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CHAPTER 1- TAXATION > QUIZ 1 > Flashcards

QUIZ 1 Flashcards

1
Q

process or means by which the sovereign through its law making body imposes burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out the legitimate objects of the government.

A

Taxation

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2
Q

Three Inherent Powers of the State

A

Police Power
Power of Taxation
Power of Eminent Domain

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2
Q

promoting public welfare by restraining and regulating the use of liberty and property.

A

Police Power

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3
Q

power of the state to acquire private property for the public purpose upon payment of just compensation.

A

Power of Eminent Domain

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4
Q

The State raises revenue to defray the necessary expenses of the government.

A

Power of Taxation

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5
Q

Similarities among the Three Inherent Powers of the State

A

*Inherent in the state

*Exist independently in the constitution
-conditions for their exercise may be prescribed by the constitution

*State interferes with private rights and properties

*Legislative in nature and character

*Presuppose an equivalent compensation received, directly or indirectly, by the persons affected.

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6
Q

Purposes of Taxation- Primary

A

Primary : Revenue
-Provide funds of property to promote general welfare

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7
Q

Purposes of Taxation- Secondary

A

Secondary : Regulatory
-Device for regulation or control

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8
Q

Theory of Taxation- Necessity

A

-Preserve the state’s sovereignty
-To give protection and facilities

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9
Q

Theory of Taxation- Lifeblood

A

Lifeblood Theory
-Government’s basic function

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10
Q

Basis of Taxation

A

Reciprocal duties of protection and support between the state and its inahabitants.

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11
Q

Manifestation of Lifeblood Theory

A

*No estoppel against the government

*Collection of taxes cannot be stopped by injunction

*Taxes could not be the subject of compensation or set-off

*Right to select objects (subjects) of taxation

*A valid tax may result in the destruction of the taxpayer’s property

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12
Q

Scope of the Power of Taxation

A

*Comprehensive
*Unlimited
*Plenary
*Supreme

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13
Q

Essential Elements of Tax

A

*Enforced contribution
*Payable in money
*Proportionate
*Levied on persons, property, rights
*Levied by the law-making body
*Levied for public purpose

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14
Q

Aspects of Taxation

A

*Levying or imposition of Tax
*Assessment of the correct amount
*Collection of tax

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15
Q

Nature/ Characteristics of the State’s Power to Tax

A

-Inherent in sovereignty
-Legislative
-Exemptions of government entities, agencies and instrumentalities
-International Comity
-Limitation of Territorial Jurisdiction
-Strongest among the inherent powers

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16
Q

Exception of government entities , agencies and instrumentalities

A

-Agencies performing governmental functions
-Agencies performing propriety functions
-GOCCs
-GSIS
-SSS
-PHIC
-PCSO
-Local water District

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16
Q

Exceptions to Non-Delegation Rule

A

President
Local government
Administrative agencies
Constitutional and inherent limitations

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17
Q

Classification of Taxes-Scope

A

National
Local

17
Q

Classification of Taxes-Subject matter

A

Personal
Property
Excise

18
Q

Classification of Taxes-Who bears the burden

A

Direct
Indirect

19
Q

Classification of Taxes-Determination of fixed amount

A

Specific Tax
Ad valorem

20
Q

As to purpose- taxation

A

-Primary, Fiscal, or Revenue Purpose

-Secondary, Regulatory, Special or Sumptuary Purpose

21
Q

As to Graduation /rate

A

Proportional
Progressive
Regressive

22
Q

As to Taxing authority

A

National
local

23
Q

Elements of Sound Tax System

A

Fiscal adequacy
Theoretical justice or equity
Administrative feasibility

24
Q

Limitations on the State Power to Tax

A

Inherent limitations
Constitutional limitations

25
Q

Situs of Taxation

A

-Place of taxation

-the state or political unit which has jurisdiction to impose a particular tax.

26
Q

Factors in Determining Situs of Taxation

A

a. Subject matter ( person, property, or activity)
b. Nature of tax
c. Citizenship
d. Residence of the taxpayer
e. Source of Income
f. Place of excise, business or occupation being taxed

27
Q

Double Taxation

A

There is a burden of two or more impositions

DIRECT DOUBLE TAXATION means taxing twice:
1. By the same taxing authority, jurisdiction or taxing district
2. For the same purpose
3. In the same year or taxing period
4. Same subject or object
5. Same kind or character of the tax

28
Q

Sources of Tax Laws

A
  1. Constitution
  2. National Internal Revenue Code
  3. Tariff and Customs Code
  4. Local Government Code (Book II)
  5. Local tax ordinances/ City or municipal tax codes
  6. Tax treaties and international agreements
  7. Special Laws
  8. Decision of the Supreme Court and the Court of Tax Appeals
  9. Revenue rules and regulations and administrative ruling and opinion
29
Q

Tax Distinguished From Other Terms Or Imposts

sum of money for the use of something

A

Toll-

30
Q

Tax Distinguished From Other Terms Or Imposts

a sanction imposed as a punishment

A

Penalty -

31
Q

Tax Distinguished From Other Terms Or Imposts

– proportional contribution from owners of lands for special benefits

A

-Special Assessment

32
Q

Tax Distinguished From Other Terms Or Imposts

  • all funds or income derived by the government
A

-Revenue

33
Q

Tax Distinguished From Other Terms Or Imposts

  • pecuniary aid directly granted the government to an individual or private commercial enterprise
A

-Subsidy

34
Q

Tax Distinguished From Other Terms Or Imposts

  • charge imposed under the police power
A

Permit/license fee

35
Q

Tax Distinguished From Other Terms Or Imposts

  • taxes imposed exported from or imported into a country.
A

Custom duties

36
Q

Tax Distinguished From Other Terms Or Imposts

  • book of rates containing kinds of merchandise with corresponding duties to pay
A

-Tariff

36
Q

Avoiding/Minimizing the Burden of Tax

  • transfer of tax burden
A

Shifting

37
Q

Avoiding/Minimizing the Burden of Tax

  • producer pays the tax and endeavor to
    recoup himself by improving his process of production
A

Transformation

38
Q

Avoiding/Minimizing the Burden of Tax

  • use of illegal means
A

Evasion

39
Q

Avoiding/Minimizing the Burden of Tax

– exploitation of legally permissible alternative

A

Tax avoidance

40
Q

Avoiding/Minimizing the Burden of Tax

– grant of immunity

A

Exemption

41
Q

Avoiding/Minimizing the Burden of Tax

– reduction in the selling price

A

Capitalization

42
Q

Sources of Tax Laws

A
  1. Constitution
  2. National Internal Revenue Code
  3. Tariff and Customs Code
  4. Local Government Code (Book II)
  5. Local tax ordinances/ City or municipal tax codes
  6. Tax treaties and international agreements
  7. Special Laws
  8. Decision of the Supreme Court and the Court of Tax Appeals
  9. Revenue rules and regulations and administrative ruling and opinion

CHAPTER 1- TAXATION (4 decks)

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