The power to tax is primarily vested in the Congress however in our jurisdiction it may be exercised by local legislative bodies NO LONGER by virtue of a valid delegation as before but pursuant to direct authority conferred by

(a)  

The power to tax is inherently only with respect to the state, for the LGU's their power to tax is a

whats the difference of the power to tax of the state and the power to tax of LGU

Prescriptive period of assessment and collection of taxes are laid down in :

(a)  

Taxing the same person twice by the same jurisdiction for the same thing

(a)  

describe as direct duplicate taxation

(a)  

intended to established the principle of quality of international treatment by providing that the citizens or subject o the contracting nations may enjoy the privileges accorded by either party to those of the most favored nation

(a)  

as a rule, laws have no retroactive effect unless the contrary is provided

(a)  

eliminating double taxation

taxpayer is the person who must pay tax to the government and is referred as (a)   the one whom the tax is formally assessed.

means the point at which the tax burden finally rests or settles down and takes place when shifting has been affected from the statutory taxpayer to another

(a)  

exacted from the very person whom it is intended or desired and who should pay them; they are impositions for which a taxpayer is directly liable on the transaction or business he is engaged in

(a)  

those that are demanded in the first instance from, or are paid by one person in the expectation and intention that he can shift the burden to someone else

(a)  

payment of LESS THAN that known by the taxpayer to be legally due or the NON PAYMENT of tax when it is shown that the tax is due

(a)  

described as evil in a bad faith willful or deliberate and not accidental

(a)  

there is no tax evasion if there is NO FRAUD in FILING THE TAX RETURN

(a)  

can grant tax exemption

(a)  

RA NO. 11213 covers:

vetoed by the president due to issues on bank secrecy for fraud cases, automatic exchange of information and safeguards necessary to ensure that the asset and net worth declarations of the tax payer are truthful

(a)  

it has immunity from civil liability only and PROSPECTIVE in application

(a)  

immunity from all criminal, civil and administrative liabilities arising from the non payment of taxes and applies only to PAST tax periods hence RETROACTIVE in application

(a)  

____ and ___ must be strictly construed against the taxpayer and liberally in favor of the government

recent tax amnesty law

(a)  

well settle rule of STATUTORY CONSTRUCTION that tax laws should interpreted liberally in favor of the taxpayer and strictly against the government EXCEPT in the matter of tax exemption in which case the rule is reversed

(a)  

it imposes punishment for an offense committed against the state w/c under the constitution which the EXECUTIVE has the power to pardon

(a)  

all statutes which command or prohibit certain acts and establish PENALTIES for their violation and even those which without EXPRESSLY prohibiting certain acts impose a penalty upon their commission

(a)  

must be construed in STRICTISSIMI JURIS against the taxpayer and liberally in favor of the taxing authority

(a)  

2 taxing authorities

it is the heart of tax law

(a)  

whether the thing to be threatened by the appropriation of public revenue is

SOMETHING WHICH IS THE DUTY OFTHE STATE, AS A GOVERNMENT

(a)  

whether the law providing the tax DIRECTLY PROMOTES THE WELFARE OF THE COMMUNITY IN EQUAL MEASURE

(a)  

taxing power of the state

(a)  

can the state tax itself?

refers to any agency ORGANIZED AS A STOCK or non stock corporation vested with FUNCTIONS RELATING TO PUBLIC NEEDS whether GOVERNMENTAL OR PROPRIETARY IN NATURE and OWNED BY THE GOVERNMENT directly or THROUGH ITS INSTRUMENTLITIES either WHOLLY or where applicable as in the case of stock corporations to the extent of atleast 51% of its capital stock

(a)  

refers to any of the various units of government including DEPARTMENT, BUREAU, OFFICE, INSTRUMENTALITY or GOCC or a local government or a distinct unit therein

(a)  

agency of the national government NOT INTEGRATED WITHIN the DEPARTMENTFRAMEWORK VESTED within SPECIAL FUNCTIONS or JURISDICTION by law endowed with SOME IF NOT all corporate power administering special funds and enjoying operational autonomy

(a)  

can the local government impose tax on the national government and its property

prohibits lgu to impose taxes, fees, charges of any kind on the national government , its agencies and instrumentalities and lgu

(a)  

fundamental basis of the right to tax is the

it means the place of taxation or the place or the authority that has the right to impose and collect tax

(a)  

situs of different taxes

sec 1 article 3

invoked to invalidate in appropriate cases a revenue measure when it amounts to a CONTIFISCATISM OF PROPERTY

(a)  

2 components compromised of due process

it provides that the philippines adopts the generally accepted principles of international laws as part of the law of the land and adheres to the policy of peace, equality, justice, freedom,cooperation and amity with all nations

(a)  

the place where the PROPERTY IS LOCATED .

(a)  

law of the place where the property is situated

(a)  

where the personal property is physically located although the owner RESIDES IN ANOTHER JURISDICTION

(a)  

the PLACE WHERE THE OWNER IS LOCATED.

(a)  

determined BY THE NATIONALITY and RESIDENCE of the decedent or donor and the place where where the property is located

(a)  

the place where the act or business is performed or occupation is engaged in

(a)  

3 types of business tax

contract whereby the parties by making reciprocal concessions avoid a litigation or put an end to one already commenced

(a)  

3 factors of tax evasion

3 factors of tax evasion

taxation is the process of ____ and ___ tax by the LEGISLATURE to generate income needed by the government TO SUPPORT its programs, projects and TO SUSTAIN its operation

it do not give rise to the power to tax but merely IMPOSE LIMITATIONS on what would otherwise be an invincible power

(a)  

taxation may be used as an IMPLEMENT OF POLICE POWER IN ORDER TO PROMOTE THE GENERAL WELFARE OF THE PEOPLE

(a)  

progressive means of taxation, that the higher the taxbase ,the higher the tax one must pay

(a)  

taxation also covers the grant of tax exemptions and reliefs in order to encourage investments here in the philippines

(a)  

serves a toll by providing structure and mechanics for the imposition of emergency measures including tariffs to protect domestic industries producers from increased imports which inflict or could inflict serious injury on them

(a)  

intended to establish the principle of equality of international treatment by providing that the citizens or subjects of the contracting nations may enjoy the privileges accorded by either party

(a)  

two taxes must be imposed on the same subject matter, for the same purpose by the same taxing authority within the same jurisdiction during the same period and taxes must be of the same character

(a)  

prescriptive period of assessment and collection of taxes are laid down in :

(a)  

tax paid in the former is credited against tax levied in the latter

(a)  

focus is on the income or capital

(a)  

focus upon the tax

(a)  

means the point at which a tax is originally imposed

(a)  

income or capital which is taxable at the state of source or situs is exempted at the state of residence although in some instances it may be considered in determining the rate of tax applicable to the taxpayer remaining income capital

(a)