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PUBLIC FISCAL ADMINISTRATION - docxSUM
PUBLIC FISCAL ADMINISTRATION - docxSUM
PUBLIC FISCAL ADMINISTRATION - docxSUM
Chapter 6:
TAXATION FOR DEVELOPMENT
Submitted by Group 5:
Forteza, Renalyn A.
Gallenero, Andrie Kurt D.
Gulmatico, Marc James
2023
THEORY AND PURPOSE OF TAXATION
1. It is an enforced contribution;
3. It is proportionate in character;
5. It is levied by the state which has jurisdiction over the person, property or
transaction;
4. Those that enter on the sources or uses side of the taxpayer's account
Like all other organizations the state needs resources for its operation -
specifically for the support of its government. This became one of the
justifications for taxation. It is often stated that to justify taxes is to justify the
existence of the state itself. In fact, one Supreme Court ruling stated that
taxes are the lifeblood of the government, hence, ultimately that of the state.
Through time, the government has been expanding the scope of its services,
which now includes housing, water services, insurance and job recruitment.
They are now deemed essential to civilized societies, thus giving more
opportunities for self- development of the people or for the pursuit of higher
non- economic goals.
Taxation for development. Taxation had been used as an instrument of
directing the economy of the state to prosperity. More specifically, taxation
has been employed to effect equitable distribution of wealth (progressive of
taxation) and to stabilize the economy (inducing savings or investment or
employment opportunities).
1. Equity, The principle prescribes that taxes must be based on the taxpayer's
ability to pay, as measured by his size of income. Thus, a reasonable
classification of the subjects or objects which are to be subjected to a tax
must be designed. This permits a determination of a tax differentiation
between two taxpayers based upon a relevant difference.
2. Certainty, This second criterion specifies that taxpayers should know which
taxes are imposed, the amount to pay, and the manner of payment. A
taxpayer for example, must be informed whether or not a tax is applicable to
him, and if applicable, how much tax he should pay the government and how
to pay such.
7. As to the amount paid. An example of this is the specific tax which is paid in
fixed amount as appraised by the head or number, or by some standard of
weight or measurement. No assessment is required other than a listing or
classification of the subject to be taxed.
A. Capital Formation
Capital formation is considered the key to economic development. In
developing countries, taxation is increasingly assigned the role of generating
capital savings in an economy where capital resources are scarce. The
scarcity of capital to finance economic growth and production may be traced
to the low level of income and savings, and the high propensity for
consumption
B. Allocation of Resources
Tax measures, through exemptions and incentives, should be able to
enhance the efficiency of resource allocation and maximize the benefits of
allocated resources such that not only full utilization and productivity for
economic growth is achieved but also balanced economic and social
development
Taxation for development requires that the tax system should narrow the gap
of resources and opportunities. In addition to the generation of resources to
finance public expenditures which provide economic and social opportunities
for the less advantaged, tax systems are formulated to exert a direct impact
on income inequities and other inequities in the economy.
Finally, when taxes which are raised through a progressive tax structure are
channeled towards expenditures which improve the income generating
capacities of the disadvantaged,education, health, employment generating
projects, etc., such taxes in the long run contribute to redistribution of income
and wealth.
D. Stability
A development-oriented tax system must be able contend with the instabilities
of the "exposed" economies of developing countries. An "ex- posed economy"
is essentially that which is highly vulnerable to world market developments
which are beyond its control. This exposed position is generally caused by: (1)
the heavy dependence of the local economy on the export of its agricultural or
mineral products as a source of national income and foreign exchange, (2)
dominance of foreign investments in the economy, and (3) the dependence on
foreign sources for manufactured products, including oil, machinery,
foodstuffs and others not met by local production.
As a fiscal measure for economic stabilization, taxation should be able to: (1)
shield the economy from the negative impact of the world market forces in the
short-run, (2) promote the diversification of the economy in the long-run.
Flexible export and import tax administration, along with monetary measures,
can be effective in exploiting to the advantage of the local economy sudden
shifts in world market prices. It is also a powerful instrument for counteracting
the usual high propensity of the economy to import consumer goods.
The Constitution contains one basic principle of taxation which embodies the
desired correlation of taxation to development goals and strategies, The
Constitution expressly provides that the rule of taxation shall be uniform and
equitable and mandates Congress to evolve a progressive system of taxation.
The 1986 tax reform program in the Philippines introduced several changes,
including the introduction of the Value Added Tax System (VAT) and the
introduction of separate computation of income for married couples. The VAT
system has been met with mixed reactions, with critics pointing to its resistivity,
bias against labor and employment, inflationary at turnover, costly to comply
and administer, and requirement for massive information. However,
proponents argue that the advantages outweigh the disadvantages, such as
its self-checking feature, visibility and neutrality, and the additional exemption
for each taxpayer's qualified dependent children. Separate computation of
income for married couples was introduced, but they still need to file a joint
return. For legally separated couples, the additional exemption for dependent
children can only be claimed by the spouse to whom the custody of the
children was awarded.
