Q1 Gen Principles

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UNIVERSITY OF SAN JOSE-RECOLETOS Mr. Allan Leo T.

Paran, CPA
College of Commerce Tax 1 – Income Taxation
Department of Accountancy and Finance 7:30 – 9:00 TTH

NAME: ____________________________ Course and Year: _________________

QUIZ NO. 1 – GENERAL PRINCIPLES OF TAXATION December 12, 2019

Write the letter of your chosen answer (IN CAPITALS) beside the number. Strictly no erasures please.

1. The process by which the State raises income to 7. The following are primary and secondary
defray the expenses of the government is called purposes of the power of taxation. Which one
a. Subsidy option pertains to the primary purpose?
b. Tariff a. Protection of local industries against
c. Taxation foreign competition through imposition of
d. Tribute high customs duties on imported goods
b. Reduction of inequalities in wealth and
2. One of the characteristics of taxes is that they income by imposing progressively higher
are: tax rates
a. Criminal in nature c. To secure revenue for the support of the
b. Penal in nature government
c. Political in nature d. Strengthening of anemic enterprises by
d. Generally prospective in application giving tax exemptions

3. In case of conflict between tax laws and generally 8. Which is the best answer? A tax reform enacted
accepted accounting principles (GAAP): by the State at any given time underscores the
a. Both tax laws and GAAP should be fact that:
enforced a. Taxation is an inherent power of the
b. GAAP shall prevail over tax laws State
c. The issue will be decided by the b. Taxation is a power that is very broad
Supreme Court c. The state can and should adopt a
d. Tax laws shall prevail over GAAP progressive system of taxation
d. Taxation is for public purpose
4. Statement I. In case of ambiguity, tax laws should
be interpreted in favor of the BIR 9. All of the following correctly describes the three
Statement II. In case of deductions and tax basic principles of a sound tax system, except:
exemptions, doubts shall be resolved strictly a. It should be capable of being effectively
against the taxpayer enforced
a. False, false b. It must be progressive
b. True, true c. Sources of revenue must be sufficient to
c. False, true meet government expenditures and other
d. True, false public needs
d. It should be exercised to promote public
5. All of the following, except one, are sources of tax welfare
laws-
a. legislation, tax treaties and tax 10. The requirement of equality or theoretical justice
ordinances is complied with if the tax is
b. judicial decisions a. Progressive
c. opinions of eminent authors of tax b. Regressive
reference books c. Ad valorem
d. administrative rules and regulations d. Specific

6. The following have the inherent or delegated 11. The president of the Philippines and the prime
power of taxation, except: minister of Japan entered into an executive
a. The Governor of the Province of Cebu agreement in respect of loan facility to the
b. The President of the Philippines Philippines from Japan whereby it was stipulated
c. The Congress of the Philippines that interest on loans granted by private
d. The City Council of the City of Manila Japanese financial institution in the Philippines
shall not be subject to Philippine income taxes.
What basic characteristic of taxation has been
violated by this agreement?
LAST NAME: __________________ TAX 1 QUIZ NO. 1 – General Principles of Taxation

a. Inherent limitation b. Due process of law


b. Legislative in character c. Non-delegation of legislative power
c. Administrative feasibility d. Equality of taxation
d. Theoretical justice
18. The lung center of the Philippines, a charitable
12. These are restrictions on the exercise of the institution, is erected in the middle of a twelve
power of taxation other than those found in the hectare lot
Constitution or implied from its provisions. I. A big space at its ground floor is being
a. Inherent Limitations leased ton private parties, for canteen
b. Constitutional Limitations and small store spaces and to medical or
c. Natural Limitations professional practitioners who use the
d. All of the above same as their private clinics for their
patients whom they charge for their
13. The following are inherent limitations on the professional service
power of taxation, except II. The rest of the portions of the building
a. Prohibition against double taxation are used for its patients whether paying
b. International comity or non paying
c. Legislative in character III. Almost one-half of the entire area of the
d. Territoriality lot on the left side of the building is
vacant and idle
14. The City Council passed an ordinance imposing IV. A big portion on the right side is being
an occupation tax on an air-conditioning leased for commercial purposes to a
technician. Conde is the only person with such private enterprise known as the Orchids
occupation in the city. He challenged the validity & Garden Center
of the ordinance as being discriminatory since he
is the only one adversely affected Which of the portion is subject to real
a. The contention of conde is tenable property tax?
b. The ordinance is unconstitutional a. I only
because Conde is denied of his right to b. I and II
equal protection of the law c. II and IV
c. The constitution of Conde is not justified d. I, III and IV
because the rule on a uniformity is not
violated considering that the ordinance 19. Statement 1- The constitutional exemption on
would also be imposed on air- income taxes, property taxes and customs duties
conditioning technician who may come is allowed on non-stock, nonprofit educational
within the jurisdiction of the city institution only
d. The issue on validity or invalidity of the Statement 2-A building being leased by its owner
ordinance should be set a side to a private educational institution for use as
classroom is exempt from property tax
15. The following characteristics of a tax law is Statement 3- Income of a non-stock, nonprofit
violative of the due process clause in the educational institution run by the Archdiocese is
Constitution, except: exempt from tax provided that the incomes are
a. Arbitrary actually, directly and exclusively used for
b. Excessive educational purposes
c. Proportionate
d. Discriminatory Which of the above statements are correct

