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Sample Protest Letter On Bir Assessment Pdf


How to Write a Sample Protest Letter on BIR Assessment PDF




If you are a taxpayer in the Philippines and you receive a deficiency tax assessment from the Bureau of Internal Revenue (BIR), you may not agree with their findings and computations. A deficiency tax assessment is a document that informs you of the errors or discrepancies that the BIR found in your tax returns or payments, and the additional taxes, penalties and interest that you have to pay as a result.




sample protest letter on bir assessment pdf



However, you don't have to accept the BIR's assessment without question. You have the right to challenge it by filing a sample protest letter on BIR assessment PDF. A protest letter is a formal document that expresses your disagreement with the BIR's findings and requests for a review or revision of your case. A protest letter can help you avoid paying unnecessary taxes, penalties and interest, as well as protect your rights as a taxpayer.


But how do you write a sample protest letter on BIR assessment PDF? What are the steps and requirements that you need to follow? What are the best practices and tips that you need to know? In this article, we will answer these questions and provide you with a complete guide on how to write a sample protest letter on BIR assessment PDF.


Step 1: Respond within the prescribed period




The first step in writing a sample protest letter on BIR assessment PDF is to respond to the BIR's notice of discrepancy or preliminary assessment notice (PAN) within 15 days from receipt. A notice of discrepancy or PAN is a document that informs you of the BIR's audit findings and computations of your deficiency tax.


If you agree with the BIR's findings, you can pay the deficiency tax, including the applicable penalties and interest, within 15 days from receipt of the notice. However, if you disagree with the BIR's findings, you can file a protest letter within 15 days from receipt of the notice.


If you fail to respond to the notice of discrepancy or PAN within 15 days, the BIR will issue a formal letter of demand and final assessment notice (FLD/FAN), which will become final and executory if you do not file a protest letter within 30 days from receipt.


Therefore, it is important to act promptly and file your protest letter as soon as possible. You can either submit it personally or send it by registered mail to the BIR office that issued the notice.


Step 2: Address your protest letter properly




The second step in writing a sample protest letter on BIR assessment PDF is to address your protest letter properly. Your protest letter should be addressed to the assistant commissioner, regional director or authorized higher revenue officer who has jurisdiction over your case. You should also indicate the following information in your protest letter:


  • The date of the notice of discrepancy or PAN;



  • The nature of your protest, whether for reconsideration or re-investigation;



  • The applicable laws, rules and regulations on which your protest is based;



  • Your name, address, taxpayer identification number (TIN), contact details and signature;



  • A copy of the notice of discrepancy or PAN and other relevant documents that support your claim.



You should also attach a copy of your proof of payment of any undisputed tax liability that may be due from you.


Step 3: State your grounds for protest clearly and concisely




The third step in writing a sample protest letter on BIR assessment PDF is to state your grounds for protest clearly and concisely. Your grounds for protest are the reasons why you disagree with the BIR's findings and computations of your deficiency tax. You should explain why the BIR's findings are erroneous or unjustified, and how they are contrary to the law or regulations.


For example, you can cite errors or discrepancies in the BIR's audit report, such as incorrect classification of income or expenses, double taxation, non-recognition of tax credits or deductions, or misapplication of tax rates or penalties. You can also point out that you have complied with the tax requirements or that you have valid defenses or exemptions under the law.


You should also provide facts and evidence that support your grounds for protest, such as receipts, invoices, contracts, financial statements, tax returns, certificates of withholding tax, official receipts or other relevant documents. You should also indicate the amount of tax involved in each ground for protest.


Step 4: Request for a reinvestigation or reconsideration




The fourth step in writing a sample protest letter on BIR assessment PDF is to request for a reinvestigation or reconsideration of your case. A reinvestigation is a request for


Step 5: Submit additional documents or evidence




The fifth step in writing a sample protest letter on BIR assessment PDF is to submit additional documents or evidence that support your grounds for protest. If you request for a reinvestigation of your case, you need to submit new evidence or documents that were not previously submitted or considered by the BIR. If you request for a reconsideration of your case, you need to submit the same evidence or documents that were previously submitted or considered by the BIR.


You should submit your additional documents or evidence within 60 days from filing your protest letter, unless a longer period is granted by the BIR. You should also indicate in your protest letter the date and manner of submission of your additional documents or evidence.


If you fail to submit your additional documents or evidence within the prescribed period, the BIR will resolve your case based on the available evidence on record.


Step 6: Wait for the BIR's decision




The sixth step in writing a sample protest letter on BIR assessment PDF is to wait for the BIR's decision on your case. The BIR has 180 days from the date of submission of your complete documents to decide on your protest. If the BIR fails to decide within this period, you can either appeal to the Court of Tax Appeals (CTA) or wait for the BIR's decision.


If the BIR decides in your favor, they will issue a certificate of cancellation of assessment, which will cancel or reduce your deficiency tax assessment. If the BIR decides against you, they will issue a final decision on disputed assessment (FDDA), which will affirm or modify your deficiency tax assessment.


You can either accept or appeal the BIR's decision. If you accept the BIR's decision, you can pay the deficiency tax, including the applicable penalties and interest, within 30 days from receipt of the decision. If you appeal the BIR's decision, you can either file a request for reconsideration with the Commissioner of Internal Revenue (CIR) or file a judicial protest with the CTA within 30 days from receipt of the decision.


Conclusion




Writing a sample protest letter on BIR assessment PDF is not an easy task. You need to follow certain steps and requirements to make your protest valid and effective. You also need to provide clear and concise grounds for protest, along with facts and evidence that support them. You also need to request for a reinvestigation or reconsideration of your case, and submit additional documents or evidence if necessary. You also need to respond within the prescribed periods and wait for the BIR's decision on your case.


However, writing a sample protest letter on BIR assessment PDF can also be rewarding. It can help you avoid paying unnecessary taxes, penalties and interest, as well as protect your rights as a taxpayer. It can also help you resolve your tax issues with the BIR in an amicable and efficient manner.


If you need help in writing a sample protest letter on BIR assessment PDF, you can consult a professional tax consultant or lawyer who can guide you through the process and assist you with your case. 6c859133af


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