Scribd
Upload
154 views

ACCTAX3 Syllabus

This syllabus outlines an upper-level taxation course that will cover strategic tax planning issues in the Philippines. The course is divided into four parts that will address (1) tax remedies available to taxpayers and the government, (2) transfer taxes such as estate and donor's taxes, (3) documentary stamp taxes, and (4) taxation provisions under the Local Government Code. Students will learn about tax assessments, audits, protests, and appeals. They will also study estate, donor's, and documentary stamp taxes in-depth, including calculations, exemptions, and deductions. Finally, the course will examine the taxing powers and practices of local government units.

Uploaded by

Ei Ar Taradji
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
154 views

ACCTAX3 Syllabus

This syllabus outlines an upper-level taxation course that will cover strategic tax planning issues in the Philippines. The course is divided into four parts that will address (1) tax remedies available to taxpayers and the government, (2) transfer taxes such as estate and donor's taxes, (3) documentary stamp taxes, and (4) taxation provisions under the Local Government Code. Students will learn about tax assessments, audits, protests, and appeals. They will also study estate, donor's, and documentary stamp taxes in-depth, including calculations, exemptions, and deductions. Finally, the course will examine the taxing powers and practices of local government units.

Uploaded by

Ei Ar Taradji
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

ATENEO DE ZAMBOANGA UNIVERSITY

SCHOOL OF MANAGEMENT AND ACCOUNTANCY

SYLLABUS
ACCTAX 3 – Strategic Tax Management
2nd Semester, A.Y. 2022-2023

Ar-Rashid J. Taradji, CPA, JD


[email protected]

COURSE OBJECTIVE:
This course is primarily designed to provide the students with a fundamental understanding of provisions
of the National Internal Revenue Code of the Philippines, specifically on transfer taxes, documentary stamp
tax, administrative and judicial remedies of the government and taxpayers, as well as taxation provisions
under the Local Government Code.

COURSE MATERIALS:
National Internal Revenue Code as amended by R.A. No. 10963 “Train Law” and R.A. 11534 “Create Act”
Taxation Provisions under the Local Government Code (R.A. No. 7160)
No required textbook. Some suggested books:
• Tabag, Enrico D., CPA, MBA, Transfer and Business Taxation (2022)
• Tabag, Enrico D., CPA, MBA, CPA Reviewer in Taxation (2022)
• Ingles, Michael Ignatius D., Tax Made Less Taxing (2018) and TRAIN Supplement
• Baniqued, Carlos G., Rights and Remedies of the Government and Taxpayers Under the NIRC
(2021)

CLASS RULES:
Student Responsibility: Each student is responsible for the assigned readings/topics, whether or not actually
taken up in class.

Attendance Premium: Perfect attendance is equivalent to one (1) recitation or quiz grade of 100%. For the
purpose only of the attendance premium, you are either present or absent (medical certificates will not be
accepted to strike out the absence for the attendance premium).

Occasional Graded Recitations and/or Quizzes: Quizzes will be given every after discussion of a major
topic. There may be graded recitations every meeting.

Conduct of Classes:
• Mainly lecture format
• Conducted via Zoom or Google Meet (meeting link will be given to the class beadle prior to the
conduct of classes)
• Video turned on
• Audio muted, unless called upon to speak

Grading System: [subject to School Policy]


Midterm Grade:
50% Class Standing (Quizzes, Recitations and Class Participation)
50% Midterm Exam
Second-Half Grade:
50% Class Standing (Quizzes, Recitations and Class Participation)
50% Final Exam
Final Grade:
50% Midterm Grade
50% Second-Half Grade

[1]
PART I. TAX REMEDIES
Week 1-3
A. Rights and remedies of the Government under the National Internal Revenue Code
a. Examination and Audit of Returns
i. Letter of Authority
ii. Conduct of Tax Audit and Investigation
b. Issuance of Assessment
i. Presumption of Correctness of Assessment
ii. Due Process Requirements in Issuance of Assessment
1. Issuance of Notice of Discrepancy
2. Issuance of Preliminary Assessment Notice; Exceptions
3. Issuance of Final Assessment Notice with Formal Letter of Demand
c. Collection of Unpaid Taxes (Collection Enforcement)
i. Remedies for Collection of Delinquent Taxes
1. Distraint, Garnishment, Levy and Seizure
2. Civil Action
3. Criminal Action
ii. Anti-Injunction Rule
iii. Compromise and Abatement
d. Additions to the Deficiency Tax: Surcharge, Interest and Compromise Penalty
i. Civil Penalties
ii. Interest
iii. Compromise Penalty

B. Rights and Remedies of Taxpayer under the National Internal Revenue Code
a. Amend Tax Return
b. Protest Assessment
i. Procedure
ii. Notice of Discrepancy
iii. Preliminary Assessment Notice
iv. Final Assessment Notice
v. Requirement to Inform Taxpayer of Factual and Legal Basis of Assessment
vi. Submission of Supporting Documents
vii. Effect of Failure to File Protest
c. Denial of Protest or Inaction of CIR, Appeal to CTA
i. Application of 180-day Rule
ii. What Constitutes Denial of Protest/Decision on Disputed Assessment
d. Period to Appeal/Effect of Failure to Appeal
e. Mode of Appeal and Effect of Appeal
i. Appeal to CTA in Division
ii. Appeal to CTA En Banc
f. Appeal to Supreme Court
g. Refund and/or Tax Credit of Erroneously Paid Tax
i. What Constitutes Erroneous Payment
ii. Requirement of Filing Administrative Claim
iii. Exception to Requirement of Filing Administrative Claim
iv. Effect of Supervening Event
v. Offsetting Against Deficiency Tax Assessments
h. Appeal in case of Denial of Refund/Tax Credit Claim

