Commercial and Taxation Laws › Taxation Law › Tax Remedies › Judicial Remedies › Procedure › Civil Cases
(c) Nonavailability of Injunction to Restrain Tax Collection
Injunction Not Available to Restrain Collection
General rule: No injunction to restrain collection of taxes
Exception: Suspension may be allowed as follows:
- There is an appeal to the CTA, and
- In the opinion of the court, the collection by the government agencies may jeopardize the interest of the Government and/or the taxpayer, and
- The CTA may require the taxpayer to deposit the amount claimed or to file a surety bond for not more than double that amount. It may dispense with security in exceptional circumstances, including a prima facie invalid assessment (Sec. 11, RA 1125, as amended by RA 9282; Tridharma Marketing Corp. v. Court of Tax Appeals).
Injunction Not Available to Restrain Collection
General rule: No injunction to restrain collection of taxes
Exception: Suspension may be allowed when:
- There is an appeal to the CTA, and
- In the opinion of the court, the collection by the government agencies may jeopardize the interest of the Government and/or the taxpayer, and
- The CTA may require the taxpayer to deposit the amount claimed or to file a surety bond for not more than double that amount, but may dispense with security in exceptional circumstances, including a prima facie invalid assessment (Sec. 11, RA 1125, as amended by RA 9282).