Professional Documents
Culture Documents
Power of taxation is power of the state to impose Taxes are enforced proportional contributions from
tax on individuals and properties to support the government. persons and property levied by the lawmaking body of the
Tax is the lifeblood of the government. The revenue of the state by virtue of its sovereignty for the support of the
state are principally raised through taxation. Taxes are what government and all public needs.
we pay for civilized society. Without taxes, the government
would be paralyzed for lack of the motive power to activate They are financial burdens or charges imposed by
and operate it. Hence, despite the natural reluctance to the government upon persons or property to raise revenue
surrender part of ones hard-earned income to the taxing for public purpose or purposes.
authorities, every person must contribute his share in the
- Naguit
operation of the government. The government for its part is
expected to respond in the form of tangible and intangible The basis and theory of taxation
benefits intended to improve the lives of the people. This
symbiotic relationship is the rationale of taxation and should 1. The power of taxation proceeds upon the
dispel the erroneous notion that is an arbitrary method of theory that the existence of government is a
exaction by those in the seat of power. necessity that it cannot continue without
means to pay its expenses, and that for these
- Politics, Governance and Government with means it has a right to compel all its citizen
Philippine Constitution (Roman R. Dannug) and property within its limits to contribute.
2. The basis of taxation is found in the reciprocal
Meaning of taxation
duties of protection and support between the
Taxation does not confine itself on government state and its inhabitants. In return for the
expenditures. It also regulates the flow of income in our citizens contribution for the support of the
economic system. When there is too much money in the government, the state is supposed make
system, the government withdraws some of this money to adequate and full compensation in the form of
check inflation. benefits and protection which it gives to his
life, liberty and property.
As a power, taxation is the power of the state to - Hector De Leon
impose charge or burden upon persons, property or property
rights, for the use and support of the government and to
enable it to discharge its appropriate functions.
- Hector De Leon
prizes/winnings
Section 20. No person shall be imprisoned for
debt or non-payment of a poll tax.
Net income is the net income minus allowable deductions
2. Corporate taxpayer
a. Domestic corporation
b. Foreign corporation
c. Resident corporation
6. Prohibition against appropriation for religious 9. Congress may not deprive the Supreme Court of its
purposes. (Section 29 (2), Article VI) jurisdiction to review, revise, reverse, modify or
affirm on appeal, final judgments and orders of
Section 29. lower courts in all cases.
INHERENT LIMITATIONS:
2. No public money or property shall be
appropriated, applied, paid, or employed, Levy for public purpose. To levy a tax means to impose or to
directly or indirectly, for the use, benefit, or
charge or to collect a tax from those to whom it is addressed.
support of any sect, church, denomination,
Technically however, to levy is to pass on laws or ordinances
sectarian institution, or system of religion, or of
imposing a tax or duty upon specific group of taxpayers. Under
any priest, preacher, minister, other religious
this concept, the impelling reason for the imposition of the tax
teacher, or dignitary as such, except when such
must be the welfare of the public, in general. This follows that the
priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal proceeds from such imposition shall inure to the benefit of the
institution, or government orphanage or public.
leprosarium.
In one case, a certain imposition was successfully passed for the
purpose of upholding the welfare of the sugar industry. It was
7. Exemption of all revenues and assets of non-stock.
(Section 4 (3 & 4), Article XIV) questioned on the ground that there is no PUBLIC purpose since
the sugar industry does not allegedly represent the public. The
issue was resolved in favor of the validity of the imposition. While
Section 4.
sugar industry does not represent the entire public as the proceeds
would not add to the general budget of the national government,
3.All revenues and assets of non-stock, non- nevertheless, the industry itself admits of a public nature whose
profit educational institutions used actually, circumstances and effects directly affect the public. The
directly, and exclusively for educational
requirement of direct purpose does not admit of a direct public
purposes shall be exempt from taxes and duties.
benefit from the imposition.
Upon the dissolution or cessation of the
corporate existence of such institutions, their
Non-delegation of legislative power to tax. To delegate is to
assets shall be disposed of in the manner
pass on or to entrust to another a certain duty or obligation. Power
provided by law.
to tax is lodged with the legislative department. To my mind, this is
because the legislative branch is theoretically the representative of
Proprietary educational institutions, including
the people and they are directly aware and in common contact with
those cooperatively owned, may likewise be
the instances and situations of their districts making them the ones
entitled to such exemptions, subject to the
knowledgeable of how best their district could be affected by the
limitations provided by law, including
restrictions on dividends and provisions for new taxes imposed. Likewise, this is premised on the legal maxim
reinvestment. delegate potestas, non delegari potest which means, what has
been delegated cannot be re-delegated so as not to hamper the
objective of the delegation. However, there are at least two (2)
4.Subject to conditions prescribed by law, all
instances where delegation is possible (a) delegation to the
grants, endowments, donations, or contributions
President of some tariff powers, and (b) Local government units
used actually, directly, and exclusively for
educational purposes shall be exempt from tax. fiscal autonomy for their self serving needs.