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Comprehensive Taxation Overview Guide

The document discusses taxation in the Philippines. It states that taxation is an exercise of sovereign power by the state and is vested in Congress to defray government expenses. It outlines several theories of taxation, including that taxes are necessary to fund government services. The purposes of taxation include promoting general welfare, regulating activities, reducing inequality, and encouraging economic growth. Principles of a sound tax system include fiscal adequacy, administrative feasibility, and theoretical justice based on taxpayers' ability to pay. Taxes can be levied on individuals, property, occupations, and are subject to restrictions on amount, purpose, and collection methods.
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0% found this document useful (0 votes)
38 views5 pages

Comprehensive Taxation Overview Guide

The document discusses taxation in the Philippines. It states that taxation is an exercise of sovereign power by the state and is vested in Congress to defray government expenses. It outlines several theories of taxation, including that taxes are necessary to fund government services. The purposes of taxation include promoting general welfare, regulating activities, reducing inequality, and encouraging economic growth. Principles of a sound tax system include fiscal adequacy, administrative feasibility, and theoretical justice based on taxpayers' ability to pay. Taxes can be levied on individuals, property, occupations, and are subject to restrictions on amount, purpose, and collection methods.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Taxation Reviewer

Taxation exercise of sovereign power, the inherent power of the state.


Taxation in act and inherent
- Power vested to Congress.
- Defray the expenses of the Government, (Defray; provide money to pay)

Revenue Funds Collected.

Apportioning (Distribution) The cost of Government to individuals who receive


benefits.

Theories of Taxation
1. Life Blood Doctrine - Tax is the life blood. Taxes should sustain the
existence of the government. In need to inherent power to taxes.
2. Necessity Theory - There is a need to connect taxes for the Government
to give services to function.
3. Symbiotic Relationship - This involves the power of the State to
demand and receive taxes based on the reciprocal duties of support and
protection between the State and its citizen.
- Martial Doctrine - Pertains to the power to tax, also has true power to
destroy. (Example: In terms of Regulation)

“Taxation can be the implement to police power.”

- Holmes Doctrine - the power to tax is NOT the power to destroy but
BUILD and encourage business, as well as to contribute progress of the
economy. (Example: Creation of Economic Zones- BMA)

Purpose of Taxation
1. Promotion of General Welfare - Implement of Police power (not as to
the number but more of a purpose) The public in Character.
2. Regulation - Rehabilitation and Stabilization of Public Interest.
3. Reduction of Social Inequity - Progressive system of Taxation.
4. Encourage Economic Growth - Tax exemption Reliefs.
5. Protectionism - Importations; tariffs; and nature customs.
- Tariff’s purpose is to protect local industries.
 Inherent Attribute
 Legislative in Character
 Subject to constitutional & Inherent Limitation)

Characteristics
 Comprehensive
 Unlimited
 Plenary – the law enacted is clear already.
 Supreme – it can select individuals or subject exempt covers.

Principles of Sound Tax System


1. Fiscal Adequacy – amount to be collected.
- Revenue must be sufficient.
2. Administrative Feasibility – Effectively enforced with the least
inconvenience to the taxpayers. (Easily implemented)
- Self-assessment, easy to understand and comprehend.
3. Theoretical Justice – taxpayer’ ability to pay under progressive system.
4. Unconstitutional Tax Law – once contracted or signed it cannot be
change.
- Not uniform & equitable.

Scope and Limitations


1. Person, property, Occupation (Any is covered by tax)
2. Amount
3. Purpose – (Public purpose)
4. Kind of Tax – Direct; Indirect, specific or ad valorem (ad valorem – tax
base on the value)
5. Personal, property or privilege.
- Personal could be an individual
- Property could be Real Property Tax
- Privilege – Permit, business tax will be imported.
6. Apportionment – Form of collection, a certain form of tax; General or
limited.
7. Situs/Territoriality – all the things that happen within the area are
subject to pay tax. Subject Territoriality to pay taxes.
8. Method of Collection.
Legal interest – 6% per annum

Power of Eminent Domain – Private property, for public use.

Congress enacts laws pertaining to tax.

- Fiscal Adequacy – adequate to fund the government functions or


programs.
- Administrative Feasibility – Effectively enforced with the least
inconvenience to the taxpayers. (is it feasible for the Government to
propose.)
o Procedures, Payments.
- Theoretical Justice – Ability to pay theory.

Situs of Taxation
Territoriality – the place or authority that has the right to impose and
collect taxes.

- Government is exempted from taxation.


o Inherent Limitation – only those covered by the jurisdiction of the
PH government.

Situs of Income Taxes


1. Sources within the Philippines – all kind of taxpayers; derived from
activity within.
2. Sources outside the Philippines – only resident citizen and domestic
Corporation.
3. Partly within the part outside Philippines – determined by the
secretary of Finance.
- Example: Products made in PH for export.

Property Tax
1. Real property – where the property is located (Lex situs – where it is
located is the subject of protection.)
2. Personal Property – movable, follows the person (Domain of the person)
3. Partly within and partly outside PH –
Excise Tax
1. Estate Tax – Transfer of Property.
a. Citizen/Resident Alien; taxed in properties whenever restricted.
b. Non-resident alien: taxed on properties situated in PH.
2. Donor’s Tax – same status and location at the time of donation.

Situs of Business Taxes


1. On the sale
a. Real property – where located.
b. Personal Property – where perfected (Consummated; Constructive
delivery)
2. Value added Tax (VAT) – where transaction was made.

