WorksheetsReview For Taxation
Total questions: 74
Worksheet time: 1hrs 14mins
refers to the inherent power of the sovereign state to legislate for the protection of the health, welfare and morals of the community.
Police power
TAXATION POWER
is power emanating from necessity to preserve the State’s sovereignty.
Regulatory Purpose
Principles of Necessity
TAXATION POWER
Revenue Purpose
is the “lifeblood” or the “bread and butter” of the government and every citizen must pay his taxes. Taxes, being the lifeblood of the government, their prompt and certain availability are of the essenc
Regulatory Purpose
Principles of Necessity
TAXATION POWER
Revenue Purpose
refers to the power of the sovereign state to take private property for public purpose.
Eminent domain
Police power
TAXATION POWER
Principles of Necessity
The primary purpose of the taxation is to raise revenue by collection funds or property for the support of the government in promoting the general welfare and protecting its inhabitants.
Compensatory Purpose
Regulatory Purpose
Revenue Purpose
Also known as sumptuary is a secondary objective of imposing tax.
Compensatory Purpose
Regulatory Purpose
Revenue Purpose
A tax may be used to make up for the benefits received. For example, a tax on gasoline consumed is imposed on vehicle owners using roads. In the case, the tax is compensatory for the use of road.
Compensatory Purpose
Regulatory Purpose
Revenue Purpose
Based on the reciprocal duties, the government collects taxes from the subjects of taxation in order that it may be able to perform its function and provide service to them
Principles of Benefits-Received
NATURE OF TAXATION POWER
IMPORTANCE OF TAXATION
Principles of Necessity
An advantage accruing from anything. (It is subject to pay taxes yung interest na nagain natin halimbawa sa investment.
Interest
Tangible properties
Transaction
Privilege
Includes corporations, partnership and any association.
Juridical person
Right
Privilege
Tangible properties
The act of conducting activities related to any business or profession. It may involve selling, servicing, leasing, borrowing, mortgaging, lending.
Right
Privilege
Transaction
Interest
Refer to the subject to which taxes are imposed.
SCOPE OF TAXATION POWER
INHERENT LIMITATIONS
OBJECTS OF TAXATION
CONSTITUTIONAL LIMITATIONS
The power to enforce contributions to support the government, and other inherent powers of the State.
Regulatory Purpose
POLICE POWER
TAXATION POWER
Eminent domain
A power, faculty or demand inherent in one person and incidental to another
Transaction
Right
Privilege
Interest
A benefit derived through gratuitous transfer by fact of death or donation
Interest
Tangible properties
Transaction
Privilege
Refers to individual taxpayers
Tangible properties
Real properties
Juridical person
Natural person
Movable properties such as car and other personal belongings.
Real properties
Intangible propertie
Personal properties
Which may be felt or touched and re necessarily corporeal, either real or personal properties.
Intangible properties
Tangible properties
Transaction
Interest
Immovable properties such as land and buildings?
Juridical person
Personal properties
Transaction
Real properties
Properties that are “rights” rather than physical objects. Examples are patents, stocks, bonds, goodwill, trademarks, franchises, and copyrights.
Intangible properties
Personal properties
Transaction
Tangible properties
covers all (persons, businesses, professions, right and privileges)
Tax power
Comprehensive
Plenary
Unlimited
Are the natural restrictions to safeguard and ensure that the power of taxation shall be exercised by the government only for the betterment of the people whose interest should be served, enhanced and protected.
INHERENT LIMITATIONS
TAXES
SCOPE OF TAXATION POWER
DOUBLE TAXATION
In the absence of limitations provided by the law or the constitution, the power to tax is unlimited and comprehensive. Its force is so searching to the extent that the courts scarcely venture to declare that it is subject to any restrictions.
Plenary
Comprehensive
Limitations
Unlimited
The power of taxation is the most absolute of all the powers of the government.
INHERENT LIMITATIONS
SCOPE OF TAXATION POWER
TAXES
CONSTITUTIONAL LIMITATIONS
In so far as the selection of the subject of taxation
Supreme
Supremes
Supreame
Sapreme
States that the sources of revenues of the government should be sufficient to meet the demand of public expenditures regardless of business condition.
