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

The Philippine Court of Tax Appeals March 16 issued a decision in CTA EB No. 3016, clarifying the refund of excess and unutilized creditable withholding taxes (CWTs). The taxpayer, a corporation, sought a refund of unutilized CWTs. The Commissioner of Internal Revenue denied the refund on the grounds of not meeting legal criteria, and noncompliance with documentation requirements. The Court of Tax Appeals, Special First Division, partially granted the taxpayer’s claim, and the Commissioner appealed. On appeal, the Court of Tax Appeals, en banc, found that: 1) cases filed in the court were considered anew with respect to evidence, so ...