nature. As a rule, provisions on the validity of tax 5. The principal purpose of taxation is to raise exemptions are resolved liberally in a favor of the revenues for government needs. government. 6. Persons or things belonging to the same class shall Taxes may be imposed retroactively y law, but be taxed at the same rate. -? unless so expressed by such law, these taxes must a. Simplicity in Taxation only imposed prospectively. b. Reciprocity of taxation Administrative feasibility means that tax laws must c. Uniformity of Taxation be easy to understand and capable of being 7. The tax should be proportional to the relative value enforced. of the property to be taxed. -? a. Simplicity of Taxation False Statements: b. Equality in taxation c. C. Uniformity in Taxation As a rule, taxes are subject to set-off or 8. The following are nature of taxation, EXCEPT. compensation. a. Inherent in sovereignty The President is authorized to increase or decrease b. Essentially legislative in character national internal revenue taxes. c. Subject to inherent and constitutional The Bureau of Internal Revenue has the duty and limitations. d. Subject to approval by the people exclusive power or enacting, implementing and 9. This is a constitutional limitation on the power of interpreting tax laws. taxation Tax laws are either political or penal in nature. a. Tax laws must be applied within the territorial Tax avoidance is an act of using pretenses and jurisdiction of the state. forbidden devices in order to lessen tax liability. b. Exemption of government agencies and Failure to pay taxes will render the business or instrumentalities from taxation. occupation illegal. c. No appropriation of public money for religious Every Filipino citizen is taxable on all income derived purposes. from sources within and outside of the Philippines. d. Power to tax cannot be delegated to private Identification: person or entities. 10. Theoretical Justice – The tax imposed should be 1. It is an inherent limitation on the power of taxation appropriate to the taxpayer’s ability to pay. a. Rule on uniformity and equity of taxation – 11. Taxation as distinguished from police power and constitutional limitation eminent domain b. Due process of law and equal protection of the a. Property is taken to promote general welfare. – laws – constitutional limitation police power (taken or destroyed) eminent c. Non-impairment of the jurisdiction of the domain (private property taken for public use) Supreme court in tax cases – constitutional b. Maybe exercised only by the government. – limitation taxation and police power d. Tax must be for public purposes. c. Operates upon the whole citizenry – taxation 2. They exist independent of the constitution being a and police power fundamental power of the state, EXCEPT d. There is generally no limit as to the amount that a. Power of taxation may be imposed. b. Police Power 12. Situs of Taxation – It literally means “place of c. Power of eminent domain taxation”, the country that has the power and d. People Power jurisdiction to levy and collect the tax. 3. Basic Principles of a sound system, EXCEPT 13. Which of the following is not a public purpose? a. Fiscal Adequacy a. National Defense b. Administrative feasibility b. Public education c. Theoretical justice c. Improvement of the sugar and coconut industries d. Intellectual sensitivity d. Improvement of subdivision road. d. Exhibition of certificate of payment at the place 14. Which is not an essential characteristic of a tax? of business. a. It is unlimited in amount 5. Services under the BIR senior deputy commissioner b. It is payable in money a. . c. It is proportionate in character b. . d. It is an enforced contribution c. . 15. Police Power – The power to regulate liberty and 6. Powers of the BIR Commissioner of Internal property to promote the general welfare. Revenue 16. Fiscal Adequacy – The sources of revenue, as a a. The power to interpret tax laws and decide whole, should be sufficient to meet the demands of disputed tax assessments public expenditure. b. Summon and obtain information or testimony 17. Tax exemption – It is the privilege of not being of persons imposed a financial obligation to which others are c. Make assessments and prescribe additional tax subject. requirements 18. Which of the following is not a determinant of the d. Compromise abate and refund or credit taxes place of taxation? e. Suspend the business operations of a taxpayer. a. Source of income f. . b. Citizenship of taxpayer g. . c. Residence of the taxpayer 7. Constitutional imitations of taxation d. Amount of tax to be imposed a. Due process of law 19. An escape from taxation where the burden is b. Equal protection of laws transferred by the one whom tax is assessed. c. Rule of uniformity and equity d. Non-impairment of contracts III. Enumeration e. Origination of appropriation, revenue and tariff bills 1. Principles of a sound tax system f. President’s power to veto a. Fiscal Adequacy g. No public money shall be appropriated for b. Equality or Theoretical Justice religious purposes c. Administrative Feasibility h. No imprisonment for nonpayment of poll tax 2. Groups under the BIR deputy commissioner 8. Objects of taxation a. Operations Group a. Persons b. Legal and Enforcement b. Properties c. Information Systems Group c. Excise Objects d. Resource Management Group 9. Purposes of Taxation 3. Inherent limitation of taxation a. Revenue Purpose a. Taxes may be levied only for public purposes b. Regulatory Purpose b. Tax legislation may not be delegated. c. Compensatory Purpose c. Tax power is limited to territorial jurisdiction of the State. IV. Taxable Income d. Taxation is subject to international comity e. Government entities are generally tax-exempt. 1. 13th month pay in excess of P82, 000. 4. Examples of administrative requirements of BIR 2. 10 days monetized sick leave credits of private a. A person subject to any internal revenue tax employees. shall register once with the appropriate revenue 3. Statutory minimum wage of minimum wage earner office. who has other reportable income. b. All persons who are engaged in business shall 4. Interest Income in bank deposit earned by duly secure from the BIR an authority to print registered cooperative. receipts or sales or commercial invoices before 5. Separation pay due to voluntary resignation. 6. Money acquired through illegal means a printer can print the same. 7. Gains from the sale of bond with a maturity of 4 yrs. c. Follow rules given when issuing receipts or sales 8. Professional athlete’s salary. or commercial invoices (see pg. 87) 9. 14th month pay of P32, 000 to complete the 13 th month pay and other benefits already received amounting to P50, 000. 10. Board of Director’s fee.
V. Non- Taxable Income
1. Productivity incentive schemes arising from CBA,
P10, 000. 2. Overtime pay of a wage earner. 3. Amount Received in payment of moral damages due to physical injuries. 4. Novel prize received due to civic achievement contributions. 5. Income earned within the Philippines by the World Bank. 6. P10, 000 productivity incentive bonus. 7. Annual clothing allowance of P5, 000. 8. Income of PAGCOR. – sabi sa book taxable daw wt 9. Group insurance benefits.