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A Is a Contractor, Building Roads for the Government Which

Question 23

Multiple Choice

A is a contractor, building roads for the government which has not paid him ₱100M. Before he filed his income tax returns, he wrote a letter to the BIR Commissioner proposing a set-off between the State and A considering that his tax liability amounts to ₱10M and the State has not paid him despite demand. Is A correct?


A) A is correct because the State and A are mutually debtor and creditor of each other.
B) A is not correct because tax is the life blood of the government.
C) A is correct, otherwise, the State would enrich itself at the expense of A.
D) A is not correct because a tax is different from an ordinary debt, and they are not mutually debtors and creditors of one another.

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