16. All subjects or objects that are similarly situated a. Statement 1 only
are treated alike as to the burden that may be b. Statement 1 and 3
imposed and the benefits that may result c. Statement 2 only
a. Uniformity d. All of them
b. Equitable
c. Proportional 20. Which statement is wrong? Tax laws
d. Progressive a. must originate from the House of
representative and on which same bill the
17. Treating persons who are similarly situated in the Senate may propose amendments
same manner b. may originate from the Senate and on
a. Uniformity of taxation which same bill the House of

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LAST NAME: __________________ TAX 1 QUIZ NO. 1 – General Principles of Taxation

Representatives may propose


amendments 25. Which of the following statements is incorrect?
c. may have the House version and Senate a. No person shall be imprisoned for non-
version approved separately payment of debt or non-payment of taxes
d. may be recommended by the President b. The passage of laws granting tax
to Congress exemptions required the concurrence by
a majority of all the members of congress
21. Congressman V of the 2nd district of Nueva Ecija c. The supreme court’s jurisdiction over tax
and Senator R sponsored a bill in the House of cases cannot be impaired
Representative and the senate, respectively, d. The revenues and assets of non-stock,
increasing the personal exemptions of individual nonprofit educational institutions and
taxpayers as well as granting tax exemption to donations for educational purposes are
minimum wage earners. Which of the following exempted from taxes and duties
statement is not incorrect?
a. The Senate bill should be discussed 26. A fundamental rule in taxation is that the property
ahead of the House bill of one country may not be taxed by another
b. The Senate and House bills maybe country.
discussed at the same time in both a. International law
chambers b. International comity
c. The House bill should be discussed c. Reciprocity
ahead of the Senate bill d. International inhibition
d. No priority, each bill can be discussed
ahead of the other 27. This deals with the provisions of the law which
determines the person or property to be taxed,
22. No law granting any tax exemption shall be the sum or sums to be raised, the rate thereof,
passed without the concurrence of and the time and manner of levying receiving and
a. Majority of all members of the Congress collecting of taxes
b. 2/3 vote of all members of the Congress a. Collection
c. ¾ vote of all members of the Congress b. Payment
d. Unanimous vote of all members of the c. Enforced contribution
Congress d. Levy

23. The veto of the president may be overridden by 28. This constituted of the provisions of law which
the vote of prescribe the manner of enforcing the obligation
a. Majority of all members of the Congress on the part of those taxed to pay the demand
b. 2/3 vote of all members of the Congress thus created
c. ¾ vote of all members of the Congress a. Collection
d. Unanimous vote of all members of the b. Proportionate in character
Congress c. Enforced contribution
d. Levy
24. Which of the following statements is incorrect
with respect to the power of the president 29. The place or authority that has the right to
a. Congress may authorize the President to impose and collect taxes
fix within specified limits tariff rates, a. Territoriality
import and export quotes, tonnage and b. international comity
wharfage dues, and other duties or c. situs of taxation
imports within the framework of the d. transformation
national development program of the
government 30. The following are not part of the characteristics of
b. The president can veto any particular a tax, except?
item in a revenue or tariff bill, but the veto a. A tax is pecuniary burden and the law
shall not affect the items to which he may not allow payment in kind
does not object. b. It is dependent upon the will or
c. The power of taxation can be delegated contractual assent, express or implies of
to the president of the Philippines the person taxed
d. The president of the Philippines is c. It is levied by the state by virtue of its
empowered to grant tax exemption on sovereignty
certain class of taxpayers

