A final tax of 5% (on the first Php100k) / 10% (in excess of Php100k) on the net capital gains realized during the taxable year from sale, barter, exchange or other disposition of shares of stock in a domestic corporation, except shares sold or disposed through the stock exchange.

A withholding agent is a separate entity acting no more than an agent of the government for the collection of tax in order to ensure its payments.

He is merely a tax collector, NOT a taxpayer. If a withholding agent was assessed for deficiency withholding tax under the NIRC, as such, it is being held liable in its capacity as a withholding agent and not its personality as a taxpayer (CIR vs. CA, GR 104151, March 10, 1995).

The date-of-death valuation rule should be applied. Post-death developments should NOT be considered in determining the net value of the estate (Dizon v. CTA, G.R. No. 140944, April 30, 2008).

An Act providing that Retirement Benefits of Employees of Private Firms shall not be subject to any tax whatsoever.

In the course of his trade or business

-Sec. 4. 105-3, RR16-2005

RA9337 clearly provided that sale of legal services by a lawyer or a law firm shall be subject to VAT effective Nov. 1, 2005. There was an elimination of the exemption from VAT of legal services, deleting the old Sec. 109 (BB) of RA 9238.

It refers to goods or properties with estimated useful life greater than 1 year and which are treated as depreciable assets under the NIRC, used directly or indirectly in the production or sale of taxable goods or service.

-Kepco Phil vs CIR, GR No. 179356, Dec. 14, 2009

If any input tax cannot be directly attributed to either a VATable or VAT-exempt transaction, the input tax shall be pro-rated to the VATable and VAT-exempt transactions and only the ratable portion pertaining to transactions subject to VAT may be recognized for input tax credit. The allocation of input taxes shall be done proportionately to each category of transaction (Sec. 4. 110-4, RR16-2005).

The Government or any of its political subdivisions, instrumentalities or agencies, including GOCC's, shall before making payment on account of each purchase of goods and/or services taxed at 12% deduct and withhold a final VAT due at the rate of 5% of the gross payment thereof. (RR16-2005).

A jeopardy assessment is a tax assessment which was assessed without the benefit of complete or partial audit by an authorized revenue officer, who has reason to believe that the assessment and collection of a deficiency tax will be jeopardized by delay because of the taxpayer's failure to comply with audit and investigation requirements to present his books of accounts and/or pertinent records, or substantiate all or any of the deductions, exemptions, or credits claimed in his return. (RR30-2002).