NextGen Day

MANILA, Philippines — The Court of Tax Appeals (CTA) has directed the Bureau of Internal Revenue (BIR) to refund or grant a PHP296.15 million tax credit certificate to SM Investments Corp., a shopping mall and real estate developer.

The tax court’s Third Division granted the ruling on the sum representing the company’s excess and unutilized creditable withholding tax (CWT) for 2014 in a 12-page modified decision dated March 11 issued by Associate Justice Erlinda P. Uy.

Revenue officials opposed the tax credit, claiming that the company failed to exhaust administrative remedies before bringing the case to the CTA, that the firm’s claim is under investigation by the BIR, and that no refund can be given to the petitioner based on the filed claim pending that investigation.

While a judicial claim for tax refund must be filed within two years, the tax court ruled that the law “in no way implies that the CIR (Commissioner of Internal Revenue) must act on the taxpayer’s claim and that the taxpayer shall not go to court before such taxpayer is notified of the CIR’s action.”

The tribunal noted that the BIR had not proceeded on the administrative refund claim from the time it was filed in September 2015 until the judicial claim was filed with the CTA on April 7, 2017, just as the two-year prescriptive period was about to end.

Associate Justices Maria Rowena Modesto-San Pedro and Ma. Belen M. Ringpis-Liban agreed.

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