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Sample Protest Letter Tax Assessment Philippines Page

Dear Sir/Madam:

I, [Name], under oath, state that the facts herein are true and correct based on our records.

This protest is filed without prejudice to any other remedies, including appeal to the Court of Tax Appeals (CTA) in case of denial.

Respectfully submitted,

| Item | BIR Assessment | Taxpayer’s Corrected | Difference | |------|----------------|----------------------|------------| | Gross Sales | P 10,000,000 | P 10,000,000 | – | | Less: COGS | P 6,000,000 | P 7,500,000 | P 1,500,000 | | Net Income | P 4,000,000 | P 2,500,000 | (P 1,500,000) | | Income Tax Due (25%) | P 1,000,000 | P 625,000 | (P 375,000) | | Less: Credits/Withheld | P 500,000 | P 500,000 | – | | | P 500,000 | P 125,000 | (P 375,000) |

Bureau of Internal Revenue [Revenue District Office / Region] [Address]

The alleged deficiency for 2022 is based on an LOA issued on [date]. However, our 2022 Annual ITR was filed on [April 15, 2023]. The three-year prescriptive period expired on [April 15, 2026]. The FAN was issued on [date, e.g., May 20, 2026], which is beyond the prescriptive period . Hence, the right to assess has prescribed. sample protest letter tax assessment philippines

(Attach detailed schedule as Annex “C”)

Here is for drafting a Protest Letter against a Tax Assessment in the Philippines, based on the National Internal Revenue Code (NIRC) as amended by the Tax Reform for Acceleration and Inclusion (TRAIN) Law and relevant BIR regulations.

On , the BIR issued a Letter of Authority (LOA No. [number]) authorizing an examination of our books for 2022. On [date] , we received a Preliminary Assessment Notice (PAN) dated [date]. We filed a reply/waived our right to reply on [date]. On [date of receipt] , we received the FAN dated [date]. Dear Sir/Madam: I, [Name], under oath, state that

The assessment is on the following specific grounds:

This protest is filed within as required under Section 228 of the National Internal Revenue Code (NIRC) of 1997, as amended.

The BIR used the “best evidence obtainable” method (Sec. 6(B), NIRC) but failed to consider our available books and records. We have attached our audited financial statements, general ledgers, and sales invoices (Annex “B”) showing that the alleged under-declared sales of P [amount] is double-counted. However, our 2022 Annual ITR was filed on [April 15, 2023]