,000 and P200,000,
respectively. The income tax due if she failed to signify her intention to be taxed at the 8%
income tax rate is
a. P0
b. P37,500
c. P54,400
d. P74,400
e. P100,000
119. Mr. A is an accountant who is engaged in public practice. His total gross receipts in 2018
amounted to P2,250,000. His recorded cost of service and operating expenses were P450,000
and P100,000, respectively. How much is the income tax due if Mr. A avails the use of the
graduated tax rates?
a. P0
b. P570,000
c. P160,000
d. P400,000
e. P0
120. Mr. A is an accountant who is engaged in public practice. His total gross receipts in 2018
amounted to P2,250,000. His recorded cost of service and operating expenses were P450,000
and P100,000, respectively. How much is the income tax due if Mr. A avails the use of the 8%
income tax option?
a. P144,000
b. P180,000
c. P160,000
d. P400,000
e. P0
121. Mr. Z, single with one dependent child, operates a car aircon repair shop. For the year 2018,
it had gross receipts of P1,630,000. The cost of services and operating expenses amounted to
P400,000 and P200,000, respectively. If the business is non-VAT and Mr. Z decides to avail
of the use of the graduated rates, the income tax is
a. P100,000
b. P130,400
c. P199,000
d. P125,000
e. P0
122. Mr. Z, single with one dependent child, operates a car aircon repair shop. For the year 2018,
it had gross receipts of P1,630,000. The cost of services and operating expenses amounted to
P400,000 and P200,000, respectively. If Mr. Z avails of the 8% tax option, the total tax due is
a. P110,400
b. P159,300
c. P247,900
d. P130,400
e. P0
123. A’s income tax liability for 2020 was P75,000. She filed the return and paid the total
amount due on July 15, 2021 but not with the proper internal revenue district office. The
amount payable by A is
a. P96,000
b. P114,750
c. P116,250
d. P112,500
e. P75,000
124. Mr. A with a dependent minor legitimate child became a widower in January of 2009. In
February of the following year, he got married to Ms. B and subsequently in November of the
same year, the latter gave birth to three (3) boys. For calendar year 2010, Mr. A’s basic and
additional personal exemption is:
a. P0
b. P75,000
c. P100,000
d. P125,000
e. P150,000
125. Z, married, had the following data for the taxable year 2017:
126. In relation to no. 125, if the taxpayer is a non-resident citizen, married, his taxable
income is
a. P300,000
b. P159,000
c. P150,000
d. P200,000
e. P0
127. In relation to no. 125, if the taxpayer is a resident alien, married his taxable income is
a. P300,000
b. P159,000
c. P150,000
d. P200,000
e. P0
128. In relation to no. 125, if the taxpayer is a non-resident alien engaged in business in the Phil.
married and his country allows a reciprocity P30, 000 as personal exemption for married
individuals, his taxable income is?
a. P370,000
b. P170,000
c. P200,000
d. P400,000
e. P150,000
129. In relation to no. 125, if the taxpayer is non-resident alien not engaged in business in the
Phil. married and his country grants P35, 000 as personal exemption for married individuals,
his taxable income is
a. P370,000
b. P170,000
c. P200,000
d. P400,000
e. P150,000
130. A and B are partners in a Partnership which realized a gross income of P800, 000 with a
corresponding P350, 000 expenses in the year 2007. A is married with 2 qualified dependent
children, he earned P400,000 in his own business, incurring P230,000 allowable expenses
while B, single had P450,000 and P250,000 gross income and expenses respectively. They
share profits and losses at 4:6. If the partnership is a GPP, the taxable income of A subject to
the graduated income tax is
a. P276,000
b. P180,000
c. P250,000
d. P320,000
e. P0
131. In relation to no. 130, the taxable income of B subject to the graduated tax rate is
a. P435,000
b. P270,000
c. P420,000
d. P470,000
e. P0
132. Santi retired from employment with the government on November 30, 2018. As a
consequence of his retirement, he received the following:
133. A minimum wage earner had the following data during the year: Annual Salary – P53,000;
Overtime pay – P5,000; and Holiday pay – P4,000. The amount subject to tax is
a. None
b. P53,000
c. P58,000
d. P62,000
e. P9,000
134. Carissa, resident citizen, single, 45 years of age, is an employee of GMA Inc. from which
she received the following employment income:
The amount she received from GMA is inclusive of 13th Month Pay and other benefits of
₱165,000.
Carissa, aside from her employment, is also registered with the BIR as engaged in real estate
leasing and management consultancy.
She has the following financial information in the current taxable year:
135. In relation to no. 134, what is the correct amount of Taxable Compensation Income to be
placed on Line 6 in Schedule 2 (Part V) in page 2 of BIR Form No. 1701?
a. ₱790,000
b. ₱754,000
c. ₱760,000
d. None of the above.
136. In relation to no. 134, what is the correct amount of Net Sales/Revenues/Receipts/Fees to
be placed on Line 10 in Schedule 3.A (Part V) in page 2 of BIR Form No. 1701?
a. ₱ 600,000
b. ₱ 850,000
c. ₱1,354,000
d. None of the above.
137. In relation to no. 134, what is the correct amount of Total Allowable Itemized Deductions
of to be placed on Line 16 in Schedule 3.A (Part V) in page 2 of BIR Form No. 1701?
a. ₱410,000
b. ₱360,000
c. ₱350,000
d. None of the above.
138. In relation to no. 134, what is the correct amount of Optional Standard Deduction to be
placed on Line 17 in Schedule 3.A (Part V) in page 2 of BIR Form No. 1701?
a. ₱240,000
b. ₱250,000
c. ₱580,000
d. None of the above.
139. In relation to no. 134, what is the correct amount of Total Other Non-Operating Income to
be placed on Line 22 in Schedule 3.A (Part V) in page 2 of BIR Form No. 1701?
a. ₱340,000
b. ₱295,000
c. ₱365,000
d. None of the above.
140. Calculate her tax payable in the Annual ITR.
a. ₱252,700
b. ₱285,700
c. ₱315,700
d. ₱0