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MACMOD, CPA
Basic Principles of Taxation
LECTURE NOTES
BASIC PRINCIPLES OF MODERN TAXATION Courts cannot inquire into the wisdom of a taxing act.
A. Define Taxation Courts can only review the legality of the tax based on
1. As a state power: Taxation refers to the inherent the constitutional as well as inherent limitations and
power of a sovereign state acting through its other applicable laws.
legislature to impose a proportionate burden upon
persons, property rights or transaction to raise
revenue to support government expenditure and H. Sources of tax laws:
as a tool for general and economic welfare. 1.
2. As a process: Taxation refers to the act of 2.
imposing a tax by a sovereign state to raise 3.
revenue for government expenses. 4.
5.
B. What are the PURPOSES of taxation?
1. Primary purposes to raise funds for the expenses I. Construction and application of tax laws
of the government: (also called Revenue 1.
Purpose)
2. Secondary purpose: as a tool for general social
and economic welfare (also called 2.
Regulatory/sumptuary/Compensatory purpose)
C. Give the NATURE or CHARACTERISTICS of the J. What are the three inherent powers of the state?
taxing power 1.
1. It is inherent power of a sovereign state – being 2.
inherent in sovereignty, the state has the power to 3.
tax even if not expressly granted by the
constitution. J-1. Give the similarities and distinctions of Taxation,
2. It is legislative in character – taxation in generally Police Power and Power of Eminent Domain.
exercised by the lawmaking body of a state. Three inherent powers of a state:
3. It is subject to inherent and constitutional 1. Power of Taxation – refer to letter A
limitations. 2. Power of Eminent Domain – it refers to the
inherent power of a sovereign state to take private
D. What is SCOPE of the power of taxation? property for public use upon payment of a just
In the absence of inherent and constitutional compensation.
limitations, the power to tax is comprehensive & 3. Police Power – it refers to the inherent power of a
unlimited. As a rule, the state thru the congress can sovereign state to enact laws to promote public
tax any thing at any time and at any amount. health, public safety, public morals and the
1. Subject matter of the tax. common good.
2. Situs of taxation.
3. Purpose of the tax. SIMILARITIES:
4. Amount or rate of tax 1. They are indispensable to government existence.
5. Method of collection / Importance of Taxation 2. They can exist independent of the constitution.
3. They are the means by which the state interferes
E. Where does the power of taxation proceed from? with private rights and properties.
It proceeds from the necessity of the existence of the 4. They are generally exercised by the legislature.
government, and since it exists for the People, it can 5. They contemplate an equivalent compensation or
compel them to pay taxes. benefit.
The only thing that stands between a man and what he wants from life is often merely the Will to try it and the FAITH
to believe that it is possible. R. Devos
DISTINCTIONS:
PROFESSIONAL REVIEW and TRAINING CENTER, INC.
g. Exemption from taxation of non-stock, non-
Taxat Eminent Poli profit educational institutions and donations for
ion Domain ce Power educational purposes.
1. As to Imposed Imposed upon Imposed h. Concurrence by a majority of the members of
subject upon private upon Congress for passage of a law granting tax
persons, real persons, exemption.
property, properties property, i. The power of the President to veto a revenue
rights or rights or or tariff bill.
transaction transaction j. Non-impairment of the jurisdiction of Supreme
2. As to To raise To acquire For Court in tax cases.
purpose revenue for private regulation 3. Contractual limitations – these are restrictions
government property for and on the taxing power imposed by previously
expenses public control existing contracts entered into by the
use government with another party who may be
3. As to Generally Limited to the Limited to another state or its own citizens.
limitation unlimited fair the cost of
value of the license fee N. Give the steps/stages involved under taxation
expenses and other system.
of regulation property 1st : Imposition of taxes
control 2nd : Collection of taxes
4. As to act Taxpayers Private Enforcemen a. Assessment
involved pays taxes property is t of laws for b. Actual tax collection
taken for public c. Enforcement of tax laws/criminal prosecution for
public use welfare and wilful violation of tax laws
common 3rd: Payment of taxes
good
5. As to Protection & Person Protection & O. Define TAXES
benefits other receives a other Taxes are enforced proportional contributions levied by
receiv benefits from just benefits the state for the support of the government
ed by the the compensation from the
people government government
6. As to Inferior Superior Superior P. What are the essential characteristics, requisites
relationship or elements of a tax?
to non–
impairment Q. CLASSIFICATION of taxes
clause of 1. What are the kinds of taxes as to subject matter?
the a. Personal, poll or capitation tax – tax imposed on
constitut persons residing within a specific territory.
ion Example: Basic Community Tax
b. Property tax – tax imposed on property, whether
L. Enumerate and briefly define the real or personal.
principles/characteristics of a SOUND TAX SYSTEM Example: Real estate tax
1. c. Excise tax – tax imposed on the exercise of a right
2. or privilege. Also called “Privilege tax”
3. Example: Income tax, estate tax, donor’s tax, etc.,
4.
