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01

PRINCIPLES OF TAXATION
REX B. BANGGAWAN, CPA, MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

REX B. BANGGAWAN, CPA MBA

DEFINITION OF TAXATION
1. Taxation as a power – refers to the inherent power of the state to demand enforced contribution for public purpose to
support the government.
2. Taxation as a process – the legislative act of laying a tax to raise income for the government to defray its necessary
expenses
3. Taxation as a mode of cost allocation – taxation is a means of allocating government burden to the people

TAXATION AS A POWER OF THE GOVERNMENT

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The Inherent Powers of the State
1. Power of Taxation – the power to take property for the support of the government and for public purpose
2. Police Power – the power to enact laws to promote the general welfare of the people. It is wider in application because

IE
it is the general power to make laws.
3. Power of Eminent Domain – the power to take private property for public use upon payment of just compensation

Differences and similarities

Point of Difference
Exercising Authority
Necessity of
Delegation
Taxation
Government
Delegation is not
necessary since it is
EV
Police Power
Government
There must be delegation
before local governments
Eminent Domain
Government or private entities
There must be due delegation
before local government or
inherent could exercise it private party may exercise it
Purpose Revenue and support of Protection of well-being of Property is taken for public use
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the government the people
Persons affected Community or class of Community or class of Operates on the owner of the
individuals individuals property
PA

Effect of transfer of Money paid as taxes There is no transfer of There is transfer of right to
property rights becomes part of the title, at most there is property whether it be of
public fund restraint on the injurious ownership or lesser right
use of property
Amount of Imposition Unlimited Sufficient to cover the No imposition, the owner is
costs of regulation paid the fair market value of
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his property
Importance Most important of the Most superior
three
Relationship with the Inferior to the “Non- Superior to the “Non- Superior and may override the
EO

Constitution Impairment Clause” of the Impairment Clause” of the “Non-Impairment Clause”

Constitution Constitution because the welfare of the
state is superior to private
contracts
Limitation Constitutionally and Public interest and the Public purpose and just
inherently restricted requirement of due compensation
process
R

Similarities of the Three Powers

1. All three powers are necessary attributes of sovereignty, resting upon necessity
2. all are inherent powers of the State
3. All are legislative in nature
4. They are ways in which the State interferes with private rights and property
5. They exist independently with the Constitution although the condition for their exercise may be prescribed or limited by
the Constitution
6. They all presuppose an equivalent compensation received by the persons affected by the exercise of the power, whether
directly, indirectly or remote.
7. The exercise of these powers by the local government units may be limited by national legislature
*Police power can be used to raise revenue for the government (ex: license fee)

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

TAXATION AS A PROCESS

The Stages of Taxation

1. Levy or Imposition Impact of taxation Aspects of
2. Assessment of tax Taxation
- these all comprise the taxation system Incidence of Taxation

How exercised?
- Legislation of laws by Congress and tax ordinances by the Local Sangguanian
- Tax collection by the administrative branch of the government

Discretion of the Taxing Power- this extends to:

1. amount or rate of the tax 5. situs of taxation
2. kinds of tax to be collected 6. method of collection

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3. apportionment of the tax 7. purposes for its levy, provided for public purpose
4. the person, property and excises to be taxed, provided within it jurisdiction

TAXATION AS A MODE OF COST ALLOCATION

IE
The Life Blood Doctrine
Taxes are indispensable to the existence of the state. Without taxation the state cannot raise revenue to support is
operations.

Nature or Characteristics of the Power of Taxation

1. for public purpose
2. inherently legislative in nature
EV
5. exaction payable in money
6. territorial
3. subject to international comity or treaty
4. not absolute being subject to constitutional and inherent limitations
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Purpose of Taxation
1. Primary purpose – to raise revenue
2. Secondary purposes
a. Regulatory
PA

- To regulate the conduct of businesses or professions

- To achieve economic and social stability
- To protect local industries
b. Compensatory
- Key instrument of social control - Check inflations
- Reduces inequities in wealth distributions - Tools on international bargains
C

- Strengthens anemic enterprises - Promotes science and inventions

- Provides incentives
- Uses as implement in the exercise of police power to promote general welfare
EO

TAXATION AS A MODE OF GOVERNMENT COST ALLOCATION

Modes of Cost Allocation

1. Benefit Received Theory
- tax payment should be based on benefits received
- everyone is conclusively presumed receiving benefits from the government
2. Ability to Pay Theory
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- tax payments should be based relative to the ability of taxpayers to pay

- assessments of ability to pay:
a. vertical equity
b. horizontal equity

The Theory and Basis of Taxation

a. Theory - The existence of the government is a necessity and it cannot continue without means to support itself.
b. Basis - The government and the people have the reciprocal and mutual duties of support and protection.

