Sample Protest Letter Tax Assessment Philippines ◎ | SECURE |

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].

The assessment is on the following specific grounds:

WHEREFORE, it is respectfully requested that the Formal Assessment Notice No. [number] be . In the alternative, the assessment be reduced to P [correct amount, e.g., 125,000] , and a Formal Resolution to that effect be issued by your office.

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

| 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) |

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.

Bureau of Internal Revenue [Revenue District Office / Region] [Address] On , the BIR issued a Letter of Authority (LOA No

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.

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. We filed a reply/waived our right to reply on [date]

Dear Sir/Madam:

Respectfully submitted,

The BIR disallowed input VAT in the amount of P [amount] on purchases from suppliers listed as “non-compliant” in the BIR’s system. Attached as Annex “A” are (1) official receipts, (2) sworn declarations from the suppliers confirming their VAT registration during the transaction period, and (3) BIR Form 2303 of said suppliers. The disallowance is without factual basis.

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.

(Attach detailed schedule as Annex “C”)