Sunday, July 20, 2014

Effects of Fraud

With regards to the types of tax fraud cases, taxpayers should be reminded of the effects of fraud as follows:

1. Civil fraud results in the imposition of the 50% surcharge, to be imposed by the BIR;
2. Criminal fraud involves the imposition of penal sanctions to be imposed by the Regional Trial Court or the CTA, depending of the amount of basic tax, upon conviction;
3. The power of the Commissioner to assess the tax is extended to ten (10) s from the date of discovery of the falsity or fraud.
4. Cases involving fraud cannot be the subject of compromise;
5. The fact of fraud shall be judicially taken cognizance of in the civil or criminal action for the collection of a fraud assessment that has become final and executory on the administration level;
6. Suspension and temporary closure of the business operations of a taxpayer...

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