MITERM Reviewer (Chap 1-4)
MITERM Reviewer (Chap 1-4)
MITERM Reviewer (Chap 1-4)
WHAT IS TAXATION
- Taxation is a process or means by which the sovereign, through its lawmaking body, raises income to
defray the necessary expenses of the government.
- Taxation may be defined as a State power, a legislative process, and a mode of government cost
distribution
The mutuality of support between the people and the government is referred to as the basis of
taxation
TAXES
-The enforced proportional contributions from persons and property levied by the lawmaking body of
the State by virtue of its sovereignty for the support of the government and all public needs; raise
revenue for public purpose.
PURPOSES OF TAXATION
1. Primary purposes provide funds or property; promote the general welfare and protection;
finance it’s multifarious activities
2. Secondary purposes strengthen anemic enterprises; protect local industries; reduce inequalities
in wealth and income; prevent inflation
1. Benefit received theory presupposes that the more benefit one receives from the government,
the more taxes he should pay.
2. Ability to pay theory presupposes that taxation should also consider the taxpayer’s ability to
pay. Taxpayers required to contribute based on their relative capacity.
a. Vertical equity proposes that the extent of one’s ability to pay is directly
proportional to the level of his tax base.
b. Horizontal equity requires consideration of the particular circumstance of the
taxpayer
The Lifeblood Doctrine
1. Theory – existence of the government is necessity; it cannot continue without means to pay its
expenses; right to compel within its limits to contribute
2. Basis – reciprocal duties of protection and support between the State and its inhabitants;
benefit-received principle
1. Fiscal adequacy. The sources of revenue should be sufficient to meet the demends of public
expenditures
2. Equality or Theoretical Justice. The tax burden should be proportionate to the taxpayer’s ability
to pay (Ability-to-Pay Principle)
3. Administrative Feasibility. The tax laws should be capable of convenient just, an effective
administration
1.Taxation power is the power of the state to enforce proportional contribution form its subjects to
sustain itself
2. Police power is the general power of the State to enact laws to protect the well being
3. Eminent domain is the power of the State to take private property for public use after paying just
compensation
Similarities (1-7)
Taxation has its own inherent limitations and limitations imposed by the Constitution.
a. Substantive due process. Imposed public purpose; under authority of valid law;
taxing power having jurisdiction
b. Procedural due process. No arbitrariness; observe the taxpayer’s right. Collection
shall be made within 5 years from the date of assessment
2. Equal protection of the law – No person shall be denied the equal protection of the law.
3. Uniformity rule in taxation – Taxpayers under dissimilar circumstance should not be taxed
the same. The rule of taxation shall be uniform and equitable
4. Progressive system of taxation
5. Non-imprisonment for non-payment of poll tax – No person shall be imprisoned for debt or
non-payment of a poll tax. No one shall be imprisoned because of his poverty, and no one
shall be imprisoned for mere inability to pay debt
6. Non-impairment of obligations of contracts
7. Free worship rule/Non-infringement of religious freedom
8. No appropriation for religious purposes
9. Exemption of religious, charitable or educational entities, mom-profit cemeteries and
churches from taxation
10. Exemption of revenues and assets of non-stock, non-profit educational institutions and
donations for educational purposes
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
14. Non-impairment of the jurisdiction of the Supreme Court to review tax cases
15. The requirement that appropriations, revenue or tariff bills shall originate exclusively in the
House of Representatives
16. The delegations of taxing power to local government units
B. Inherent limitations. Restrict the power although not embodied in the constitution.
1. Requirement that levy must be for a public purpose
2. Non-delegation of the legislative power to tax
3. Exemption from the taxation of government entities
4. Internal comity
5. Territorial jurisdiction
DELEGATIONS OF POWER OF TAXES
ASPECTS OF TAXATION
CANNONS OF A TAX
SITUS OF TAXATION
Situs is the place of taxation. It is the tax jurisdiction that has the power to levy taxes upon the tax object
1. Business tax situs. Businesses are subject to tax in the place where the business is conducted
2. Income tax situs on services. Service fees are subject to tax where they are rendered
3. Income tax situs on sale of goods. The gain on sale is subject to tax in the place of sale
4. Property tax situs. Persons are taxable in their place of residence
5. Personal tax situs. Persons are taxable in their place of residence
DOUBLE TAXATION
Occurs when the same taxpayer is taxed twice by the same tax jurisdiction for the same thing
1. Direct double taxation – all the element of double taxation exists for both impositions
2. Indirect double taxation – at least one of double taxation is not common for both impositions
How can double taxation be minimized?(a-d)
TAX AMNESTY
General pardon granted by the government for erring taxpayers to give them a chance to reform and
enable them to have a fresh start to be part of a society with a clen slate
TAX CONDONATION
Forgiveness of the tax obligation of a certain taxpayer under certain justifiable grounds. (Tax remission)
TAXPAYER’S SUIT
A taxpayer has sufficient personally and interest to seek judicial assistance with a view of restraining
what he believes to be an attempt to unlawfully disburse public funds
SOURCES OF TAXES
TAXATION
1. Enforced contribution
2. Generally payable in money
3. Proportionate in character
4. Levied on persons, property, of the exercise of a right or privilege
5. Levied by the state which has jurisdiction over the subject or object of taxation
6. Levied by the lawmaking body of the state
7. Levied for public purposes
CLASSIFICATION OF TAXES
1. As to purpose
a. Fiscal or revenue tax – a tax imposed for general purpose
b. Regulatory – a tax imposed to regulate business, conduct, acts or transactions
c. Sumptuary – a tax levied to achieve some social or economic objectives
2. As to subject matter
a. Personal, poll or capitation – a tax on persons who are residents of a particular territory
b. Property tax – a tax on properties, real or personal
c. Excise or privilege tax – a tax imposed upon the performance of an act, enjoyment of a
privilege or engagement in an occupation
3. As to incidence
a. Direct tax - The impact and incidence of taxation rest upon the taxpayer. The tax is
collected from the person who is intended to pay the same. Statutory taxpayer is not
the economic tax payer
b. Indirect tax – tax is paid by aby person other than the one who is intended to pay the
same. Statutory taxpayer is not the economic taxpayer
4. As to amount
a. Specific tax – a tax of a fixed amount imposed on a per unit basis such as per kilo, liter or
meter, etc.
