Taxation, 2016 Bar — Question X

QUESTION

Congress issued a law allowing a 20% discount on the purchases of senior citizens from, among others, recreation centers. This 20% discount can then be used by the sellers as a "tax credit." At the initiative of BIR, however, Republic Act No. (RA) 9257 was enacted amending the treatment of the 20% discount as a "tax deduction." Equity Cinema filed a petition with the RTC claiming that RA 9257 is unconstitutional as it forcibly deprives sellers a part of the price without just compensation. (A) What is the effect of converting the 20% discount from a "tax credit" to a "tax deduction"? (2.5%) (B) If you are the judge, how will you decide the case? Briefly explain your answer. (2.5%)

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