Fiscal Adequacy
Administrative Feasibility
Equality/Theoretical Justice
Justice
It is complete; BIR may avail of certain remedies to ensure collection of taxes.
Tax power
Comprehensive
Unlimited
Plenary
Tax laws must be convenient, just, uniform and effective in their administration – free from confusion and uncertainty. Their exercise should be convenient as to the place, time and mode of payment, and not burdensome or discouraging to business
Administrative Feasibility
Equality/Theoretical Justice
Are provisions of the fundamental law of the land that restrict the supreme, plenary, unlimited and comprehensive power to tax by the state. As a rule, the Constitution does not require the power to tax on the state
Tax power
Constitutional limitations
Unlimited
Plenary
Involves the act of administration and implementation of the tax laws by the executive through its administrative agencies as the BIR or Bureau of Customs.
Assesment
Assessment
Asessment
Asesment
This principle states that the tax burden must be proportionate the tax payer’s ability to pay.
Fiscal Adequacy
Administrative Feasibility
Equality/Theoretical Justice
This is double taxation in its strict sense.
Double Taxation
Double Tax Payer
Direct Duplicate Taxation
Indirect Duplicate Taxation
taxes involves the passage of tax laws or ordinances through the legislature. Strictly speaking, it refers to taxation of the tax policy of the Sovereign State
Levy or imposition
Assessment
Payment of tax
Justice
Lawful means; under this method, the tax payer uses legal or unlawful means to defeat,
Tax evasion
Tax avoidance/tax minimization
Is the process involving the act of compliance by the taxpayer in contributing his share to defray the expenses of the government. It is also called “tax collection,” the process of obtaining payment of tax.
Levy or imposition
Tax Payer
Payment of tax
Set Of Tax
Means an act of the sovereign by taxing twice for the same purpose in the same year upon the same property or activity of the same person, when it should be taxed once for the same purpose and with the same kind of character of tax.
Tripple Tax
Double Taxation
Payment of tax
Set Of Tax
Unlawful means (illegal).?
Levy or imposition
Tax evasion
Payment of tax
Tax avoidance/tax minimization
This is double taxation in its broad sense.
Double Taxation
Tax Payer
Payment of tax
Indirect Duplicate Taxation
Forced burdens, charges, exactions, impositions or contributions assessed in accordance with some reasonable rule of apportionment, by authority of a sovereign state, upon the person, property
TAXES DEFINED
ESCAPE FROM TAXATION
SITUS OF TAXATION
Tax avoidance/tax minimization
Taxes arise from law and could only be imposed even without previous agreement between the government and the taxpayers
Taxes are obligations created by law
Taxes are generally personal to taxpayer
The imposition shall not be dependent upon the will of a taxpayer;
Taxes are generally personal to taxpayer
Enforced contribution
Taxes are obligations created by law
Proportionate in character
Refers to the place of taxation, or the state or political unit which has jurisdiction to impose tax over its inhabitants
ESSENTIAL CHARACTERISTICS OF TAXES
TAXES
SITUS OF TAXATION
NATURE OF TAXES
Their payment should be borne specifically by the person with tax liability.
Taxes are generally personal to taxpayer
Taxes are obligations created by law
Taxes are the primary source of government funds to finance its expenditures and projects
Imposed for the purpose of raising revenue
Payable in form of money
Enforced contribution
Proportionate in character
The “ability to pay principle” is the basic rule in collecting taxes. Those who earn more contribute to the government’s coffer more than those with lesser earnings
Enforced contribution
Taxes are obligations created by law
Proportionate in character
The enforcement of tax is subject to territorial jurisdiction and international comity.
Imposed by the sovereign state within its jurisdiction
Used for a public purpose
Enforced on some persons, properties or rights
Money is the preferred payment of taxes.