Stages of Taxation
1. Levy of Imposition (Tax Legislation) - The tax laws to be passed shall
determine those to be taxed (person, property or rights), how much is to
collect (the rate and the base of tax), and how taxes are to be
implemented (the manner of imposing and collecting tax, i.e. tax
remedies).
2. Assessment and Collection - This process involves the act of
administration and implementation of tax laws by the executive through
its administrative agencies such as the Bureau of Internal Revenue (BIR)
or Bureau of Customs (BOC).
3. Payment - This process involves the act of compliance by the taxpayer in
contributing his share to pay the expenses of the Government.
4. Refund - This is a process of claiming for tax illegally collected or
mistakenly paid.

Inherent Limitation of Taxation

Purpose for Public Nature

International Committee (Sovereign Equal)

Non-Deferability (Inherently Legislative) - the authority of tax power is


congress.

Exemption – government is exempted from taxation.

Situs Territoriality – within PH is subject to Tax.


“The Government can be taxed by their proprietary activities.” (Proprietary; an
owner)

Requisites for a valid Tax


a. Jurisdiction – jurisdiction of the covered authority.
b. Assessment and collection – guarantee notice and hearing that are
reasonable.
c. Uniform – applicable to all in the same class.
d. Limitation – should not violate inherent and constitutional limitations.

Common questions

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The fiscal adequacy principle in a sound tax system requires that the revenues collected through taxation be sufficient to fund the essential functions and programs of the government. This implies that tax laws and policies must be designed to generate enough income to cover governmental expenditures, ensuring the government can perform its duties effectively without resorting to excessive borrowing or destabilizing economic policies .

The stages of taxation include levy and imposition, assessment and collection, payment, and refund. Levy and imposition involve the legislative process of establishing tax laws that specify who is taxed, the tax rate, and collection methods. Assessment and collection are administered through agencies like the Bureau of Internal Revenue, ensuring compliance and enforcement. The payment stage requires taxpayer contribution to government expenses. The refund process addresses tax overpayments or errors, maintaining taxpayer rights and system integrity. Together, these stages create a structured tax system that ensures revenues are efficiently collected and attributed to governmental functions .

The Holmes Doctrine is significant in fostering economic development as it articulates a taxation philosophy that sees fiscal tools as means to encourage business growth and economic progress rather than merely as revenue sources. By supporting measures like tax incentives for businesses, exemption reliefs, and economic zones, this doctrine recognizes taxation as a strategic lever for national development. Such policies can stimulate investment, drive job creation, and advance industrial development, aligning tax strategies with broader economic objectives .

Administrative feasibility in a sound tax system refers to the ease with which tax laws can be implemented, enforced, and complied with by taxpayers. It is crucial for ensuring that the tax collection process does not impose excessive burdens on taxpayers or the administration. This includes straightforward procedures, clear guidelines, and efficient tax collection methods that minimize inconvenience. Such system attributes enhance the taxpayer's experience by making compliance simpler and reducing the likelihood of errors or disputes, ultimately contributing to better taxpayer satisfaction and system credibility .

Situs Territoriality determines the geographical boundaries within which taxes are applicable in the Philippines. It implies that all transactions, incomes, or activities occurring within the territorial jurisdiction of the Philippines are subject to its tax regulations. This ensures that both domestic and certain international activities conducted within the country are captured under the national tax regime, preserving revenue flow from in-country economic activities. Situs also dictates how tax responsibilities are apportioned based on a property's location or transaction locality, ensuring legal and operational tax adherence .

Progressive taxation contributes to the promotion of general welfare by redistributing wealth from higher-income taxpayers to fund public services and social programs that benefit all societal classes, particularly the disadvantaged. By narrowing income disparities, it alleviates poverty and increases access to essential services such as education, healthcare, and infrastructure, which uplift community living standards. This redistribution fosters social stability and cohesive development, thus reinforcing the state's capacity to provide for the common good .

Tax exemptions and reliefs are essential tools within taxation policy designed to stimulate economic growth by reducing the fiscal burden on certain industries or sectors, thus encouraging investment and expansion. These measures can improve competitiveness and innovation by providing businesses with additional capital for development. In terms of protectionism, they serve as barriers to shield domestic markets from foreign competition, fostering internal markets by leveling the competitive playing field. Consequently, they contribute to stronger local industries and broader economic resilience, aligning economic policies with strategic growth and self-sufficiency objectives .

The Symbiotic Relationship theory of taxation emphasizes the reciprocal duties of support and protection between the State and its citizens, where the State has the power to demand and receive taxes from its citizens. It is based on the premise that in return for the services and protection provided by the government, citizens have a responsibility to support the State financially through taxation .

The Holmes Doctrine argues that the power to tax is not fundamentally destructive but can be used constructively to build and encourage business and economic progress. This contrasts with the Martial Doctrine, which recognizes taxation as potentially destructive, similar to regulatory powers. Economically, the Holmes Doctrine suggests that strategic tax policies can be designed to foster economic development, such as through the creation of economic zones, whereas the Martial Doctrine warns of taxation's capacity to stifle economic activities if not carefully balanced .

A progressive system of taxation is designed to impose higher tax rates on individuals with greater income, thus ensuring a fair distribution of tax burden. This system aids in reducing social inequity by requiring wealthier individuals and entities to contribute a larger share of their income to the funding of government services and programs that benefit society at large, including lower-income groups. This redistribution of resources helps promote social welfare by providing more equal access to public goods and services, thereby narrowing the wealth gap between different segments of society .

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