THE SCOPE AND LIMITATIONS OF TAXATION

The Scope of Taxation

Taxation is supreme, comprehensive, unlimited and plenary. It includes the power to destroy

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

Current Objects of Taxation

1. businesses 4. rights 7. properties
2. interests 5. acts 8. privileges
3. transactions 6. Persons

LIMITATIONS OF TAXATION POWER

A. Constitutional Limitation
1. observance of due process of law
2. equal protection of the law
3. uniformity in taxation
4. progressive scheme of taxation
5. non-imprisonment for non-payment debt or poll tax
6. non-impairment of obligation and contract
7. free worship rule

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8. non-appropriation of public funds or property for the benefit of any church, sect or system of religion
9. exemption of religious, charitable or educational entities, non-profit cemeteries, churches and mosque from property
taxes.
10. exemption from taxes of the revenues and assets of non-profit, non-stock educational institutions including grants,
endowments, donations or contributions for educational purposes

IE
11. concurrence of a majority of all members of Congress for the passage of a law granting tax exemption
12. non-diversification of tax collections
13. non-delegation of the power of taxation
Exception:
EV
a. power to tax was delegated to the President under the Flexibility Clause of the Tariff and Customs Code
b. power to tax was delegated to the local government units under the Local Government Code
c. matters involving the expedient and effective administration and implementations of assessment and collection
of taxes or certain aspects of taxing process that are not legislative in character
14. non-impairment of the jurisdiction of the Supreme Court to review tax cases
15. appropriations, revenue or tariff bills shall originate exclusively in the House of Representatives but the Senate may
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propose or concur with amendments
16. each local government unit shall exercise the power to create its own sources of revenue and shall have a just
share in the national taxes
PA

B. Inherent Limitation
1. territoriality of taxation
2. subject to international comity or treaty
3. tax exemption of the government
4. tax is for public purpose
5. non-delegation of the power of taxation
C

*The last 2 limitations are also Constitutional limitations

SITUS OF TAXATION
EO

The place of taxation

Factors that determine the situs of taxation

1. nature, kind or classification of the tax 5. sources of income
2. subject matter of the tax 6. place of exercise, business or occupation being taxed
3. citizenship of the taxpayer 7. place where income-producing activity was held or done
4. residence of the taxpayer
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Applications of situs
1. persons – residence of the taxpayer
2. community development tax – residence or domicile of the taxpayer
3. business taxes – where the business was conducted or place where the transaction took place
4. privilege or occupation tax – where the privilege is exercised
5. real property tax – where the property is located
6. personal property taxes –
a. tangible – where they are physically located
b. intangible – domicile of the owner unless the property has acquired a situs elsewhere
7. Income – place where the income is earned or residence or citizenship of the taxpayer
8. Transfer Taxes – residence or citizenship of the taxpayer or location of the property
9. Franchise Taxes – State that grants the franchise
10. Corporate Taxes – depend on the law of incorporation

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

DOUBLE TAXATION
Taxing the object or subject within the territorial jurisdiction twice, for the same period, involving the same kind of tax by the
same taxing authority
Kinds:
1. Direct Double Taxation – this objectionable and prohibited because it violates the constitutional provision on uniformity
and equality
2. Indirect Double Taxation – no constitutional violation. Ex: taxing the same property by two different taxing authority
International Double Taxation –a double taxation caused by two different taxing authorities, one domestic and one foreign
Remedies to Double Taxation
1. provision for tax exemption
2. allowance for tax credit
3. allowance for principle of reciprocity

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4. enter into treaties or agreements with foreign government

FORMS OF ESCAPE FROM TAXATION

A. Those that will not result in loss of revenue to the government

IE
1. Shifting –the process of transferring the tax burden from the statutory taxpayer to another without violating the law.
2. Capitalization – the seller is willing to lower the price of the commodity provided the taxes will be shouldered by
the buyers
3. Transformation – the manufacturer absorbs the additional taxes imposed by the government without passing it to
the buyers for fear of loss of his market. Instead, it increases quantity of production, thereby turning their units of

B. Those that will result to loss of revenue to the government

EV
production at a lower cost resulting to the transformation of the tax into a gain through the medium of productions.

