Income Taxation Flashcards

1
Q

The Inherent Powers of the State

A

Taxation power
Police power
Eminent domain

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2
Q

is the power of the State to enforce proportional contribution from its subjects to sustain itself

A

Taxation power

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3
Q

Is the general power of the state to enact laws to protect the well being of the people

A

Police power

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4
Q

Is the power of the State To take private property for public use after paying just compensation.

A

Eminent domain

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5
Q

May be defined as a state power, a legislative process and the mode of government cost distribution

A

Taxation

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6
Q

Taxation is an inherent power of the state to enforce a proportional contribution from its subjects for public purpose

A

As a state power

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7
Q

Taxation is a process of levying taxes by the legislature of the state to enforce proportional contributions from its subjects for public purpose

A

As a process

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8
Q

Taxation is a mode by which the state allocates its costs or burden to its subjects who are benefited by its spending.

A

As a mode of cost distribution

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9
Q

What is taxation

A

As a state power
As a process.
As a mode of cost distribution

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10
Q

What is the theory of taxation

A

The government’s necessity for funding.

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11
Q

The mutuality of support between the people in the government

A

Basis of Taxation

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12
Q

Theories of cost allocation

A

Benefit received Theory
Ability to pay theory.

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13
Q

Presupposes that the more benefit one receives from the government , the more taxes should pay

A

Benefit received theory

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14
Q

Taxpayers should be required to contribute based on their relative capacity to sacrifice for the support of the government.

A

Ability to pay theory.

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15
Q

Taxes are the life blood of the government

A

The life blood doctrine.

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16
Q

The limitations of the taxation power

A

Inherent limitations
Constitutional limitations

17
Q

Inherent limitations of the taxation power

A

Territoriality of taxation
international comity
Public purpose
exemption of the government
Nondelegation of the taxing power.

18
Q

Stages or aspects of taxation

A

Levy or imposition
Assessment and collection
Payment of tax

19
Q

This process involves the passage of tax laws or the ordinances trough the legislature

A

Levy or imposition

20
Q

this process involves the act of administration and implementation
of tax laws by the executive through its administrative agencies such as the Bureau of Internal Revenue or Bureau of Customs.

A

Assessment and collection

21
Q

This process involves the act of compliance by the taxpayer in contributing his share to pay the expenses of the government.

A

Payment of Tax

22
Q

Businesses are subject to tax in the place where the business is conducted.

A

Business tax situs

23
Q

Service fees are subject to tax where they are rendered.

A

Income tax situs on services

24
Q

The gain on sale is subject to tax in the place of sale.

A

Income tax situs on sale of goods

25
Q

Properties are taxable in their location.

A

Property tax situs

26
Q

Persons are taxable in their place of residence

A

Personal tax situs

27
Q

occurs when the same taxpayer is taxed twice by the same tax jurisdiction for the same thing.

A

Double taxation

28
Q

Elements of double taxation

A
  1. Primary element:
    Same object
  2. Secondary elements:
    a. Same type of tax
    b. Same purpose of tax
    c. Same taxing jurisdiction
    d. Same tax period
29
Q

Types of Double Taxation

A
  1. Direct double taxation
  2. Indirect double taxation
30
Q

This occurs when all the element of double taxation exists for both
impositions.

A
  1. Direct double taxation
31
Q

This occurs when at least one of the secondary elements of double
taxation is not common for both impositions.

A

Indirect double taxation

32
Q

ESCAPE FROM TAXATION (those that result to loss of government revenue)

A
  1. Tax evasion
  2. Tax avoidance
  3. Tax exemption
33
Q

– also known as tax dodging, refers to any act or trick that tends to illegally reduce or avoid the payment of tax.

A
  1. Tax evasion
34
Q

also known as tax minimization, refers to any act or trick that reduces or totally escapes taxes by any legally permissible means.

A
  1. Tax avoidance
35
Q

also known as tax holiday, refers to the immunity privilege or freedom from beingsubject to a tax which others are subject to.

A

Tax exemption