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    CIR Vs Primetown Digest

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    Chanyeol Park
    1) Respondent Primetown Property Group filed for a tax refund or credit claiming it suffered losses in 1997 and was not liable for income taxes, though it paid P26,318,398.32 in quarterly corporate income tax and withholding tax. 2) The Court of Tax Appeals denied the petition as it was filed beyond the two-year prescriptive period set in the National Internal Revenue Code, but the Court of Appeals reversed citing a different method for computing legal periods. 3) The Supreme Court ruled that Executive Order 292 of the Administrative Code of 1987, being the more recent law, should govern the computation of legal periods as using calendar months rather than considering the number of days in a year

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    CIR Vs Primetown Digest

    Uploaded by

    Chanyeol Park
    2K views1 page
    1) Respondent Primetown Property Group filed for a tax refund or credit claiming it suffered losses in 1997 and was not liable for income taxes, though it paid P26,318,398.32 in quarterly corporate income tax and withholding tax. 2) The Court of Tax Appeals denied the petition as it was filed beyond the two-year prescriptive period set in the National Internal Revenue Code, but the Court of Appeals reversed citing a different method for computing legal periods. 3) The Supreme Court ruled that Executive Order 292 of the Administrative Code of 1987, being the more recent law, should govern the computation of legal periods as using calendar months rather than considering the number of days in a year

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    1) Respondent Primetown Property Group filed for a tax refund or credit claiming it suffered losses in 1997 and was not liable for income taxes, though it paid P26,318,398.32 in quarterly corporate income tax and withholding tax. 2) The Court of Tax Appeals denied the petition as it was filed beyond the two-year prescriptive period set in the National Internal Revenue Code, but the Court of Appeals reversed citing a different method for computing legal periods. 3) The Supreme Court ruled that Executive Order 292 of the Administrative Code of 1987, being the more recent law, should govern the computation of legal periods as using calendar months rather than considering the number of days in a year

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views1 page

    CIR Vs Primetown Digest

    Uploaded by

    Chanyeol Park
    1) Respondent Primetown Property Group filed for a tax refund or credit claiming it suffered losses in 1997 and was not liable for income taxes, though it paid P26,318,398.32 in quarterly corporate income tax and withholding tax. 2) The Court of Tax Appeals denied the petition as it was filed beyond the two-year prescriptive period set in the National Internal Revenue Code, but the Court of Appeals reversed citing a different method for computing legal periods. 3) The Supreme Court ruled that Executive Order 292 of the Administrative Code of 1987, being the more recent law, should govern the computation of legal periods as using calendar months rather than considering the number of days in a year

    Copyright:

    © All Rights Reserved
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    of 1

    CIR vs.

    Primetown Property Group, Inc


    G.R. No. 162155, August 28, 2007

    Facts: Gilbert Yap, vice chair of respondent Primetown Property Group, Inc., applied for the refund or credit of
    income tax respondent paid in 1997.He claimed that because explained because respondent suffered losses, it was
    not liable for income taxes. Nevertheless, respondent paid its quarterly corporate income tax and remitted creditable
    withholding tax from real estate sales to the BIR in the total amount of P26,318,398.32. Therefore, respondent was
    entitled to tax refund or tax credit.

    Revenue officer required respondent to submit additional documents to support its claim. Respondent complied but
    its claim was not acted upon. It filed a petition for review in the CTA.
    However, the CTA the petition as it was filed beyond the two-year prescriptive period for filing a judicial claim for tax
    refund or tax credit as provided in Sec. 229 of the NIRC. In addition, the tax court applied Article 13 of the Civil Code
    which states:
    Art. 13. When the law speaks of years, months, days or nights, it shall be understood that years are of
    three hundred sixty-five days each….

    Thus, according to the CTA, the two-year prescriptive period under Section 229 of the NIRC for the filing of judicial
    claims was equivalent to 730 days. Because the year 2000 was a leap year, respondent's petition, which was filed
    731 days after respondent filed its final adjusted return, was filed beyond the reglementary period.
    Respondent moved for reconsideration but it was denied. Hence, it filed an appeal in the CA and the CA reversed the
    decision of the CTA. Petitioners moved for reconsideration but it was denied. Thus, this appeal.

    Issue: Whether or not Art. 13 of the Civil Code should be applicable in computing the legal periods or Sec. 31 of the
    Administrative Code of 1987

    Ruling: E.O. 292 should be applied in computing the legal period being the more recent law, governs the
    computation of legal periods. Lex posteriori derogat priori.

    Both Article 13 of the Civil Code and Section 31, Chapter VIII, Book I of the Administrative Code of 1987 deal with the
    same subject matter — the computation of legal periods. Under the Civil Code, a year is equivalent to 365 days
    whether it be a regular year or a leap year. Under the Administrative Code of 1987, however, a year is composed of
    12 calendar months. Needless to state, under the Administrative Code of 1987, the number of days is irrelevant.
    We therefore hold that respondent's petition (filed on April 14, 2000) was filed on the last day of the 24th calendar
    month from the day respondent filed its final adjusted return. Hence, it was filed within the reglementary period.

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