Thursday 3 March 2016

Failure to fill up the entry in the “Creditable Tax Withheld” column in Schedule 1, page 2 of the Annual Income Tax Return is fatal to a claim for refund of creditable withholding tax.

The fact that the “Creditable Tax Withheld” portion of the Annual Income Tax Return of the taxpayer which was left blank should not be taken lightly. It is well settled that much credence is imbued in the Annual Income Tax Return. The taxpayer asserts the truth and correctness in the declarations made therein, explicitly stating that the same are made under the penalties of perjury. Such declaration is made pursuant to the provisions of Section 267 of the NIRC.
Applying this provision to the instant case, taxpayer’s failure to fill up the “Creditable Tax Withheld” portion, coupled by the inability of the pieces of evidence submitted to prove that the income subjected to the claimed unutilized creditable withholding tax was declared as part of its gross income, is fatal to a claim for issuance of TCC on the unutilized creditable withholding tax. (Orix Auto Leasing Corporation vs. Commissioner of Internal Revenue, CTA EB Case No. 1016, December 9, 2013) 

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