1. Tax Evasion – tax dodging – resorting to acts and devices that illegally reduces or totally escape the payment of
taxes that are due to the taxpayer. They are prohibited and are therefore subject to penalties.
2. Tax Avoidance –tax minimization scheme – the reduction or totally escaping payment of taxes through legally
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permissible means that are not prohibited and therefore are not subject to penalties.
3. Tax Exemption- an immunity, privilege or freedom from payment of a charge or burden to which others are obliged
to pay.
PA

Kinds of Exemptions:
1. Express- granted by the constitution, statute, treaties, ordinance, contracts or franchise
a. constitutional
b. statutory
c. contractual
2. Implied – exempted by accidental or intentional omission
C

3. Total-exemption from all taxes (OFWs)

4. Partial –exemption from certain taxes, partially or totally

Grounds for Exemption

EO

1. It may be based on a contract

2. It may be based on grounds of public policy - ex: granting of exemptions to rural banks, and sweepstakes or lotto
winnings
3. It may be based on some grounds to foster charitable and other benevolent institutions
4. It may be created under a treaty on grounds of reciprocity
5. It may be created to lessen the rigors of international double or multiple taxation
R

Distinction between tax evasion and tax avoidance

Tax Evasion Tax Avoidance
It is a scheme used outside of those lawful means It is a tax saving device within the means sanctioned by law
and when availed of, it usually subjects the taxpayer
to penalties
It is accomplished by breaking the law Accomplished by legal procedures and do not violate the law
It connotes fraud, deceit and malice No fraud is involved

Tax Exemptions:
 is not automatic
 is non-transferable
 is revocable by the government (except when granted under a valid contract or by the Constitution)
 rule shall be uniform

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

 does not contravene the Lifeblood Doctrine

 is always disfavored
 is allowed only under a clear and unequivocal provision of the law
 on real property tax will be based on the Doctrine of Usage and not Doctrine of Ownership, except for real properties
owned by the government which is absolutely exempt form taxation
 on real property tax cannot be granted by local governments but can condone real property tax liabilities in special
cases
 on local taxes can be granted by local governments but they cannot condone existing liabilities on local taxes

Fundamental Doctrine in Taxation

1. No court may enjoin the collection of taxes
2. Claim for exemptions shall be interpreted strictly against the taxpayer
3. A law that permit deduction from the tax base is strictly construed against the taxpayer
4. Tax assessment are presumed to be correct and done in good faith
5. Tax laws are generally prospective in application

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6. Tax are not subject to compensation or set-off
7. Refund of taxes do not earn interest because interest do not run against the government

Distinction between Tax Amnesty and Tax Condonation

Tax Amnesty – a general pardon or intentional overlooking by the state of its authority to impose penalties on persons

IE
otherwise guilty of tax evasion or violation of tax laws. The purpose is to give the erring taxpayer a chance to reform and
become part of the society with a clean slate.

Tax Condonation – means to remit or to desist or refrain form exacting or imposing a tax. It cannot extend to refund of
taxes already paid when obtaining condonation.

Tax Exemption
There is no tax liability at all
EV
Tax Amnesty
Connotes condonation from payment of existing tax liability
The grantee need not pay anything The grantee pays a portion
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Can be availed of by any qualified taxpayer Not always available

PRINCIPLES OF A SOUND TAX SYSTEM

a. Fiscal Adequacy – sources of revenue should be sufficient to meet the demand for public expenditure
b. Administrative Feasibility - tax laws must be capable of convenient, just and effective administration
PA

c. Theoretical Justice - tax must be imposed with equity and certainty and must consider the taxpayers ability to pay and
benefits received
- Non-observance of the principles does not necessarily render a tax levy unconstitutional.

