2017 (Taxation) Bar Exam Questions: Question 5

[Answer/discuss the question below, or see 2017 bar exam Taxation Instructions; 2016 Taxation Questions: 12346789101112131415161718, and 19; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]


On March 30, 2016, XL Co. filed an administrative claim for refund of unutilized input VAT for taxable year 2014, together with supporting documents. XL Co. claimed that its sale of generated power and delivery of electric capacity and energy was VAT zero-rated. Due to the inaction of the Commissioner of Internal Revenue (CIR), XL Co. filed with the Court of Tax Appeals (CTA) the following judicial claims for refund:

Period Covered Date Filed
1st Quarter of 2014 March 31, 2016
2nd Quarter of 2014 June 12,, 2016
3rd and 4th Quarter of 2014 August 12, 2016

Is XL Co.’s claim for VAT refund timely filed? Explain your answer. (5%)

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