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TAX > General Principles of Taxation > Flashcards

General Principles of Taxation Flashcards

1
Q

The inherent power by which the sovereign, through its law-making body, raises revenue to defray the necessary expenses of the government

A

Taxation

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2
Q

What is the primary purpose of Taxation?

A

To raise revenue to finance government expenditures

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3
Q

Characteristics of Power to Tax? CUPS

A

Comprehensive
Unlimited
Plenary
Supreme

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4
Q

3 Principles of Sound Tax System?
FAT

A

Fiscal Adequacy - revenue raised must be sufficient to meet expenditures

Administrative Feasibility - tax laws must be clear and concise

Theoretical Justice or Equality- ability to pay theory

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5
Q

Inherent Limitations: NEPTI

A
  1. Non delegation of legislative power to tax
  2. Exemption from taxation of government entities (GOCC are taxable)
  3. Levied for Public purpose
  4. Territoriality jurisdiction (situs)
  5. International comity
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6
Q

Constitutional Limitations

A
  1. Due process
  2. Equal protection of the laws
  3. Rule of uniformity and equity in taxation
  4. Non-imprisonment for non-payment of poll tax
  5. Non-impairment of oblicon
  6. Non-infringement of religious freedom
  7. No appropriation for religious purposes
  8. Exemption for religious, charitable, educational entities NGO
  9. Power of President to veto
  10. Non-impairment of the jusrisdiction of the Supreme Court in tax cases
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7
Q

Stages or Aspects of Taxation

A
  1. Levy - Congress determination of object and subject, rates
  2. Assessment and Collection
  3. Payment
  4. Refund
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8
Q

The BIR shall be composed of:

A
  1. Comissioner
  2. 4 Deputy Comissioners for:
    a. Operations Group
    b. Legal
    c. Information Systems
    d. Resource Mgmt.
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9
Q

Inherent Powers:

A

Police Power
Eminent Domain
Taxation

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10
Q

The inherent powers of the state are primarily_____ in character

A

Legislative!

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11
Q

Doctrine of Symbiotic Relationship?

A

Benefits-received theory - Mutualism

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12
Q

Justifies tax being preferred credit?

A

Lifeblood Doctrine

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13
Q

Also known as Tax dodging, and is ILLEGAL way of not paying tax

A

Tax Evasion

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14
Q

When the LAW itself provides for non-payment of taxes, such tax escape is

A

Tax Holiday

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15
Q

The House of Representives is composed of 300. Only 200 attended the session. Howmany votes are required to pass the Bill?

A

Still 151

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16
Q

Foreign governments cannot collect taxes from PH government is the principle of?

A

International Comity

17
Q

BIR Comissioner as of May 2021?

A

Ceasar Dulay

18
Q

Nature/Characteristics of the State’s Power to Tax: ILS

A

Inherent in Sovereignty- can be exercised though not expressly stated in Consti

Legislative in Character - only legislative can impose tax and enact laws

Subject to Constitutional and Inherent limitations

19
Q

Term for Specific - tax or fixed amount

A

Ad Valorem

20
Q

Double Taxation Unconstitutional?

A

No but being discourage

21
Q

2 types of Double Taxation

A

Direct - taxing the same property or subject matter, same purpose, etc.

Indirect - absence of forgoing requisites makes it indirect

22
Q

An amount substracted from GROSS INCOME to arrive at taxable income

A

Tax Deduction

23
Q

An amount subtracted from TAX LIABILITY (TAX DUE) to arrive at the tax liability still due

A

Tax Credit

24
Q

Refers to the ariticulation of the absolute waiver by sovereign of its right to collect taxes and power to impose penalties on persons or entities guilty of violating tax law

A

Tax Amnesty - immunity from all criminal and civil obligations from non-payment of taxes

25
Q

Grant of immunity to particular persons or corporations. Immunity from CIVIL LIABILITY ONLY

A

Tax Exemption

26
Q

Prescription period for Tax Refund

A

2 years

27
Q

All taxable property shall be taxed alike

A

Uniformity

28
Q

The burden of taxation falls to those better able to pay

A

Equitability

29
Q

When the burden of the tax falls equally and impartially upon all persons and property subject to it

A

Equality

30
Q

Tax rate increases as the tax base increases

A

Progressivity - ability to pay theory

31
Q

Tax on individuals residing within a specified territory, whether citizens or not

A

Poll Tax

32
Q

Constitutional Limitation:

No person shall be imprisoned for non-payment of a_____

A

Poll Tax

33
Q

This principle means that only taxpayers directly affectedbby imposition of tax law shall be allowed to assail its constitutionality

A

Legal Standing or Locus Standi

TAX (11 decks)

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