set 4: Income and business taxation Flashcards
the process by which a government impose charges on its inhabitants to raise money for public use
Taxation
primary purpose of taxation
raise revenue that will be used in defraying government expenses
secondary purpose of taxation
achieved certain social and economic objectives
may be adjusted in order to prevent economic depression
Regulate Inflation
tobacco is taxed to discourage smoking; imported goods are taxed to protect local producers, and the like
Minimize the Adverse Effects of Certain activities
higher taxes are imposed on those who earn more
Equitable Distribution of Wealth
social science (nature of taxation)
Inherent Power
appropriate private property for particular uses to promote public welfare (under of inherent power)
Eminent Domain
enact laws to promote peace and order, public welfare, security, health and safety, (under of inherent power)
Police Power
“lifeblood” or “bread and butter” (under of inherent power)
Tax
tax laws must first be enacted before taxes can be imposed (nature of taxation)
Legislative
taxation is considered plenary (absolute or supreme), (nature of taxation)
Subject to constitutional and inherent limitations
can be levied for public purposes (Inherent limitations)
Purpose
may levy only on persons and properties within its jurisdiction (inherent limitations)
Territorial Jurisdiction
power to create tax laws with the Congress (inherent limitations)
Non-delegation of legislative power to tax
inherent limitation
Tax exemption of government entities
may not tax the property belonging to a foreign government
International Comity
protect the taxpayer from the promulgation 1 (constitutional limitations)
a. Due of process and equal protection of the laws
protect the taxpayer from the promulgation 2 (constitutional limitations)
b. Rule of uniformity and equity in taxation
protect the taxpayer from potential abuse 1 (constitutional limitations)
c. Presidents power to veto tax bills
protect the taxpayer from potential abuse 2 (constitutional limitations)
d. A law granting any tax exemption needs the concurrence of the majority of the members of the congress
protect the taxpayer from potential abuse 3 (constitutional limitations)
e. Supreme Court’s power to make a final judgement on tax cases
non-imprisonment for non-payment of poll tax
Constitutional limitations
exemption of religious, charitable, or educational institutions
Constitutional limitations