Taxes Payable
Payable in form of money
Taxes are obligations created by law
Proportionate in character
These taxes are imposed for the purpose of achieving some social or economic goals having no relation to the raising revenue
Revenue or Fiscal
Compensatory
Regulatory, Special or Sumptuary
Money is taken from the public so it can be returned to them in the form of public benefits
Taxes Payable
Payable in form of money
Used for a public purpose
Enforced on some persons, properties or rights
These taxes are imposed solely for the purpose of raising revenue for the government
Revenue or Fiscal
Compensatory
Regulatory, Special or Sumptuary
These taxes are fixed amounts in proportion to the value of the property with respect to which the tax is assessed.
Ad Valorem
Specific
Taxes may be imposed for the equitable distribution of wealth and income in the society
Revenue or Fiscal
Compensatory
Regulatory, Special or Sumptuary
These taxes are imposed on personal or real property based on its proportionate value or in accordance with some reasonable method of apportionment
Property
Excise
Personal, Poll or Capitation
Those taxes collected by the National Government. Example of national taxes are:
1. Estate and Donor’s Taxes;
2. Income Tax;
3. Value – Added Tax;
4. Excise Tax;
5. Customs Duties; and
6. Documentary stamp Taxes.
National
International
Local or Municipal
These taxes are imposed upon the performance of a right or act, the enjoyment of a privilege or the engagement in an occupation
Exercises
Excise
Exercises
These taxes are non-transferable. They are demanded from persons who are bound by law to pay the tax.
Direct
Indirect
These taxes are fixed in amount and imposed on persons residing within a specified territory regardless of the amount of their property on their occupation or business (e.g. Community Tax);
Personal, Poll or Capitation
Property
Excise
These taxes are fixed amounts imposed and based on some standard of weight or measurement, head or number length or volume
Ad Valorem
Specific
The rate of the tax is based on a fixed percentage of the amount of the property, receipt or other basis to be taxed
Proportional or Flat Rate
Progressive or Graduated Rate
Regressive Rate
Digressive rate
A fixed rate is imposed on a certain amount but diminishes gradually on sums below it.
Proportional or Flat Rate
Progressive or Graduated Rate
Regressive Rate
Digressive rate
The rate of tax decreases as the tax base or bracket increases. There is no regressive tax in the Philippines.
Proportional or Flat Rate
Progressive or Graduated Rate
Regressive Rate
Digressive rate
Those taxes collected by the Municipal Governments. Examples of local or municipal taxes are:
Ø Community tax;
Ø Municipal licenses taxes;
Ø Professional tax; and
Ø Real estate tax.
Local or Municipal
National
International
The rate of the tax increases as the tax base or bracket increases
Proportional or Flat Rate
Progressive or Graduated Rate
Regressive Rate
Digressive rate
is any sanction imposed as a punishment for violations of law or acts deemed injurious.
Transfer Taxes
Mixed Tax
Regressive Rate
Penalty
refers to all funds or income derived by the government whether from tax or from other sources
Revenue
Mixed Tax
Regressive Rate
Debt
It is a tax system that uses a combination of the different tax rates.
Transfer Taxes
Mixed Tax
Regressive Rate
Proportional or Flat Rate
is a contribution enforced by the government primarily to restrain and regulate business or occupation.
License Fee
Digressive rate
Penalty
Debt
is an amount collected by the government for the purpose of reimbursing itself for certain extended benefits regarding construction of public works.
Tariff
Special Assessment
Tax Law
Custom duties
is an obligation to pay or render service for a definite future period of time based on contract.
Revenue
Documentary Stamp Tax
Business Taxes
Debt
Is a schedule of list of rates, duties or taxes imposed on imported goods
Tariff
Special Assessment
Tax Law
Custom duties
Is that body of laws which codifies all national tax laws including income, estate, gift, excise, stamp and other taxes.
Tax Law
Judicial
Custom duties
BIR Commissioner
Taxes imposed by the legislative body other than custom duties on imports.
Internal Revenue Law
Tax Law
Internal Revenue Taxes
Are imposition on imported goods brought into the country to protect local industry..
Tax Law
Tariff
Special Assessment
Custom duties
It includes all laws legislated pertaining to the national government taxes, which is embodied in the NIRC.
Internal Revenue Taxes
Tax Law
Internal Revenue Law
