General Principles

of Taxation
Tax 111 Income Taxation
Ferdinand C. Importado
CPA, MBA

Objectives
At the end of this lecture, the students shall
be able to:
Define taxation.
Discuss the purposes of taxation.
Identify the theory and basis of taxation.
Describe the principles of a sound tax
system.
List the nature of taxation.

Objectives
At the end of this lecture, the students shall
be able to:
Explain the limitations of taxation
(constitutional and inherent).
Identify the aspects of taxation.

What is taxation?

Taxation is the process or means by which

the sovereign, through its lawmaking
body, raises income to defray the
necessary expenses of the government.

Purpose of taxation

Primary purpose
To provide funds or property with which
to promote the general welfare of its
citizens and to enable it to finance its
multifarious activities.

Purpose of taxation
Secondary purposes
To strengthen anemic enterprises by
giving tax exemptions.
To protect local industries against
foreign competition through imposition of
high customs duties on imported
goods.

Purpose of taxation
Secondary purposes
To reduce inequalities in wealth and
income by imposing progressively
higher taxes.
To prevent inflation by increasing taxes
or ward off depression by decreasing
taxes.

Theory and basis of taxation

Theory
The existence of the government is a
necessity.
The government cannot continue without a
means to pay its expenses.
The government has the rights to compel its
citizens and property within its limits to
contribute.

Theory and basis of taxation

Basis
Taxation is based on the reciprocal duties of
protection and support between the
government and its people.
Government receives taxes from the people
which is used to perform functions of
government and other benefits.
Benefit-received theory.

Basic principles of sound tax

system

Fiscal adequacy
Equality or theoretical justice
Administrative feasibility

Fiscal adequacy
The source of government revenue should
be efficient to demand the needs of public
expenditure.
Creating new taxes or new tax machinery
or by merely changing the rates applicable
to existing taxes.

Equality or theoretical justice

The tax burden should be proportionate to

the taxpayers ability to pay.
Ability-to-pay principle

Administrative feasibility
The tax laws should be capable of
convenient, just and effective administration.
Each tax should be:
Clear and plain to the taxpayer.
Capable of uniform enforcement
Convenient as to time, place and manner of
payment.
Not unduly burdensome upon or discouraging to
business activity

Nature of taxation

It is inherent in sovereignty.
Legislative in character.
Subject to constitutional and inherent
limitations.

Limitations of taxation
Inherent limitations restrictions on the
power exists from the very nature of the
power of taxation itself.
Constitutional limitations restrictions
in the exercise of the power of taxation as
expressly provided in the Philippine
Constitution.

Constitutional limitations

Due process.
Equal protection of the laws.
Rule of uniformity and equity in taxation.
Non-imprisonment for non-payment of poll
tax.
Non-impairment of the obligations and
contracts.
Non-infringement of religious freedom.

Constitutional limitations
No appropriation for religious purposes.
Exemption of religious, charitable or
educational entities, non-profit cemeteries,
and churches from taxation.
Exemption of revenues and assets of nonstock, non-profit educational institutions
and donations for educational purposes
from taxation.

Constitutional limitations
Concurrence by a majority of all members
of the Congress for the passage of a law
granting any tax exemption.
Power of the President to veto any
particular item or items in a revenue or
tariff bill.
Non-impairment of the jurisdiction of the
Supreme Court in tax cases.

Inherent limitations
Requirement that levy must be for a public
purpose.
Non-delegation of the legislative power to
tax, except:
Delegation to the President
Delegation to local governments
Delegation to administrative bodies

Inherent limitations

Exemption from taxation of government

entities.
International comity
Territorial jurisdiction

Aspects of taxation
Levy deals with the provisions of law
which determines:
The person or property to be taxed
The sum or sums to be raised
The rate of the tax
The time and manner of levying, receiving
and collection the tax.

Aspects of taxation

Collections constituted of the provisions

of law which prescribe the manner of
enforcing the obligation on the part of
those taxes to pay the demand thus
created.