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True Statements a.

Fiscal Adequacy
b. Administrative feasibility
 As a rule, provisions on the validity of tax c. Theoretical justice
exemptions are resolved liberally in a favor of the d. Intellectual sensitivity
government. 4. Our national internal revenue laws are civil in
 Taxes may be imposed retroactively y law, but nature.
unless so expressed by such law, these taxes must 5. The principal purpose of taxation is to raise
only imposed prospectively. revenues for government needs.
 Administrative feasibility means that tax laws must 6. Persons or things belonging to the same class shall
be easy to understand and capable of being be taxed at the same rate. -?
enforced. a. Simplicity in Taxation
b. Reciprocity of taxation
False Statements:
c. Uniformity of Taxation
 As a rule, taxes are subject to set-off or 7. The tax should be proportional to the relative value
compensation. of the property to be taxed. -?
 The President is authorized to increase or decrease a. Simplicity of Taxation
national internal revenue taxes. b. Equality in taxation
 The Bureau of Internal Revenue has the duty and c. C. Uniformity in Taxation
exclusive power or enacting, implementing and 8. The following are nature of taxation, EXCEPT.
interpreting tax laws. a. Inherent in sovereignty
 Tax laws are either political or penal in nature. b. Essentially legislative in character
 Tax avoidance is an act of using pretenses and c. Subject to inherent and constitutional
forbidden devices in order to lessen tax liability. limitations.
 Failure to pay taxes will render the business or d. Subject to approval by the people
occupation illegal. 9. This is a constitutional limitation on the power of
 Every Filipino citizen is taxable on all income taxation
derived from sources within and outside of the a. Tax laws must be applied within the territorial
Philippines. jurisdiction of the state.
b. Exemption of government agencies and
Identification: instrumentalities from taxation.
c. No appropriation of public money for religious
1. It is an inherent limitation on the power of taxation
purposes.
a. Rule on uniformity and equity of taxation –
d. Power to tax cannot be delegated to private
constitutional limitation
person or entities.
b. Due process of law and equal protection of the
10. Theoretical Justice – The tax imposed should be
laws – constitutional limitation
appropriate to the taxpayer’s ability to pay.
c. Non-impairment of the jurisdiction of the
11. Taxation as distinguished from police power and
Supreme court in tax cases – constitutional
eminent domain
limitation
a. Property is taken to promote general welfare. –
d. Tax must be for public purposes.
police power (taken or destroyed) eminent
2. They exist independent of the constitution being a
domain (private property taken for public use)
fundamental power of the state, EXCEPT
b. Maybe exercised only by the government. –
a. Power of taxation
taxation and police power
b. Police Power
c. Operates upon the whole citizenry – taxation
c. Power of eminent domain
and police power
d. People Power
3. Basic Principles of a sound system, EXCEPT
d. There is generally no limit as to the amount that c. Tax power is limited to territorial jurisdiction of
may be imposed. the State.
12. Situs of Taxation – It literally means “place of d. Taxation is subject to international comity
taxation”, the country that has the power and e. Government entities are generally tax-exempt.
jurisdiction to levy and collect the tax. 4. Examples of administrative requirements of BIR
13. Which of the following is not a public purpose? a. A person subject to any internal revenue tax
a. National Defense shall register once with the appropriate revenue
b. Public education office.
c. Improvement of the sugar and coconut industries b. All persons who are engaged in business shall
d. Improvement of subdivision road. secure from the BIR an authority to print
14. Which is not an essential characteristic of a tax? receipts or sales or commercial invoices before
a. It is unlimited in amount a printer can print the same.
b. It is payable in money c. Follow rules given when issuing receipts or sales
c. It is proportionate in character or commercial invoices (see pg. 87)
d. It is an enforced contribution d. Exhibition of certificate of payment at the place
15. Police Power – The power to regulate liberty and of business.
property to promote the general welfare. 5. Services under the BIR senior deputy commissioner
16. Fiscal Adequacy – The sources of revenue, as a a. .
whole, should be sufficient to meet the demands of b. .
public expenditure. c. .
17. Tax exemption – It is the privilege of not being 6. Powers of the BIR Commissioner of Internal
imposed a financial obligation to which others are Revenue
subject. a. The power to interpret tax laws and decide
18. Which of the following is not a determinant of the disputed tax assessments
place of taxation? b. Summon and obtain information or testimony
a. Source of income of persons
b. Citizenship of taxpayer c. Make assessments and prescribe additional tax
c. Residence of the taxpayer requirements
d. Amount of tax to be imposed d. Compromise abate and refund or credit taxes
19. An escape from taxation where the burden is e. Suspend the business operations of a taxpayer.
transferred by the one whom tax is assessed. f. .
g. .
III. Enumeration 7. Constitutional imitations of taxation
1. Principles of a sound tax system a. Due process of law
a. Fiscal Adequacy b. Equal protection of laws
b. Equality or Theoretical Justice c. Rule of uniformity and equity
c. Administrative Feasibility d. Non-impairment of contracts
2. Groups under the BIR deputy commissioner e. Origination of appropriation, revenue and tariff
a. Operations Group bills
b. Legal and Enforcement f. President’s power to veto
c. Information Systems Group g. No public money shall be appropriated for
d. Resource Management Group religious purposes
3. Inherent limitation of taxation h. No imprisonment for nonpayment of poll tax
a. Taxes may be levied only for public purposes 8. Objects of taxation
b. Tax legislation may not be delegated. a. Persons
b. Properties
c. Excise Objects
9. Purposes of Taxation
a. Revenue Purpose
b. Regulatory Purpose
c. Compensatory Purpose

IV. Taxable Income

1. 13th month pay in excess of P82, 000.


2. 10 days monetized sick leave credits of private
employees.
3. Statutory minimum wage of minimum wage earner
who has other reportable income.
4. Interest Income in bank deposit earned by duly
registered cooperative.
5. Separation pay due to voluntary resignation.
6. Money acquired through illegal means
7. Gains from the sale of bond with a maturity of 4 yrs.
8. Professional athlete’s salary.
9. 14th month pay of P32, 000 to complete the 13th
month pay and other benefits already received
amounting to P50, 000.
10. Board of Director’s fee.

V. Non- Taxable Income

1. Productivity incentive schemes arising from CBA,


P10, 000.
2. Overtime pay of a wage earner.
3. Amount Received in payment of moral damages due
to physical injuries.
4. Novel prize received due to civic achievement
contributions.
5. Income earned within the Philippines by the World
Bank.
6. P10, 000 productivity incentive bonus.
7. Annual clothing allowance of P5, 000.
8. Income of PAGCOR. – sabi sa book taxable daw wtf
9. Group insurance benefits.

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