Taxation, 2013 Bar — Question MC-XII

MULTIPLE CHOICE

Taxpayer Andy received on January 3, 2010 a preliminary assessment notice (PAN) from the BIR, stating that he had fifteen (15) days from its receipt to comment or to file a protest. Eight (8) days later (or on January 11, 2010), before he could comment or file a protest, Andy received the final assessment notice (FAN). Decide on the validity of the FAN. (1%) (A) The FAN is invalid; Andy was not given the chance to respond to the PAN, in violation of his due process rights (Section 228, NIRC; RR No. 12-99). (B) The FAN is invalid for being premature. (C) The FAN is valid since it was issued before the right to assess prescribed. (D) The FAN is valid. There is no legal requirement that the FAN should await the protest to the PAN because protest to the PAN is not mandatory.

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