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LAST NAME: __________________ TAX 1 QUIZ NO. 1 – General Principles of Taxation

d. It is collected for public and private d. Q1, Q2 and Q3


purposes
37. After having been informed that some massage
31. The following are characteristics of a tax, except: parlors are being used as fronts for prostitution,
a. Unlimited as to amount the Sangguniang Panglunsod ng Manila passed
b. Regular in payment a tax ordinance subjecting massage parlors
c. Proportionate in character within its jurisdiction to such burdensome taxes
d. Payable in money that leave them no other alternative but to stop
operating. The passage of the ordinance is a
32. A tax that is imposed upon a person who is valid exercise of
directly bound to pay it a. Taxation
a. direct tax b. Eminent domain and Taxation
b. Indirect tax c. Police power and Eminent domain
c. excise tax d. Police power and Taxation
d. poll tax
38. The following factors affect the determination of
33. I. A tax that is imposed solely to raise revenue for the situs of taxation, except:
government expenditures a. Residence of the taxpayer
II. A tax levied for particular or specific purpose b. Citizenship of the taxpayer
irrespective of whether revenue is actually raised c. Source of the income
or not d. Nature of the taxpayer
a. Revenue tax, specific tax
b. Revenue tax, regulatory tax 39. As a rule, for taxes on intangible personal
c. Ad valorem tax, regulatory tax (movable) properties, the situs is:
d. Ad valorem tax, specific tax a. The place where the intangible personal
property is located
34. When refund of a tax supposedly due to the b. The place where the intangible personal
taxpayer has already been barred by prescription, property is exercised
and the said taxpayer is assessed with a tax at c. The citizenship of the person using the
present, the two taxes may be set-off with each intangible personal property
other. This doctrine is called d. The residence of the person owning the
a. Set-off doctrine intangible personal property
b. Doctrine of reciprocity
c. Tax sparing doctrine 40. Statement 1: The Congress can enact tax laws
d. Equitable recoupment even in the absence of a constitutional provision
granting said body the power to tax
35. Police power as distinguished from taxation Statement 2: A tax may be validly imposed in the
a. Just compensation is received by the exercise of police power and not the power to tax
owner of the property a. True, True
b. Maybe exercised by private individuals b. False, False
c. Superior to the non-impairment clause of c. True, False
the constitution d. False, True
d. Property is taken by the government for
public purpose 41. Which of the following may not raise money for
the government
36. A law was passed declaring Manny Pacquiao as a. Power of taxation
exempt from all Philippine taxes. b. Power of eminent domain
Q1: Is he exempt from customs duties on the c. Police power
importation of goods? d. Privatization of government’s capital
Q2: Is he exempt from parking fees on the assets
parking areas owned by the government
Q3: Is he exempt from mayor’s permit fees? 42. The following entities have the authority to
exercise the power of eminent domain, except:
Which of the above questions is/are answerable a. The Congress
by No? b. Department of Public Works and
a. Q2 only Highways
b. Q1 and Q2 c. City of Mandaue
c. Q2 and Q3 d. Bank of the Philippine Islands

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LAST NAME: __________________ TAX 1 QUIZ NO. 1 – General Principles of Taxation

