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The state’s power to tax is for the benefit of the people (Valencia & Roxas, 2017), for
which people under its jurisdiction is required to contribute, pay charges, and carry the
burdens and reasonable impositions by the authority of the state. Taxes are imposed on
person, property or rights, which are used and imposed for government projects, law
implementation, government expenses and other specific purposes (see Table 1A).
Unless otherwise stated in the Constitution, the powers to tax are unlimited in its range,
complete with wide extent of application and with highest degree (see Table 1B).
There are essential characteristics of taxes. The imposition of taxes should not be
dependent upon the will of the taxpayer because it is an enforced contribution. It is
imposed by the legislative body but the congress makes tax laws. It is payable in
money, if not, the property is taken away to satisfy the liability. It is sold through a public
auction. The dates of the payment of taxes are fixed by law (see Table 1C).
I will apply these concepts in my future corporate and entrepreneur life. I, as a good
citizen of the Philippines, will pay taxes on time, learning that the taxes that I pay will go
to and for the betterment of the people under the jurisdiction of our laws and state.
2. Principles of Sound Tax System
In theoretical justice, the tax system should be fair to the average taxpayer and
based upon his ability to pay. Since the Constitution provides that taxation must be
equitable, a tax measure that violates equality or theoretical justice would make such
tax measure null and void.
Applying the theoretical justice principle in the case of United States vs. Juan
Sumulong, uniformity requirement is not violated where a license tax is imposed upon
hotels and the amount required to be paid is graduated by the number of rooms which
may be devoted to the accommodation of public.
Administrative feasibility means that the tax system should be capable of being
properly and efficiently administered by the government and enforced with the least
inconvenience to the taxpayer. Their exercise should be convenient as to the place,
time and mode of payment, and not burdensome or discouraging to business.
Applications of administrative feasibility are collection of taxes at source, assigning of
duly authorized banks to collect taxes, quarterly filling and payment of income taxes and
electronic filing of tax returns (see Table 2B).
In the past few years, Bureau of Internal Revenue developed and maintained a
system for electronic filing of tax returns. They named it as eFPS or Electronic Filing
and Payment System. It is convenient for the taxpayers and also environment friendly
since it is paperless.
3. Limitation on the Power of Taxation
According to Tabag and Garcia, tax exemption, such as “grant of franchise” may be
revoked by another law as it is specifically provided in the Constitution that the grant of
any franchise is always subject to amendment, alteration, or repeal by the Congress
when the common good so requires. In the recent news, President Rodrigo Duterte
says that he will file a complaint with Congress against ABS-CBN for swindling, thus
blocking its grant or renewal of franchise.
4. Tax Evasion vs. Tax Avoidance
There are two ways to escape tax burdens, the first is through unlawful means or tax
evasion and the second is through lawful means or tax avoidance. According to Shultz
and Harris, a tax evader breaks the law while the tax avoidance sidesteps it. The
doctrine of escape from taxation permits the taxpayers to minimize, not escape,
payment of tax by lawful means.
Tax evasion uses illegal or unlawful means to evade the payment of tax. The law
presupposes that there is a fraud and bad faith in the part of the tax evader. These are
subject to civil penalties, criminal penalties or both. In the case of Republic of the
Philippines, the plaintiff-appellee vs. Blas Gonzales, the defendant-appellant, Bureau of
Internal Revenue discovered that the appellant have undeclared income for the two
years causing deficiency in its tax dues. Despite the demand of the Bureau of Internal
Revenue to pay its tax due, the appellant failed to pay. The appellant claims that as a
concessionaire in an American Air Base he is not subject to Philippine Tax laws. The
issue here is that is the appellant exempt from taxes or not. It was ruled out that the
appellant was not exempt from paying taxes because based on the US-Phil Military
Bases Agreement a Filipino concessionaire in an American Air Base is subject to
Philippine Income Tax. There is an indication here that there is a fraudulent intent to
cheat the government to pay its due taxes according to the Supreme Court.
In the recent news, Manny Pacquiao, who has an existing tax case, is in a
negotiation with the Bureau of Internal Revenue regarding the settlement of his tax
liability. Kim Henares, former commissioner, filed a case against him for his failure to
pay taxes amounting to almost 3 billion pesos, including charges and interest. The case
is still pending at the Court of Tax Appeals.
Tax avoidance is also called tax minimization. This is one of the ways to escape
tax burdens, but unlike tax evasion this is a lawful way to do it. There are several forms
of tax avoidance in which the taxpayers can lawfully escape the tax burdens (see Table
4). An example of this is in the case of Heng Tong Textiles Co., Inc. (before), Philip
Manufacturing Corporation vs. Commission of Internal Revenue and the Court of Tax
Appeals, in which the Collector of Internal Revenue assessed that the petitioner has a
deficiency tax. One of the issues was whether or not it was guilty of fraud so as to
warrant the imposition of a penalty 50% on the deficiency. Tax avoidance is valid if used
by the taxpayer in good faith. The law does not forbid it and it does not constitute tax
fraud. An attempt to minimize one’s tax does not necessarily constitute fraud. It is
settled principle that a taxpayer may diminish his liability by any means which the law
permits.
