Taxation, 2016 Bar — Question XI

QUESTION

Soaring Eagle paid its excise tax liabilities with Tax Credit Certificates (TCCs) which it purchased through the One Stop Shop Inter-Agency Tax Credit Center (Center) of the Department of Finance. The Center is a composite body of the DOF, BIR, BOC and the BOI. The TCCs were accepted by the BIR as payments. A year after, the BIR demanded the payment of alleged deficiency excise taxes on the ground that Soaring Eagle is not a qualified transferee of the TCCs it purchased from other BOI-registered companies. The BIR argued that the TCCs are subject to post-audit as a suspensive condition. On the other hand, Soaring Eagle countered that it is a buyer in good faith and for value who merely relied on the Center's representation of the genuineness and validity of the TCCs. Ordered to pay the deficiency, Soaring Eagle claims that the same is confiscatory and a violation of due process. Is the assessment against Soaring Eagle valid? Explain. (5%)

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