TAXATION AND ECONOMIC EFFICIENCY

1. Income effect – makes people economically efficient (ex: transformation)
C

2. Substitution effect – makes people economically inefficient (ex: indirect taxes)

Illustration
EO

1. The primary purpose of taxation is:

a. To enforce contribution from its subject for private purpose
b. To raise revenue for the government
c. To achieve economic and social stability
d. To regulate the conduct of business or profession

2. Select the incorrect statement.

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a. the power of eminent domain may be exercised by any private entity

b. by police power, the property taken is destroyed
c. by eminent domain, the property taken is preserved
d. eminent domain and taxation affects only property rights

3. What is the theory of taxation?

a. Necessity c. reciprocal duties of support and protection
b. Constitutionality d. public purpose

4. What is the basis of taxation?

a. Constitutionality c. necessity
b. public purpose d. reciprocal duties of support and protection

5. The point in which tax is levied is called?

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

a. Impact of taxation c. Incidence of taxation

b. Situs of taxation d. Assessment

6. When the impact and incidence of taxation are merged into the statutory taxpayer, the tax is called?
a. personal tax c. indirect tax
b. direct tax d. national tax

7. Which of the following is an administrative act in taxation?

a. Collection of taxes c. Determination of the subject of the tax
b. Fixing the rate of the tax d. Determination of the purpose of the tax

8. I. Taxation is the rule; exception is the exemption.

II. Police power may be used to implement the taxation power of the state.
a. I is true c. I and II are true
b. II is true d. I and II are not true

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9. Which of the following depicts taxation being used to implement police power?
a. Oplan Kandado enforced against taxpayer not issuing BIR receipts
b. Prohibition of smuggling and the seizure of smuggled goods
c. Levy of exorbitant excise taxes on sin products

IE
d. All of the above

10. Select the incorrect statement.

a. the power to tax includes the power to exempt
EV
b. exemption is construed against the taxpayer and in favor of the government
c. tax statutes are construed against the government in case of doubt
d. taxes should be collected only for public improvement

11. Which of the following is delegated?

a. Levy or imposition of tax by the national government
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b. Assessment and collection of taxes by the national government
c. Levy or imposition of ordinance by the local government
d. Assessment and collection of local taxes by the local government
PA

12. Businesses of the State should not be taxed under the inherent limitations as it will not yield additional revenue to the
State but taxing private businesses to the exclusion of State businesses will violate the equality doctrine of the
Constitution. Considering that taxes are essential to the government, what must be done?
a. Exempt businesses owned by the State
b. Exempt both State and private businesses following the Constitutional limitations are superior to the Lifeblood
Doctrine.
C

c. Tax both State and private businesses. The inherent limitations may be disregarded by applying the constitutional
limitations.
d. None of these
EO

13. Which of the following is violative of the principle of non-delegation?

a. Requiring that legislative enactment must exclusively pertain to Congress
b. Authorizing the President to fix the amount of impost on imported and exported commodities
c. Authorizing certain private corporation to collect taxes
d. Allowing the Secretary of Finance and the BIR to issue regulation or rulings which go beyond the scope of a tax law

14. Which of the following violates Constitutional provisions?

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a. Payment of salaries to priests or religious ministers employed by the Armed Forces of the Philippines
b. Imposing tax on properties of religious institutions which are not directly and exclusively used for religious purposes
c. Imposition of license for the sale of religious literature
d. Authorizing the President of the Philippines to fix the rates of tariffs or imposts

15. Concerned with increasing unemployment rates in the country, the President of the Philippines encouraged the
Philippine Senate to pass a law granting special tax privileges to foreign investors who will establish businesses in the
country. The Senate accordingly drafted the bill and passed to Congress for approval.

Is this valid exercise of taxation power?

a. Yes. It is the discretion of the President to adopt any measures he deemed necessary to alleviate poor conditions
in the country.
b. Yes. Any means beneficial to the public interest should be given optimum priority.

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REX B. BANGGAWAN, CPA MBA

FUNDAMENTAL PRINCIPLES OF TAXATION

c. Yes. The President’s proposal will have to be finally approved and passed by the legislature. The rule on non-
delegation of taxation would not be violated.
d. No. Tax bills shall originate from the House of Representatives.

