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COMPARISON OF TAXPAYERS REMEDIES

LOCAL TAX VS. REAL PROPERTY TAX


I. PROTEST OF ASSESSMENT OF LOCAL TREASURER ON LOCAL TAXES II. DETERMINATION OF ASSESSED VALUE BY ASSESSOR (RPT)
1. Period of Assessment A.
1) Ordinary. 5 years from the date became due. 1. Assessment of the Local Assessor (classification property & FMV) is
2) Extra-ordinary. 10 years from discovery of the fraud or intent to evade. adverse to owner. File the protest within 60 days from date of receipt of
2. File written protest within 60 days from receipt of notice of assessment. No the written notice of assessment through a petition under oath to the
tax payment required to file protest. LBAA.
3. The local treasurer shall decide the protest within 60 days from the time of 2. LBAA shall decide the appeal within 120 days from receipt of such appeal.
filing. 3. Owner has within 30 days to appeal to the CBAA after receipt of the
If the treasurer finds the protest meritorious, he will issue a notice cancelling decision of the LBAA adverse to him.
wholly or partially the assessment. 4. From CBAA to decide within 12 months from receipt. Then appeal to CTA
4. If protest denied, the taxpayer has 30 days from receipt of the denial or 30 B. Assessment of Real Property
days from the lapse of 60 days if not decided (deemed denied rule), to appeal 1. Protest in writing the local treasurer assessment of real property tax. File
to the court of competent jurisdiction (Municipal Court or Regional Trial it within 30 days from payment of the tax.
Court) No protest will be entertained unless the real property tax is paid.
5. Decision of Municipal Court appeal to RTC then petition for review to CTA. 2. Local Treasurer has 60 days to decide the protest.
6. Decision of RTC appeal to CTA.  Within 30 days upon receipt of the denied appeal to the LBAA.
 After the lapse of 60 days no decision, within 30 days from the lapse
of the 60 days appeal to the LBAA (Deemed Denied Rule)
3. LBAA shall decide the appeal within 120 days from receipt of such appeal.
4. Taxpayer has within 30 days to appeal to the CBAA after receipt of the
decision of the LBAA.
5. Decision of CBAA (12 months) to CTA.

TAX REFUND OR TAX CREDIT


1. TAX REFUND (Local Tax) 2. TAX REFUND (RPT)
 Grounds: erroneously or illegally collected 1. File a written claim for refund or credit within two (2) years from the date
 Period to file: File the written claim with the local treasurer within two (2) the taxpayer is entitled to final redemption or refund.
years from the day of payment OR from the date the taxpayer 2. The Local Treasurer shall decide the claim for tax refund or credit within 60
is entitled to a refund or credit. days from receipt of the claim.
 If denied, go to the regular courts. 3. If denied, appeal to LBAA, to CBAA and to CTA.
NOTE: The claim refund and its appeal must be made within the two (2) year NOTE: The claim refund and its appeal must be made within the two (2) year
period. period.

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