Philippines Court of Tax Appeals Issues Decision Clarifying Refunds of Unutilized, Excess Creditable Withholding Tax

The Philippine Court of Tax Appeals Feb. 5 issued a decision in CTA Case No. 10840, clarifying refunds of unutilized and excess creditable withholding tax (CWT). The taxpayer, a company, sought a refund of excess 2019 CWT. The Commissioner of Internal Revenue (CIR) contended that the taxpayer didn’t demonstrate that the income tied to Bureau of Internal Revenue (BIR) Form No. 2307 appeared in the declared taxable income. On appeal, the Court of Tax Appeals, Special Second Division, found that: 1) the taxpayer filed the administrative and judicial refund claims within the two-year prescriptive period; 2) the missing signatures on ...