[2]
i. Statute of Limitations (Prescription)
i. Period to Assess
1. Ordinary Prescription
2. Extraordinary Prescription
a. False/Fraudulent Return or No Return
b. Waiver of Prescriptive Period
c. Suspension of Prescriptive Period
ii. Period to Collect
iii. Period to File Protest
iv. Period to Appeal Final Decision of Disputed Assessment to CTA
v. Period to File Refund or Tax Credit Claim
vi. Period to Prosecute Violations of any Provisions of NIRC

PART 2. TRANSFER TAXES


Week 4-6
A. Introduction to Transfer Taxes
B. Estate Tax
a. Formula for Estate Tax
i. Decedent Dies as a Single Person
ii. Decedent Dies as a Married Person
b. Basic Concepts of Succession and Will
c. Property Relations and Share of the Surviving Spouse
d. Gross Estate
i. General Definition
ii. Constitution
1. Property in Which Decedent Had an Interest
2. Transfers in Contemplation of Death
3. Transfers Taking Effect at Death
4. Transfers with Retained Interest
5. Revocable Transfers
6. Power of Appointment
7. Proceeds of Life Insurance
e. Valuation of Estate and Amount to be Included in Cases Covered by Secs. 85(B), (C) and
(D) of the NIRC
f. Exempt Transfers
g. Exclusion of Conjugal Share of Surviving Spouse
h. Deductions from Gross Estate: Citizens and Residents
i. Standard Deduction
ii. Claims Against the Estate
iii. Claims Against Insolvent Person
iv. Unpaid Debts/Mortgages
v. Vanishing Deduction
vi. Transfers for Public Use
vii. Family Home
viii. Retirement Benefits and Separation Pay Under NIRC Sec. 32(B)(6)(a) and (b)
i. Foreign Tax Credits
j. Special Rules for Non-Resident Aliens
i. Inclusions in Gross Estate
ii. Deductions from Gross Estate
iii. Foreign Tax Credits
k. Administrative Provisions
i. Tax Rate
ii. Estate Tax Return
1. CPA Certification

[3]
iii. Payment of Estate Tax
1. Extension
2. Payment by Installment
3. Withdrawal of Bank Account Subject to Final Withholding Tax
4. Consequences of Non-Payment of Estate Tax
Week 7-9
C. Donor’s Tax
a. Meaning of “Gift”
b. Valuation of Gifts
c. Transfers for Less Than Adequate Consideration
d. Deductions from Gross Gifts
e. Exempt Gifts
f. Foreign Tax Credit
g. On Whom Imposed
h. Administrative Provisions
i. Tax Rate
ii. Donor’s Tax Return
iii. Payment of Donor’s Tax
iv. Consequences of Non-Payment of Donor’s Tax

PART 3. DOCUMENTARY STAMP TAX


A. In General
B. Transactions/Document Subject to DST
C. Transactions/Documents Not Subject to DST
D. Payment of DST
E. Effect of Non-Payment of DST

PART 4. TAXATION UNDER THE LOCAL GOVERNMENT CODE


Week 10-13
A. Local Taxation
a. General Principles
i. Local Autonomy
ii. Fundamental Principles
iii. Common Limitations on Taxing Powers of LGUs
b. Scope of Taxing Powers of LGUs
i. Province
ii. Municipality
iii. City
iv. Barangay
c. Time, Manner and Place of Payment of Local Business Tax
d. Enactment of Tax Ordinances and Other Revenue Measures
i. Public Hearing
ii. Publication
iii. Appeal to Secretary of Justice
iv. Appeal to Court of Competent Jurisdiction
v. Effect of Appeal
e. Remedies of Local Government
i. Examination of Taxpayer’s Books of Accounts
ii. Issuance of Deficiency Assessment
iii. Imposition of Surcharge and Interest
iv. Summary Remedies
1. Distraint of personal property
2. Levy on real property
3. Further distraint and levy

[4]
v. Judicial Remedy (Collection)
f. Remedies of Taxpayer
i. Protest Assessment
ii. Claim for Refund or Tax Credit
g. Authority of LGUs to Grant Tax Exemption Privileges

B. Real Property Taxation


a. General Principles and Definitions
b. Real Property Tax and Additional or Special Levies
i. Basic Real Property Tax
ii. Special Education Fund (SEF)
iii. Tax on Idle Lands
iv. Special Levy Due to Improvements
c. Exemptions from Real Property Tax
d. Payment of Real Property Tax and Special Levies
i. Date of Accrual
ii. Payment on Installment
iii. Discount for Advance Payment
e. Appraisal and Assessment of Real Property
f. Remedies of Local Government
i. Posting of Notice of Delinquency
ii. Imposition of Interest
iii. Administrative Remedies
iv. Judicial Action (Collection)
v. Unpaid Tax Constitutes a Lien
g. Remedies of Taxpayer
i. Dispute Assessment
1. Appeal to Local Board of Assessment Appeals
2. Appeal to Central Board of Assessment Appeals
3. Appeal to Court of Tax Appeals
4. Effect of Appeal
ii. Payment under Protest
iii. Claim for Refund or Credit

[5]

You might also like