c. A taxpayer's suit can be filed by any


43. Which power is the “most pervasive, least taxpayer in any instance against the
limitable and most demanding among the three government
inherent powers? d. In the Philippines, there may be double
a. Power of taxation taxation
b. Power of eminent domain
c. Police power 50. I. Transfer of the tax burden by one on whom the
d. Power of love tax is assessed to another
II. The reduction in the selling price of income-
44. Tax as distinguished from license fee producing property by an amount equal to the
a. Non-payment does not necessarily capitalized value of future taxes that may be paid
render the business illegal by the purchaser
b. A regulatory measure III. The method by which the manufacturer or
c. Imposed in the exercise of the police producer upon whom the tax is imposed pays the
power tax and strives to recover such expense through
d. Limited to cover cost of regulation lower production cost without sacrificing the
quality of his product
45. The following differences between tax and debt a. Shifting, Capitalization, Transformation
are TRUE, except? b. Capitalization, Shifting, Transformation
a. Tax arises from law but debt arises from c. Shifting, Transformation, Capitalization
private contracts d. Transformation, Capitalization, Shifting
b. Taxes may be set-off but debt cannot
c. Debt can be payable in kind (dacion en 51. Statement I. Tax evasion is also known as tax
pago) but tax cannot dodging
d. Nonpayment of tax may lead to Statement II. Tax avoidance is also known as tax
imprisonment but non-payment of debt minimization
does not necessarily lead to a. True, false
imprisonment. b. True, true
c. False, true
46. This charge is a demand of ownership d. False, false
a. License fee
b. Tax 52. Statement I. A BIR ruling issued by the
c. Toll Commissioner of Internal Revenue and granting
d. Franchise a tax exemption would create a perpetual
exemption in favor of the taxpayer
47. The following are characteristics of a special Statement II. A tax exemption may be withdrawn
assessment, except anytime at the pleasure of the taxing authority
a. it has special application only to a a. True, false
particular time and place b. True, true
b. it is levied only on land c. False, true
c. maybe levied on business d. False, false
d. based wholly on benefits
53. Barbaran Municipality has an ordinance which
48. Which of the following is not an element of direct requires that all stores, restaurants, and other
duplicate taxation which is violative of the equal establishments selling liquor should pay a fixed
protection and uniformity clauses in the annual fee of P20,000. Subsequently, the
constitution municipal board proposed an ordinance imposing
a. same property is taxed twice a sales tax equivalent to 5% of the amount paid
b. same taxing authority for the purchase or consumption of liquor in
c. same purpose stores, restaurants, and other establishments.
d. same amount The municipal mayor refused to sign the
ordinance on the ground that it would constitute
49. Which of the following statements is correct double taxation. Is the refusal of the mayor
a. Tax laws can never have a retroactive justified?
effect a. No. The refusal of the mayor is
b. The government cannot tax its agencies unjustified because direct double taxation
and instrumentalities is allowed in our jurisdiction.

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LAST NAME: __________________ TAX 1 QUIZ NO. 1 – General Principles of Taxation

b. No. The refusal of the mayor is not d. Yes, since the leased portion is not
justified because the impositions are of actually, directly, and exclusively used for
different nature and character. educational purposes.
c. No. The refusal of the mayor is
unjustified because it is not within his 57. Money collected from taxation shall not be paid to
power. any religious dignitary EXCEPT when
d. No. The refusal of the mayor is not a. the religious dignitary is assigned to the
justified because double taxation will Philippine Army.
generate more revenues b. it is paid by a local government unit.
c. the payment is passed in audit by the
54. Direct double taxation in its general sense means COA.
taxing the same subject twice during the same d. it is part of a lawmaker’s pork barrel.
taxing period. In this sense, double taxation
a. violates substantive due process. 58. Which among the following concepts of taxation
b. does not violate substantive due process. is the basis for the situs of income taxation?
c. violates the right to equal protection. a. Lifeblood doctrine of taxation
d. does not violate the right to equal b. Symbiotic relation in taxation
protection. c. Compensatory purpose of taxation
d. Sumptuary purpose of taxation
55. The power to tax is the power to destroy. Is this
always so? 59. Which theory in taxation states that without taxes,
a. No. The Executive Branch may decide a government would be paralyzed for lack of
not to enforce a tax law which it believes power to activate and operate it, resulting in its
to be confiscatory. destruction?
b. Yes. The tax collectors should enforce a a. Power to destroy theory
tax law even if it results to the destruction b. Lifeblood theory
of the property rights of a taxpayer. c. Sumptuary theory
c. Yes. Tax laws should always be enforced d. Symbiotic doctrine
because without taxes the very existence
of the State is endangered. 60. The head priest of the religious sect Tres
d. No. The Supreme Court may nullify a tax Personas Solo Dios, as the corporation sole,
law, hence, property rights are not rented out a 5,000 sq. m. lot registered in its
affected. name for use as school site of a school organized
for profit. The sect used the rentals for the
56. Lualhati Educational Foundation, Inc., a stock support and upkeep of its priests. The rented lot
educational institution organized for profit, is
decided to lease for commercial use a 1,500 sq. a. not exempt from real property taxes
m. portion of its school. The school actually, because the user is organized for profit.
directly, and exclusively used the rents for the b. exempt from real property taxes since it
maintenance of its school buildings, including is actually, directly, and exclusively used
payment of janitorial services. Is the leased for religious purposes.
portion subject to real property tax? c. not exempt from real property taxes since
a. Yes, since Lualhati is a stock and for it is the rents, not the land, that is used
profit educational institution. for religious purposes.
b. No, since the school actually, directly, d. exempt from real property taxes since it
and exclusively used the rents for is actually, directly, and exclusively used
educational purposes. for educational purposes.
c. No, but it may be subject to income
taxation on the rents it receives.

In this world, nothing can be said to be certain, except death and taxes
-Benjamin Franklin

God bless!

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