Before Payment

PROTEST (Protest Against Assessment)

COMPROMISE
After Payment
Refund
Tax Credit
ASSESSMENT
Section 228 of the 1997 Tax Code
Procedural Steps Governing Administrative Protests
RR 13-18
Due Process Requirement in the Issuance of a Deficiency Tax Assessment
Condition: If after review, there exists sufficient basis to assess the taxpayer for any
deficiency tax or taxes
BIR shall issue to the taxpayer PAN (Preliminary Assessment Notice) for the proposed assessment.
Showing in detail, the facts and the law, RRs, or jurisprudence on which the proposed assessment is based

Exceptions to PAN*

(i)

W hen the findingfor any deficiency tax is the result of mathematical error in thecomputation
appearing on the face of the tax return filed by the taxpayer; or

of

the

tax

(ii)

W hen a discrepancy has been determined between the tax withheld and theamount actually remitted by the
withholding agent; or

(iii)

W hen a taxpayer who opted to claim a refund or tax credit of excess creditable withholding tax for a taxable
period was determined to have carried over and automatically applied the same amount claimed against the estimated tax
liabilities for the taxable quarter or quarters of the succeeding taxable year; or

(iv)

W hen the excise tax due on excisable articles has not been paid; or

(v)

W hen an article locally purchased or imported by an exempt person, such as, butnot limited to, vehicles,
capital equipment, machineries and spare parts, has been sold, traded or transferred to non-exempt persons.

*In the above-cited cases, a FLD/FAN shall be issued outright.

15 DAYS from receipt of PAN

Response NO
Taxpayer IN DEFAULT

Response YES
That he/it disagrees with the findings of deficiency tax or
taxes.

BIR shall issue a Formal Letter of Demand and Final

Assessment Notice (FLD/FAN), calling for payment of
the taxpayer's deficiency tax liability, inclusive of the
applicable penalties.

Within 15 DAYS from filing/submission of the

taxpayers response BIR shall issue FLD/FAN calling
for payment of the taxpayer's deficiency tax
liability, inclusive of the applicable penalties.

FLD/FAN shall be issued by the Commissioner or his duly authorized representative.

Shall state the facts, the law, rules and regulations, or jurisprudence on which the assessment is based; otherwise, the
assessment shall be void.

Disputed Assessment
Within 30 DAYS from receipt of FLD/FAN
Taxpayer may PROTEST Administratively against
Otherwise, the assessment shall become final,
FLD/FAN,
executory and demandable.
he/it may file a written request for reconsideration or
No request for reconsideration or reinvestigation shall be
reinvestigation
granted.
(i) Request for reconsideration refers to a plea of re-evaluation of an assessment on the basis of existing records
without need of additional evidence. It may involve both a question of fact or of law or both.
(ii) Request for reinvestigation refers to a plea of re-evaluation of an assessment on the basis of newly discovered or
additional evidence that a taxpayer intends to present in the reinvestigation. It may also involve a question of fact or of law
or both.

Protest shall states (i) the nature of protest whether reconsideration or reinvestigation, specifying newly discovered or additional
evidence he intends to present if it is a request for reinvestigation, (ii) date of the assessment notice, and (iii) the applicable law,
rules and regulations, or jurisprudence on which his protest is based, otherwise, his protest shall be considered void and
without force and effect.

Partial Dispute Taxpayer shall pay the deficiency tax or taxes attributable to the undisputed issues, in which case, a
collection letter shall be issued to the taxpayer calling for payment of the said deficiency tax, inclusive of the applicable surcharge
and/or interest. The assessment attributable to the undisputed issue or issues shall become final, executory and demandable.

Failure to state the facts, the applicable law, RRs, or jurisprudence in support of his protest = undisputed issue

Taxpayer shall state the facts, the applicable law, rules and regulations, or jurisprudence on which his protest is
based, otherwise, his protest shall be void and without force and effect.

For REQUEST for REINVESTIGATION

Within 60 DAYS from FILING of PROTEST
Taxpayer shall submit all relevant supporting
Otherwise, the assessment shall become final.
documents
Final - shall mean the taxpayer is barred from disputing
the correctness of the issued assessment by introduction
of newly discovered or additional evidence, and the FDDA
shall consequently be denied.
60-day period for the submission of all relevant supporting documents N/A to requests for reconsideration
BY THE DULY REP
DENIED, in whole or in part
Fails to ACT
Within 30 DAYS
Within 30 DAYS from
RECON: WITHIN 180 DAYS from filing of protest
from receipt of
receipt of decision,
REINVESTIGATION: 180 days from date of submission
decision, APPEAL
OR
elevate (Admin Appeal)
of the required documents within sixty 60 days from the
to CTA
thru RECONSIDERATION date of filing
Within 30 DAYS from the
Await the final decision of
to Commissioner
expiration of 180-day
the REP on the disputed
>Request for reinvestigation
period, APPEAL to CTA ,
assessment
NOT ALLOWED and
>Only issues raised in the
decision of the Rep s/b
entertained by the Comm.

OR

Protest/ADMIN Appeal_ BY THE COMM

DENIED, in whole or in part
Fails to ACT 180 DAYS from Filing of the Protest
Within 30 days from receipt
Otherwise,
Within 30 DAYS from the
Await the final decision of
of decision, APPEAL to
the assessment shall
expiration of 180-day
the Comm. on the
CTA
become final,
period, APPEAL to CTA ,
disputed assessment and
executory and
appeal such final decision
demandable
OR
to the CTA within 30 days
after the receipt of a copy
of such decision.
In
case
of
inaction
*Mutually
exclusive
and the resort to
MR of the Commissioners denial shall
one bars the application of the other.
not toll the thirty (30)-day period to

appeal to the CTA.

Final Decision on a Disputed Assessment (FDDA) shall state

(a) the facts, the applicable law, rules and regulations, or jurisprudence on which such decision is based, otherwise, the decision
shall be void, in which case, the same shall not be considered a decision on a disputed assessment; and
(b) that the same is his final decision.

Modes of Service of notice (PAN/FLD/FAN/FDDA) like the rules on service of summons

Personal service. If not practicable, the notice shall be served by substituted service or by mail.
Disinterested witnesses refers to persons of legal age other than employees of the BIR.
Service to the tax agent/practitioner, who is appointed by the taxpayer under circumstances prescribed in the pertinent
regulations on accreditation of tax agents, shall be deemed service to the taxpayer.