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CA 466 Section 317

Constructive distraint of the property of a taxpayer.

Section 317

SEC. 317. Constructive distraint of the property of a taxpayer. — To safeguard the interest of the Government, the Collector of Internal Revenue may place under constructive distraint the property of a delinquent taxpayer or any taxpayer who, in his opinion, is retiring from any business subject to tax or intends to leave the Philippines, or remove his property therefrom, or hide or conceal his property, or perform any act tending to obstruct the proceedings for collecting the tax due or which may be due from him. The constructive distraint of personal property shall be effected by requiring the taxpayer or any person having possession or control of such property to sign a receipt covering the property distrained and obligate himself to preserve the same in- tact and unaltered and not to dispose of the same in any manner whatever without the express authority of the Collector of Internal Revenue. In case the taxpayer or the person having the possession and control of the property sought to be placed under constructive distraint refuses or fails to sign the receipt herein referred to, the revenue officer effecting the constructive distraint shall proceed to prepare a list of such property and in the presence of two witnesses leave a copy thereof in the premises where the property distrained is located, after which the said property shall be deemed to have been placed under constructive distraint.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER II - Civil Remedies for Collection of Taxes →

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

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