One of the forms of tax shifting is the forward shifting in which the tax burden is
transferred from the manufacturer, then to the distributor and finally to the ultimate
consumer of the product. The best example of this is the value-added tax. In the recent
news, the Philippines aims to double value-added tax revenue, this is in line with the
state’s effort on the revised tax reform package. The new tax reform seeks to boost the
country’s revenues.
5. Situs of Taxation
According to Valencia and Roxas, situs of taxation refers to the place of taxation, or
the state or political unit which has jurisdiction to impose tax over its inhabitants. The
following factors are determinants to the situs of taxation: (1) Nature, kind or
classification of the tax being imposed; (2) Subject matter of the tax; (3) Source of the
income being taxed; (4) Place of excise, privilege, business or occupation being taxed;
(5) Citizenship of the taxpayer; and (6) Residence of the taxpayer. Resident Citizens are
taxed from within and outside the Philippines while the other classifications are taxed
from within the Philippines only (see Table 5).
Double Taxation
According to Valencia and Roxas, double taxation means an act of the sovereign by
taxing twice for the same purpose in the same year upon the same property or activity
of the same person, when it should be taxed once, for the same purpose and with the
same kind of character of tax. To avoid injustice and unfairness, doubts as to whether
double taxation has been imposed should be resolved in favor of the taxpayer.
In the case of Eusebio Villanueva vs. the City of Iloilo, Iloilo imposed a municipal
license tax on tenement houses, Villanueva and the other appellees are apartment
owners from whom the city collected license taxes by virtue of the ordinance imposed
by the city government. They argued that the ordinance was unconstitutional because it
violates uniformity of taxation, this constitutes not only double taxation but treble
taxation. The Supreme Court held that there is no Constitutional prohibition against
double taxation in the Philippines. In the recent news, Singapore and Ghana signed a
Double Taxation Avoidance Agreement which aims to reduce double taxation and tax
disputes by clarifying the taxation rights on all types of income flows arising from cross-
border business between the two countries.
According to Valencia and Roxas, tax laws is that body of laws which codifies all
national tax laws. The Philippine Internal Revenue laws are general civil in nature;
they are neither political nor penal in nature. The Supreme Court has the exclusive
power of constructing and interpreting tax laws. As a rule, tax laws must be
constructed with view to carrying out their purpose and intent.
The BIR commissioner issues BIR rulings on particular tax case which could be
overruled by BIR ruling of succeeding BIR commissioner. The Revenue Regulations
are issued by the Department of Finance to cover the implementing guidelines
pertaining to a particular Section of the Tax Code. The Revenue Regulations are
overruled by Court decisions upon issuance of such resolution.
There are rules that must be followed for the interpretation and application of
various tax laws. When there is ambiguity of tax laws, the rules of statutory
construction may be used to search for the legislative intent. However, when the
meaning of the law is clear, the statute must be enforced as written. Tax burdens
shall neither be imposed nor presumed beyond what the statutes expressly and
clearly state because tax statutes should be construed strictly against the
government. When the primary consideration is the legislative intent but doubts
exists in determining such intent, the doubts must be resolved liberally in favor of
taxpayers, and strictly against the taxing authority since tax laws imposed special
burden upon the taxpayer. There is no way to dispute the cardinal doctrine of
taxation that “exemptions therefrom are highly disfavored in law and he who claims
tax exemptions must be able to justify his claim or right.” A tax statute must be
applicable and operative only upon becoming a law. Tax laws are given retroactive
effect only if there is a clear legislative intent in that regard. The Tax Code is a
special law in relation to the Civil Code. Whenever there is a conflict between the
Tax Code and the Civil Code, the former shall prevail over the latter.
Bureau of Internal Revenue's vision and mission is "The Bureau of Internal Revenue
is an institution of service excellence and integrity. We collect taxes through just
enforcement of tax laws for nation building and the upliftment of the lives of Filipinos.”
The BIR’s plan has as its focus to improve services to taxpayers, to increase voluntary
compliance, and to enforce laws against those who do not comply.
First, attain collection targets and sustain collection growth. Being mandated by law
to collect taxes, BIR’s collection target for taxable year 2016 is set at P2.025 trillion. The
BIR continues to improve its ability to achieve the targets set by the government.