16. Ram is the only practicing lung transplant specialist in Baguio City. The City Government of Baguio passed a local
ordinance subjecting the practice of lung transplant to 2% tax based on receipts. Ram objected claiming that other
transplant specialists in other regions of the country are not subjected to tax.

Is Ram’s contention valid?

a. Yes, because the rule of taxation should be uniform and equitably enforced.
b. Yes, because Ram is the only one subject. Other practitioners who would later practice would not be covered by
the ordinance.
c. No, because the ordinance would cover all transplant specialist who would practice in Baguio City. The uniformity
rule would not be violated.
d. No, because subjecting the new industry to taxation would hamper economic growth.

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17. With the country under incessant shortage of sugar, the Philippine Congress enacted a law providing tax exemptions
and incentives to cane farmers without at the same time granting tax exemptions to rice farmers who produce the
staple food of the Philippines. Is the new law valid?
a. Yes, since there is a valid classification of the taxpayers who would be exempted from tax.

IE
b. Yes, since sugar is more important than rice.
c. No, since the grant of exemption is construed in favor of taxpayers.
d. No, because there is no uniformity in the grant of tax exemption.

valid?
EV
18. Congress passed a law subjecting government-owned and controlled corporations (GOCCs) to income tax. Is the law

a. Yes, because all government agencies and instrumentalities are subject to tax.
b. Yes, because GOCCs are not government agencies and are essentially commercial in nature.
c. No, because government agencies are exempt. This would pose a violation of the equality clause in the constitution.
d. No, because GOCCs are constitutionally exempted from paying taxes.
R
19. An educational institution operated by a religious organization was being required by a local government to pay real
property tax. Is the assessment valid?
a. Yes, with respect to all properties held by such educational institution.
PA

b. Yes, with respect to properties not actually devoted to educational purposes.

c. No, with respect to any properties held by such educational institution.
d. No, with respect to properties not actually devoted to educational purposes.

20. Requiring non-resident aliens residing outside the country to file tax returns here in the Philippines would more likely
result in
C

a. violation of constitutional limitation.

b. violation of inherent limitation.
c. violation of both inherent and constitutional limitations.
d. no violation.
EO

21. There is a proposal to levy tax upon texting. If there are 400 representatives and 260 attended the deliberation for
approval of the tax bill, how many dissenting vote is required to kill the bill?
a. 260 c. 230
b. 231 d. 201

22. The Japanese government invested P100,000,000 in a domestic bank and earned P10,000,000 interest. Which is
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correct?
a. The income is exempt on grounds of territoriality.
b. The income is exempt due to international comity.
c. The income is subject to tax on the basis of sovereignty.
d. The income is subject to tax because the income is earned within the Philippines.

23. The City of Manila, claiming that it can impose taxes under the Local Government Code, imposed a tax on banks (in
addition to percentage tax on banks imposed in the National Internal Revenue Code). The banks within the City of
Manila objected for the various reasons given below. Which would justify the objection of the banks?
a. Uniformity in taxation c. The power of taxation cannot be delegated
b. The rule of double taxation d. None of these

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FUNDAMENTAL PRINCIPLES OF TAXATION

24. Some franchise holders who are paying the franchise tax are being required by an amendatory law to pay the value-
added tax, while others remain subject to franchise tax. Which of the following provisions makes the law
unconstitutional?
a. No law shall be passed impairing the obligations of contract
b. The rule of taxation shall be uniform
c. No person shall be deprived of property without due process of law
d. None of the above.

25. All forms of tax exemptions can be revoked except tax exemption based on
I. Constitution II. Contract III. Law
a. I only c. I and II only
b. II only d. I, II and III

26. The test of exemption of real properties owned by religious or charitable entities from real property taxes is
a. Usage c. Location

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b. Ownership d. Either ownership or location

27. Which of the following tax privileges can be withdrawn?

a. Income tax exemption of non-profit educational institution
b. Real property tax exemption of religious, charitable and educational entities

IE
c. Taxpayer’s right to due process and equal protection
d. Tax exemption granted by law

28. Which of the following is not legally tenable in refusing to pay a tax imposition?
a. Violation of taxpayer’s right of due process of law.
b. The taxing authority has no tax jurisdiction.
c. The prescriptive period of assessment has elapsed.
EV
d. That there is no benefit that can be derived from the tax.