b. Ad valorem – a tax of a fixed proportion imposed upon the value of the tax object
5. As to rate
a. Proportional tax – flat or fixed rate tax; emphasizes equality as it subjects all taxpayers
with the same rate without regard to their ability to pay
b. Progressive or graduated tax – increases rates as the tax base increase; equitable
taxation because it gets more tax to those who are more capable; lessen gap of rich and
poor
c. Regressive tax - decreasing tax rate as tax base increase; total reverse of progressive tax;
anti-poor; directly violates the Constitutional guarantee of progressive taxation
d. Mixed tax – combination of any of the above tax
6. As to imposing authority
1. National Tax – imposed by the national government
a. Income tax – annual income, gains or profits
b. Estate tax – decedent upon death
c. Donor’s Tax – living donor
d. Value Added Tax – consumption tax collected by VAT business tax payers
e. Other percentage Tax – consumption tax collected by non-VAT business
taxpayers
f. Excise tax – tax on sin products and non-essential commodities;
differentiated with the privilege tax
g. Documentary stamp tax – tax on documents, instruments, loan agreements
and papers evidencing the acceptance, assignment, sale or transfer of an
obligation, right or property incident thereto
2. Local tax – imposed by the municipal or local government
a. Real property tax, professional tax; Business taxes fees and charges;
community tax; tax on banks and other financial instituitions
Tax vs Revenue
- Tax emanates from taxation power and is imposed upon any object; imposed after the
commencement of a business or profession; post-activity imposition
- License fee emanates from police power and imposed to regulate the exercise of a privilege;
imposed before engagement in those activity; pre-activity imposition
Tax vs Toll
- Tax levy of government and demand of sovereignty; upon the needs of the government
- Toll is a charge for the use of other’s property and demand of ownership; upon the value of the
property leased. Government and private entities impose toll, but private entities cannot
impose taxes
Tax vs Debt
- Tax arises from lax; non-payment of tax leads to imprisonment; cannot set-off; generally payable
in money; tax draw interest only when the taxpayer is delinquent;
- Debt arises from private contracts; non-payment of debt does not lead to imprisonment; can be
subject to set-off; can be paid in kind; draws interest when it is so stipulated by the contracting
parties or legal delay
- Tax imposed upon persons, properties or privilege; levied without expectation of a direct
proximate benefit
- Special assessment levied by the government on lands adjacent to a public improvement;
appreciation in land value caused by the public improvement
Tax vs Tariff
Tax vs penalty
TAX SYSTEM
According to imposition:
According to Impact
1. Progressive tax system – emphasizes direct taxes; encourages economic efficiency; impacts
more upon the rich
2. Regressive tax system – emphasizes indirect taxes; impact upon the bottom end of the society;
anti-poor
1. Withholding systems – the payor of the income withholds or deducts the tax on the income
before releasing the same to the payee
a. Withholding tax on compensation – withheld by the employer
b. Expanded withholding tax – prescribed on certain income payments and creditable
against any income tax
c. Final withholding tax - prescribed on certain income payments and not creditable
against any income tax
d. Withholding tax on government payments – withheld by the national government
2. Voluntary compliance system – taxpayer determines has income, reports the same through
income tax returns
3. Assessment or enforcement system – government identifies non-compliant taxpayer
TAX ADMINISTRATION
OTHER AGENCIES TASKED WITH TAX COLLECTIONS OR TAX INCENTIVES RELATED FUNCTIONS
1. Bureau of Customs(BOC)
2. Board of Investments(BOI)
3. Philipppine Economic Zone Authority(PEZA)
4. Local Government Tax Collecting Units
A. As to payment(Page 49)
1. Value added Tax
2. Excise Tax
3. Income Tax
4. Withholding Tax
5. Percentage Tax
6. Documentary stamp tax
B. As to financial conditions and results of operations
1. Gross receipts or sales
2. Net worth
3. Gross purchases
4. Top corporate taxpayer listed and published by the SEC
CONCEPT OF INCOME
Gross income – return on wealth or property that increases the taxpayer’s net worth
Recovery of lost capital – decrease net worth; merely maintains net worth while the recovery
Taxable recovery of lost profits – through insurance, indemnity contracts or legal suits
