Taxation Flashcards Preview

Consti II > Taxation > Flashcards

Flashcards in Taxation Deck (11)
Loading flashcards...

When is the government estopped from collecting taxes?

It failed it make necessary investigation and assessment within 5 years after filing of return

When it failed to collect the tax within 5 years from date of assessment


When will double taxation occur

Taxpayer is taxed twice:

1. Same purpose
2. Same taxing authority
3. Same taxing period
4. Same subject matter
5. Same taxing jurisdiction
6. Same kind or character


What is lifeblood theory / why are taxes imposed

To raise revenue
As a tool for regulation
Power to keep alive (ie locally produced goods against imports)


When are taxes equitable

Apportioned among people according to their ability to pay


Who are exempted to pay taxes by the constitution?

Educational institutions
Charitable institutions
Religious organizations


When can LGU exercise its residual power to tax

There is no grant or prohibition by a statue
Such taxes are not specifically enumerated in the Local Government Code


Define taxation

Government imposes and collects revenue to defray expenses of the government


Nature of taxes (4)

Enforce proportional contributuons from persons and property

Levied by State by virtue of sovereignity

For support of Government

For public needs


What is geographical uniformity

Operates with the same force and effect in every place where subject is found


Rule on tax exemption: (1) by constitution and?

(2) statue. But needs to be passed with the concurrrence of majority of Congress


Requirements for valid classification for purpose of taxation (4)

1. Substantial distinction with real difference
2. Germane (relevant) to the purpose of law
3. Must apply to both present and future condition - all things being equal
4. Apply equally to those belonging to same class