29. A law was passed by Congress which granted tax amnesty to those who have not paid income tax for a certain year
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without at the same time providing for the refund of taxes to those who have already paid them. The law is:
a. Valid because there is a valid classification.
b. Not valid because those who did not pay their taxes are favored over those who have paid their taxes.
c. Valid because it was Congress who passed the law and it did not improperly delegate the power to tax.
PA

d. Not valid because only the President with the approval of Congress may grant amnesty.

30. Which is not an element of double taxation?

a. Taxing authority c. Tax type
b. Tax period d. Tax rates
C

31. Which is not an instance of a double taxation?

a. Taxes by the national government on business where one is based on sales and the other on the income from such
sales.
b. A tax imposed upon fishing and fishpond operations.
EO

c. Business taxes imposed by the national government and the local government.
d. None of these

32. Who is not subject to Philippine personal tax?

a. Resident alien c. Non-resident citizen
b. Resident citizen d. None of these
R

33. A resident citizen had the following business sales during the month:

Sales Income
Philippine sales P 2,000,000 P 800,000
Singapore sales 1,500,000 400,000
Total sales P 3,500,000 P 1,200,000

Compute the income subject to tax.

a. P 3,500,000 c. P 2,000,000
b. P 1,200,000 d. P 800,000

34. What is the amount subject to Philippine business tax?

a. P3,500,000 c. P1,500,000
b. P2,000,000 d. P 0

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FUNDAMENTAL PRINCIPLES OF TAXATION

35. A resident citizen had the following properties:

Philippine properties P 2,000,000

Properties in Hong Kong 1,500,000
Total sales P 3,500,000

What is the amount subject to Philippine property tax?

a. P3,500,000 c. P1,500,000
b. P2,000,000 d. P 0

36. Mr. Kang, an Indonesian national, sold to his OFW friend in Indonesia his car which they agreed to be delivered to the
Philippines within 30 days after import documentation are completed. Mr. Kang realized a P300,000 income on the
sale. Which is correct?
a. The gain is subject to Philippine income tax since the goods are delivered in the Philippines.

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b. The gain is not subject to Philippine income tax since the income is earned outside the Philippines.
c. The gain is subject to Philippine income tax since the sale is made to a Filipino.
d. The gain is not subject to income tax since the seller is an alien who is not subject to Philippine tax.

37. A seller sold a piece of land to a buyer who agreed to pay P4,000,000. The sale is subject to a capital gains tax based

IE
on the selling price. In order of the seller to reduce his taxes, they executed a deed of sale which indicated a selling
price of P1,000,000. This is an example of
a. Tax minimization c. Tax loophole
b. Tax evasion d. Tax arbitrage
EV
38. Aldo has a property worth P1,000,000 which he intends to transfer to his son. Considering that disposal by sale would
be subject to capital gains tax of 6%, Aldo decided to donate the property in four parts of P250,000 over four years.
This is an example of
a. Tax minimization c. Tax loophole
b. Tax evasion d. Tax arbitrage
R
39. Claiming input VAT on personal transactions as credit against output VAT on sales in the course of business is an
example of
a. Tax minimization c. Tax loophole
PA

b. Tax evasion d. Tax arbitrage

40. A taxpayer had a family home worth P15M which he intends to transfer to his only son. Which of the following mode of
transfer results in optimum tax minimization?
a. Transfer mortis causa c. Sale transaction
b. Transfer inter-vivos d. Sale for insufficient consideration
C

41. Which of the following forms of escapes will more likely to result in loss of revenue to the government?
a. Shifting c. transformation
b. Capitalization d. tax exemption
EO

42. Tax minimization cannot be achieved by

a. Tax planning c. Maximization of tax credits and loss carry-overs
b. Selection of transaction d. Offsetting of losses and income of subsidiaries

43. Which of the following tax saving practices could result in a BIR assessment?
a. Practicing tax avoidance c. Engaging in tax dodging schemes
R

b. Maximizing tax incentives d. Entering into compromise with the government

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