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

The Philippine Court of Tax Appeals March 23 issued a decision in CTA EB No. 3099, clarifying the refund of excess and unutilized creditable withholding taxes (CWTs). The taxpayer, a corporation, sought a tax credit certificate for excess and unutilized CWTs. The Commissioner of Internal Revenue denied the refund on the grounds of noncompliance with documentation requirements and failure to prove actual remittance. The Court of Tax Appeals, Third Division, partially granted the taxpayer’s claim, and the Commissioner appealed. On appeal, the Court of Tax Appeals, en banc, found that: 1) the administrative and judicial claims were filed within two ...