2. What are the kinds of taxes as to who bears the
M. What are the limitations on the power of burden?
taxation? a. Direct tax – tax imposed upon a person who is
1. Inherent limitations – those that restrict the power directly bound to pay it; tax which the taxpayer
of taxation even though not provided in the cannot shift to another.
constitution. Example: Income tax, estate tax, donor’s tax
a. Taxes must be for public purpose. b. Indirect tax – tax which forms part of the purchase
b. Exemption of government agencies and price; tax which the taxpayer can shift to another.
instrumentalities from taxation. Example: Excise tax on certain goods, other
c. Power to tax cannot be delegated to private percentage taxes, value added tax
persons or entities. 3. What are the kinds of taxes as to determination of
d. Tax laws do not apply to properties of foreign amount?
government. a. Specific tax – tax based on weight, number or
e. Tax laws should be applied within the territorial some other standards of weight or
jurisdiction of the state. measurement.
f. Double taxation should be avoided. Example: Excise tax on distilled spirits, wines,
2. Constitutional limitations – those that limit the cinematographic films
power of taxation as embodied in the constitution. b. Advalorem tax – tax imposed based on the value
a. Due process of law in taxation and equal of the taxable item.
protection of the laws. Example: Real estate tax
b. Rule on uniformity and equity in taxation. 4. What are the kinds of taxes as to purpose?
c. No imprisonment for non-payment of poll tax. a. General tax – tax imposed for general
d. Non-impairment of the obligation of contracts. purposes of the government.
e. No appropriation of public money for religious Example: Income tax, value added tax
purposes. b. Specific tax – tax imposed for a special
f. Exemption of religious, charitable, educational purpose or purposes.
entities, non-profit cemeteries and churches Example: Protective tariff and customs duties,
from property taxation. Special Educational Fund (SEF) Tax,
57. One of the following is NOT an inherent limitation: 71. A form of tax escape through which one is given tax immun
a. Taxes must be for public purposes wherein others are subjected to tax:
b. Equality in Taxation a. Shifting c. Tax exemption
c. Territoriality rule b. Tax immunity d. Tax avoidance
d. Rule on double taxation
72. A form of tax escape by a manufacturer or producer w
58. All of the following are exceptions to the territoriality doctrineimproves his proceeds of production thereby minimizing his u
which is not? production cost:
a. In case of taxation of resident or citizens of the Philippines.a. Tax avoidance c. Transformation
b. If provided under a treaty obligation. b. Capitalization d. Shifting
c. In case of International Comity.
d. In case of International organizations. 73. A waiver by the government’s right to collect tax:
a. Tax exemption c. Tax avoidance
59. Taxation is equitable in all of the following, EXCEPT: b. Tax amnesty d. Tax evasion
a. Its burden falls on those better to pay.
b. It is based on ability to pay. 74. A tax imposed based on the number:
c. It is based on benefits received. a. Income Tax c. Advalorem Tax
d. It is based on uniformity rule. b. Specific Tax d. Custom’s Duties
95. 1st Statement To be exempt from taxation under 100.theAll are sources of Public Revenues except:
Constitution land & buildings must be exclusively and actually a. Grants and Foreign aids
used for religious, educational or charitable purpose, even if not
b. Administrative revenues
directly. c. Commercial revenues
2nd Statement Exemptions of non-profit schools are only limited d. Taxes and tithes
to revenue and assets derived from strictly school operations.
a. True, True c. False, True 101. 1st statement- Taxation as a rule is unlimited, plena
b. False, False d. True, False comprehensive but not supreme.
2nd statement- Taxation has a dual nature, legislative
96. 1st Statement A taxpayer’s tax exempt status justifies the non-character & subject to limitations.
keeping of books of accounts & other accounting records. a. True, True c. False, True
2nd Statement Fiscal tax and regulatory tax are the same. b. False, False d. True, False
a. True, True c. False, True
b. False, False d. True, False 102. 1st statement- As a rule, the non-observance of the canons
taxation will make the tax imposition invalid.
97. 1st Statement Our Civil Code prevails over the Tax Code. 2nd statement- According to US Supreme Court Just
2 Statement Tax regulations promulgated by the Secretary ofMalcolm, Police Power is the strongest of all the powers of
nd
“ If you think you can find the passion and ready to take a chance.
If you really believe you can make it….
Then the Power is in your hands.”
Moment of Truth
By: Survivor