Income Taxation 1

____ is the process or means by which the sovereign (____) through its law making body (____) imposes burdens upon subjects and objects within its jurisdiction for the purpose of raising revenue to carry out the legitimate objects of government

taxation

independent state

legislature

what are the three inherent powers of the state

power of taxation

police power

power of eminent domain

(3 inherent power of the state) it is the power by which the state raises revenue to defray the necessary expenses of the government

power of taxation

(3 inherent power of the state)

it is the power of the state promoting public welfare by restraining and regulating the use of liberty and property

police power

(3 inherent power of the state)

it is the power of the state to acquire private property for public purposes upon payment of ____

power of eminent domain

just compensation

what are the five similarities of inherent powers

1. inherent powers

2. interfere with private rights and properties

3. legislative in nature

4. presuppose equivalent compensation

5. exist independently from constitutional provision

authority in three inherent powers

government only

government only

public servic/ utility companies

this inherent powers requires no transfer or title

police power

this inherent powers requires no imposition meaning the owner is paid equivalent to the fair value of his property

power of eminent domain

what is the primary purpose of taxation

revenue or fiscal

what is the secondary purpose of taxation

regulatory, sumptuary or compensatory

under secondary purpose there is three implementation of police power namely

promotion of general welfare

reduction of social inequality

economic growth

what are the two theory of taxation

life blood doctrine and necessity theory

basis of taxation

benefits received or reciprocity theory

what are the four scope of the power to tax

comprehensive, unlimited, plenary, supreme

it is scope of power to tax that covers person, business, activities, professions, rights, and privilege

comprehensive

it is a scope of the power to tax that force is so searching to the extent that the courts scarcely venture to declare that it is subject to restrictions

unlimited

scope of the power to tax as it is complete; the bir may avail of certain remedies to ensure collection of taxes

plenary

it is a scope of the power to tax that in so far as the selection of the subject of taxation

supreme

what are the six essential elements of tax

1. enforce contribution

2. generally payable in money

3. proportionate in character

4. levied on subject to taxation

5. levied by the law making body of the state

6. levied for public purpose

what does levi mean

collection of taxes

what are the three aspects of taxation

stages or phases

1. levying- legislative

2. assessment- executive

3. collection- executive

what are the six nature or characteristics of the state power to tax

1. inherent in sovereignty

2. legislative in character

3. exemption of government entities

4. international commity

5. limitation on territorial jurisdiction

6. strongest among the inherent powers of the state

give three national or local authority or scope of taxes

national- transfer tax, income tax, excise tax, vat

local- community tax, real estate tax, professional tax

what are the object of tax

person, poll, capitation

property

excise

this tax means that there is fixed amount upon all persons residing within a specified territory with no regards to their property or occupation

person, poll, capitation tax (residence tax)

this tax refers to one assess on all property located within a certain territory on a specified date in proportion to its value

property (real estate tax)

this tax embraces any form of burden not laid directly upon person or property

excise tax (vat)

this tax refers to the tax which is demanded from an individual who tends to buy or purchase a good or service

direct tax (income tax)

this tax refers to the paid primarily by person who can shift the burden upon someone else

indirect tax (vat)

what are the two classification of taxes as to determination of amount

ad valorem and specificad valorem and specific

this tax is fixed or determinate some imposed by the head or number or some standard of weight and measurement and requires no assessment beyond listing and classification

specific tax

this tax is fixed proportionate with the value of the property and requires the intervention of assessors before the amount due from each taxpayer

ad valorant tax

this limitations of taxation is the restrictions on the power exist from the very nature of the power of taxation itself

inherent limitations

restrictions in the exercise of the power of taxation as expressly provided in the philippines constitution

Constitutional limitations

what cannot be delegated is the legislative ___ of tax measure

enactment, imposition, levying

administrative implementation of tax that can be delegated

assessment, collection, evaluation

do people outside once jurisdiction receive protection from the state?

no so no taxes

constitutional limitations

due process

equal protection of the laws

non imprisonment for non-payment of poll tax

non impairment of the obligations and contract

this means place of taxation

situs of taxation

what are the factors to consider in determining the situs of taxation

subject mattern, nature of tax, citizenship , residence of the taxpayer, source of income, place of excise

___ is the sum of money for the use of something generally applied, to the consideration, which is paid for the use of road breach or the public on nature

toll

demand of proprietorship versus demand of sovereignty

toll vs tax

this is the sanction imposed as punishment for violation of law or act them injurious

penalty

it is an enforced proportional contribution from owners of lands for special benefits resulting from public improvements

special assessment

is special assessment tax measure or not

no

it is charged imposed under police power for purpose of regulation

permit or license fee

these are taxes imposed on goods exported from more important into a country

customs duties

double taxation strict and broad sense

direct and indirect duplicate taxation