Second, improve taxpayer satisfaction and compliance. The BIR aims to gather
information through consultation, meetings and dialogue with the community to identify
improvements and recommendations for amendments to the law. Third, strengthen
good governance. BIR aims to enhance its performance through monitoring and
evaluating of processes. Fourth, improve assistance and enforcement processes. The
BIR will make use of services that will ease the process for taxpayers to comply with
their obligations. On the other hand, the BIR will also employ enforcement activities to
identify and pursue those who deliberately evade or avoid paying tax. Fifth, build and
deploy contemporary information technology systems, processes, and tools. Because
change is inevitable especially in the digital world, the BIR aims to maintain and
enhance its online services to replace manual and paper-based services and
processes. Sixth, improve integrity, competence, professionalism, and satisfaction of
human resources. The BIR strives to develop an organization with high levels of
integrity that fosters the observance of high professional standards and demonstrates
the values of the organization. Last, optimize management of resources. The BIR
ensures the highest standard of financial integrity, focusing on budget, asset and
records management capabilities to ensure that BIR resources deliver their results.
Tax administrators are in a powerful position because the law gives them the
authority to assess taxes, collect revenues, seize property, garnish bank accounts and
commence legal proceedings against the taxpayer. The result of this exercise of power
may result to loss of property or income and/or imprisonment of the taxpayer. As with all
professions and field of business that require human interaction and judgment, there are
ethical issues facing tax administration. These issues must be identified and dealt with,
particularly as we have noted that Tax Administrators have considerable power and that
the exercise of that power can result in the loss of some of the fundamental human
rights of the taxpayer.
There are ethical standards for tax administers, according to the Institute of Supply
Management they should avoid the intent and appearance of unethical and
compromising practices; Avoid any professional or business activity that creates a
conflict between personal interest and the Tax Authority; Avoid soliciting or accepting
loans, money, credit or preferential discounts and the acceptance of gifts,
entertainment, favors or services; Handle confidential information with due care and
proper consideration of ethical and legal ramifications to the tax authority; Be
knowledgeable of the law and apply it impartially, consistently and in the spirit intended.
9. Organizations
One of the recent cases filed by BIR is against Mighty Corporation. Mighty
Corporation is a fully integrated tobacco company located at Malolos, Bulacan.
Its principal activities include tobacco pressing and cigarette manufacturing
according to their website. BIR is filing more cases against the said company and
they are looking at cancelling their license to operate while preparing for the tax
complaints against them. The BIR has been implementing the Internal Revenue
Stamps Integrated System on tobacco products. These ensure that the correct
excise tax on those products have been paid. They, Mighty Corporation, are
evading tax payments through the use of fake tax stamps.
2. Bureau of Customs
The Bureau of Customs is one of the lead agencies responsible for regulating
and facilitating trade, assessment and collecting import duties and taxes,
combating illegal trade and other forms of customs fraud, and devising and
managing customs management systems for trade facilitation. Its current
commissioner is Ret. Capt. Nicanor Faeldon, he is responsible for the general
administration and management of the bureau.
Tax law covers both national and local taxes. Local taxes are those imposed
and collected by the local government. The Local Government Code provides
that all local government units are granted general tax powers, as well as other
revenue-raising powers like the imposition of service fees and charges shall be
imposed without a public hearing having been held prior to the enactment of the
ordinance. There are common limitation to the grant of the power to tax to the
local governments.
There are different taxes that we pay on the local level, these are some of the
following examples: (1) Tax on transfer of real property ownership – tax imposed
on the sale donation, barter, or on any other mode of transferring ownership or
title of real property; (2) Tax on business of printing and publication – tax on the
business of persons engaged in the printing and/or publication of books, cards,
posters, leaflets, handbills, certificates, receipts, pamphlets, and others of similar
nature; (3) Franchise tax – tax on businesses enjoying a franchise, at the rate not
exceeding 50% of 1% of the gross annual receipts for the preceding calendar
year based on the incoming receipt, or realized, within its territorial jurisdiction;
(4) Professional tax – an annual professional tax on each person engaged in the
exercise or practice of his profession requiring government examination; (5)
Amusement tax – tax collected from the proprietors, lessees, or operators of
theaters, cinemas, concert halls, circuses, boxing stadia, and other places of
amusement and; (6) Tax on business – taxes imposed by cities, municipalities on
businesses before they will be issued a business license or permit to start
operations based on the schedule of rates prescribed by the local government
code, as amended.
4. Board of Investments
In the recent news, PEZA closes its doors to online gaming firms, they
firmed up its position to not allow online gaming firms to operate anywhere within
its accredited sites across the country. The board of directors of PEZA had a
consensus not to allow any online gambling operations, even technical support to
this activity, in PEZA-accredited buildings inside and outside Metro Manila, as
this activity is not included in the agency’s mandate. Even if the operators
acquired their licenses from Philippine Amusement and Gaming Corporation or
PAGCOR, the PEZA chief is firm with the decision not to allow them to operate
inside PEZA-accredited IT parks and buildings.
From http://images.slideplayer.com/27/9257889/slides/slide_9.jpg
References
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