Tax notes: Testimonial evidence to prove fact of withholding-A A +A
Monday, July 16, 2012
WHEN a taxpayer claims for refund of excess or unutilized creditable withholding tax (CWTs), the testimonial evidence of various payors or withholding agents is not required to establish the fact that withholding was made on its income.
The fact of withholding is sufficiently established by BIR Form 2307 (CWT certificate issued by the payor attesting to the amount of taxes withheld from income payments received by the payee), without the need to present the testimonial evidence of the person who made the entries. According to the CTA, the figures appearing on the CWT certificates should be taken at face value since these documents are executed under the penalties of perjury. Hence, BIR Form 2307 or CWT certificate may be accepted without the need to obtain testimony from the author confirming that the document existed to prove a taxpayer’s claim for refund of its excess unutilized CWT [Commissioner of Internal Revenue v. Team (Philippines) Energy Corp., CTA EB No. 964 re CTA Case No. 7603, April 13, 2012].
(Source: Punongbayan & Araullo)
Published in the Sun.Star Cebu newspaper on July 17, 2012.