Bureau of Local Government Finance Opinion

March 30, 1993 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Mr. Gregorio Yee Wei Hont Administrative Manager Krominco, Inc. Pasong Tamo, Makati Metro Manila S i r : This refers to your letter dated January 28, 1993 requesting official ruling regarding the implementation of Sections 143 and 156 of the Local Government Code of 1991 (RA 7160) which pertains to the imposition of business and community taxes. In this connection, considering that the protest against assessment of taxes, fees or charges is now within the jurisdiction of the local treasurers. It is suggested that KI should avail of the remedy provided for under Section 195 of the Code, quoted hereunder: aisa dc "Sec. 195. Protest of Assessment . When the local treasurer or his duly authorized representative finds that correct taxes, fees or charges have not been paid, he shall issue a notice of assessment stating the nature of the tax, fee or charge, the amount of deficiency, surcharges, interests and penalties. Within sixty (60) days from the receipt of the notice of assessment, the taxpayer may file a written protest with the local treasurer contesting the assessment: otherwise, the assessment shall become final and executory. The local treasurer shall decide the protest within sixty (60) days from the time of its filing. If the local treasurer finds the protest to be wholly or partly meritorious, he shall issue a notice cancelling wholly or partially the assessment. However, if the local treasurer finds the assessment to be wholly or partly correct, he shall deny the protest wholly, or partly with notice to the taxpayer. The taxpayer shall have thirty (30) days from the receipt of the denial of the protest or from the lapse of the sixty (60) day period prescribed herein within which to appeal with the court of competent jurisdiction otherwise the assessment becomes conclusive and unappealable." Very truly yours, LORINDA M. CARLOS Executive Director