Philippine Court of Appeals Holds Tax Treaty Relief may Not be Denied based on Late Treaty Relief Application

A decision of the Philippine Court of Tax Appeals was published 23 February 2017 concerning whether failure to timely file a Tax Treaty Relief Application (TTRA) is grounds for denying treaty relief.

The case involved Toyota Motor Philippines (Toyota P), which on 1 May 2009 entered into a technical assistance agreement granting license to manufacture certain series of motor vehicles and their spare parts in the Philippines. Under the agreement Toyota P paid a royalty of 6% of the net sellin…