constitutes a taxable return on capital
2. It is a realized benefit.
Benefit- any form of advantage derived by the taxpayer
1. Receipt of a loan- properties increase
2. Discovery of lost properties- obligation to return the same
3. Receipt of money or property
What is meant by another entity? Natural persons are living persons while juridical persons are
those created by law
1. Actual receipt. Involves actual physical taking of the income in the form of cash or property
2. Constructive receipt. Involves no actual physical taking of the income but the taxpayer is
effectively benefited
Inflow of wealth without increase in net worth not increase his net worth is not income due to
the total absence of benefit
A. Individuals
1. Citizen
a. Resident citizen. Filipino citizen
b. Non-resident citizen. Establishes to the satisfaction; leaves the Philippines; works
and deprive income; previously non-resident citizen
2. Alien
a. Resident alien. Residing Philippines but is not a citizen thereof
b. Non-resident alien. Definite purpose, stay therein
i. Engaged in trade or business
ii. Not engaged
3. Taxable estates and trusts
1. Intentions
2. Length of stay
Basis of the extraterritorial taxation. Resident citizens and domestic corporations derive most
of the benefits
The issue of international double taxation NIRC allows a tax credit for taxes paid in foreign
countries
SITUS OF INCOME
Place of differentiated form the source of income. Situs is important in determining income is taxable
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Chapter 4 – Income Tax Schemes, Accounting Periods, Accounting Methods and Reporting
Passive income earned with very minimal or even without active involvement (interest income,
dividends from domestic corporations, Royalties)
Active income requiring considerable degree (Compensation, Business and professional income)
Capital gains arise from sale, exchange and other disposition of capital assets
Ordinary gains arise from sale, exchange and other disposition of ordinary assets
Items of gross income from these sources are measures using an accounting period, accumulated
accounting period, and reported through an income tax return
ACCOUNTING PERIOD
Length of time over which income is measured and reported
Under the NIRC, the return is due for filing on the fifteenth day of the fourth moth ff the
close taxable year of the taxpayers
1.Taxpayer under the calendar year must file their annual income tax return for the current
period not later than April 15 of the following year
2. A corporate taxpayer with fiscal year ending June 30, 2014 must be file its annual income
tax return not later than October 15 2014
ACCOUNTING METHODS
b. Cash basis
-Income is recognized when received and expense is recognized when paid
Initial payment – total payment by the buyer, in cash or property. Broader than down payment
Selling price- entire amount for which the buyer is obligated to the seller
Contract price – amount receivable in cash or other property from the buyer
2. Installment and deferred payment method. Is a variant of the accrual basis and is used in
reporting income when a non-interest bearing note us received as consideration in a sale
3. Percentage of completion method. Estimated gross income from construction is reported based
on the percentage of completion of the construction project
4. Outright and spread-out method
Leasehold Improvement – tangible improvements made by the lessee to the
property of the lessor
Outright method – lessor report income the fair market value of such buildings
subject to the lease at the same time
Spread-out method – lessor spread over the life of the lease the estimated
depreciated value of such buildings at the termination of the lease and report as income
each year
*The treatment specified by the outright method is perceived as unjust and abusive and is an
improper introduction of legislation
Farming Income – recognized using the cash basis or accrual basis
5. Crop year basis. Farming income is recognized as the difference between the proceeds of
harvest and expenses of the particular corp harvested
Self assessment method taxpayers declare their income and expenses and personally determine the
tax due thereon
WITHHOLDING SYSTEM
INFORMATION RETURNS
Certain taxpayers are also required to file information returns to the government
Exercise Drills
1. Non-assignment of Taxes
2. Territoriality of Taxation
3. Taxes must be for public use
4 Exemption of the property of religious institutions from income tax
5. Exemption of the revenues and assets of non-profit, non-stock educational
institutions
6. Non-delegations of the taxing power
7. Non-appropriation for religious purpose
8. The requirement of absolute majority in the passage of a tax exemption law
9. Non-imprisonment for non-payment of tax or debt
10. Taxpayers under the same circumstance should be treated equal both in terms of
privileges ad obligations
11. Exemption from property taxes of religious, educational and charitable entities
12. Government income and properties are not objects of taxation
13. Each local government shall have the power to create its own sources of revenue
14. Imprescriptibility in taxation
15. Non-impairment of obligation and contracts
16. Guarantee of proportional system taxation
17. International courtesy
18. Non-impairment of the jurisdiction of the supreme court to review tax cases
19. The government is not subject to estoppel
20. Imprisonment for non-payment of poll tax
True or False 1
1. Eminent domain involves confiscation of prohibited commodities to protect the well-being of
the people.
2. Horizontal equity requires consideration of the circumstances of the taxpayer.
3. Taxes are the lifeblood of the government.
4.