PART I - REAL PROPERTY TAX & LOCAL TAXES

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A set of vocabulary flashcards covering key terms and concepts from the notes on real property tax and local taxes, including exemptions, assessment, classifications, rates, and LGU powers.

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46 Terms

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Real property tax

An ad valorem tax collected by a city, municipality, or province on real property such as land, buildings, machinery, and improvements affixed or attached to real property.

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Ad valorem

A tax calculated based on the value of the property rather than a fixed amount.

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Exemptions from real property tax (RA 1)

Real property owned by the Republic of the Philippines or its subdivisions, except when beneficial use is granted to a taxable person.

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Exemptions from real property tax (RA 2)

Charitable institutions, churches, parsonages or convents, mosques, non-profit cemeteries, and lands/buildings used exclusively for religious, charitable, or educational purposes.

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Exemptions from real property tax (RA 3)

Non-profit or religious cemeteries or burial grounds.

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Exemptions from real property tax (RA 4)

Machineries and equipment used directly and exclusively by local water districts and GOCCs in water supply or electric power generation.

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Exemptions from real property tax (RA 5)

Real property owned by cooperatives registered under RA 9520 (Cooperative Code).

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Exemptions from real property tax (RA 6)

Machineries and equipment used for pollution control and environmental protection.

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Fair market value (FMV)

The price at which a property may be sold by an unpressured seller to an unpressured buyer; also known as the assessor’s value for assessment purposes.

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Actual use

Classification, valuation, and assessment based on the property's actual use, regardless of ownership or location.

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Residential land

Land principally devoted to habitation.

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Agricultural land

Land devoted principally to planting of trees, crops, livestock, poultry, dairying, fishing, and similar agricultural activities.

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Commercial land

Land principally used for the pursuit of profit and not categorized as agriculture, industrial, mineral, or residential.

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Industrial land

Land devoted principally to industrial activity as a capital investment.

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Mineral land

Land containing mineral metallic or non-metallic deposits significant enough to justify extraction.

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Special land

Land used for hospitals, cultural or scientific purposes, and land owned/used by water districts or GOCCs providing essential public services.

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Assessment level

The percentage applied to FMV to determine the assessed value of a property.

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Assessed value

FMV multiplied by the assessment level; the taxable value for tax purposes.

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Lands assessment levels (examples)

Residential 20%, Timberland 20%, Agricultural 40%, Commercial/Industrial 50%, Mineral 50%, Special land 15%, Local water districts 10%, GOCCs 10%.

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Machineries assessment levels (examples)

Residential 50%, Agricultural 40%, Commercial/Industrial 80%, Special 15%, Local water districts 10%, GOCCs 10% (Timberland and Mineral for machineries are not applicable).

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Basic tax rate (province)

Not exceeding 1% of assessed value (AV).

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Basic tax rate (city/municipality)

Not exceeding 2% of assessed value (AV).

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Transfer tax

Tax on the transfer of real property ownership; base is selling price or FMV, whichever is higher; maximums not more than 0.5% in provinces/municipalities and 0.75% in cities.

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Special Education Fund (SEF)

An additional levy of 1% of AV collected as part of real property tax.”

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Situs of the tax

The tax is due at the branch or sales outlet where the transaction occurs; if none, at the principal office.

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Collection authority (real property tax)

The city or municipal treasurer; may deputize a bonded barangay treasurer to collect taxes within the barangay.

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Accrual date

Real property tax accrues on January 1 of each year.

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Installment plan

Basic RPT and SEF may be paid in four equal installments due by March 31, June 30, September 30, and December 31.

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Prompt payment discount

Up to 20% discount if the basic tax and SEF are paid in advance.

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Delinquent tax interest

2% per month on unpaid tax, up to 36 months.

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Condonation or reduction

Tax and interest may be condoned or reduced by ordinance or presidential action.

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Local government units (fundamental principles)

Taxes must be uniform within the LGU, equitable, used for public purposes, not collected by private persons, and revenue must accrue to the LGU.

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Limitations on LGU taxing power (high level)

LGUs generally cannot impose income tax (except banks/financial institutions), DST, estate tax, most customs duties, and certain other national taxes.

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Taxes by province (overview)

Provinces may impose transfer tax, tax on printing/publications, franchise tax, sand/gravel tax, professional tax, amusement tax, and annual fixed tax for certain delivery vehicles.

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Transfer tax (province)

Province-wide transfer tax on ownership transfers; rates and bases similar to general RPT framework.

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Tax on printing and publications

Tax on annual gross receipts from printing/publication activities; exemptions apply to certain school-referenced materials.

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Franchise tax (province)

Tax on businesses enjoying a franchise; base is annual gross receipts within the province.

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Sand, gravel tax

Tax on sand, gravel, and similar quarry resources; base is FMV per cubic meter; rate not more than 10%.

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Professional tax (province)

Tax on individuals practicing a profession; base up to P300; exemptions for government employees.

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Amusement tax (province)

Tax on admission receipts from places of amusement; rate not more than 30% of gross receipts.

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Delivery vehicle tax (province)

Annual fixed tax per delivery vehicle of manufacturers, producers, wholesalers, or retailers; not exceeding P500.

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Taxes by cities (overview)

Cities may levy taxes similar to provinces but can exceed provincial rates by up to 50%, except for professional and amusement taxes.

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Maximum city transfer tax

Cities may impose a maximum transfer tax of 0.75% of selling price or FMV.

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Barangays’ revenue powers

Barangays may levy taxes on small retailers, fees for services, and clearance fees; may collect fees for barangay-owned services.

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Common revenue-raising powers (LGUs)

Service fees, public utility charges, and tolls/fees for use of public roads, piers, or other facilities.

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Situs and collection of branch taxes

Tax accrues at the branch/sales outlet and is paid to the local unit where the sale occurred; otherwise to the principal office.