1. Income Tax- income tax is a tax on all incomes earned by Individuals and
corporations. Income includes salaries and wages, honoraria and
commissions, winnings in gambling and lotteries, dividends, bank interests
and profits from business.
3. Value Added Tax- This is a tax on the privilege of selling merchandise and
of importation. Unless excepted or considered zero- rated by law, VAI is
imposed as 10% of the value of the goods sold or imported.
5. Local Taxes- Under the Local Government Code pursuant to the mandate
of the Constitution, local government units are empowered to levy a variety of
taxes and other fees.
6. Real Property Taxes- The real property tax is assessed on real properties
located within the territory of a local government unit in proportion to its value
or in accordance with some other reasonable method of apportionment.
1. Organizational Reforms
Presidential Decree (PD) No. 1 issued under the New Society enjoined major
revenue agencies to gear their efforts towards development objectives 68 The
Decree updated and streamlined the operation of tan collect agencies. It also
provided for a new staffing pattern, intensified and expanded tax functions,
abolished obsolete divisions, and streamlined the agency functions into two
major functional areas one for administration and another for operations.
Personnel reforms were directed towards the separation of unfit and erring
employees from the service, the adoption of a new staffing pattern with higher
salary scales, and the adoption of an intensified training program. New
recruits were taken in to augment the existing staff and to enable the
personnel system to cope with the increasing magnitude of its new functions
and responsibilities. 69
The tax and revenue collection agencies of the government were the Best to
undergo restructuring. Because of their important role in providing Logistical
support to government's expanded functions and financing requirements, the
BIR and the BOC were reorganized. In the past, these offices have been
invariably subjected to political interference in matters of policy as well as
operations. Employee morale was low, and graft and corruption were rampant.
Both bureau were overstaffed and some of their units were duplicating each
other's functions. Furthermore, the bureaus were performing functions beyond
their basic tasks of tax assessment and collection. 70
The creation of industry group audit teams in the BIR facilitated investigation
of tax returns through the so-called package audit system. Under the system,
the various types of returns of a taxpayer are investigated simultaneously only
once a year. Formerly, each type of tax return was audited singly and
independently without regard to the taxpayer's other types of tax returns. This
practice caused constant irritants between the tax authorities and the taxpayer
and also provided opportunities for harassment, negotiation and manipulation.
The package audit system which prescribes an annual audit minimized these
problems. At the same time, it ensured the investigation of all facets of the
taxpayer's business and, therefore, brings about the discovery of interrelated
transactions. The latter may be resorted to as a means of reducing tax liability
through shifting of income and unfounded claims for deductions of new ones.
2. Substantive Reforms
Aside from organizational and procedural innovations in the major revenue
raising agencies of the government, there were substantive reforms
Introduced on the strength of the reform momentum of the Martial Law. These
reforms included the revision of the Tariff and Customs Code (P.D. No. 34),
and of the National Internal Revenue Code (P.D. No. 09).
The BIR Tax Collection from 1961-1990 showed a decline in tax revenues to
its lowest point at 9.9% of GDP. This was partly offset by easy access to
external financing. However, the fiscal deficit soared to 4.2% of GDP in 1982.
The actual collections only steadily surpassed the goals from 1972 to 1976,
and from 1977 to 1983, collection performance was below the targets. Only in
1984, 1987, and 1989 did collections exceed the targets. The actual collection
percentage increased over the preceding years, but the percentage growth
rate in 1966 over 1965 may be incorrect due to different data sources
between the two periods.
Tax handles refer to the sets of information used for tax assessment and
collection, which can be attributed to high costs, lack of socioeconomic
profiles, negative public attitudes, low compliance, and the nature of the
economy. The administration of business taxes is hampered by the inability of
the tax administrator to accurately assess the volume of sales, while small-
scale and retail trades lack accounting records. Taxing multinational
corporations (MNCs) is even more difficult due to manipulation of accounting
and evasive tactics. Inadequacies in accounting systems and procedures
prevent the generation of valid data for taxing foreign corporations.
Socioeconomic data is also lacking, which is crucial for designing tax systems
and schemes. For example, the gross income taxation scheme is perceived
as too rigid for middle-income families, ignoring factors like school expenses
and house rents. Revenue administration is also inadequately performed, with
fiscal and performance audits being an important part of this. Revenue audits
help identify, analyze, and solve problems behind tax policies and systems,
ensuring the regularity and completeness of income derived from the regular
tax system.
For every change in the administration, among the first to be reorganized are
the revenue agencies with the purpose of purging them from corrupt officials
supposedly belonging of the former administration. This is because these
offices, being involved in the collection of public funds, easily attracts
employees who want to get rich quick the irregular way. It may be said,
Therefore, that most "reforms" involve personnel changes.
Along with changes in the persons of the employees were the person- e-
oriented enhancements. In Martial Law Philippines, this included increase in
the salaries of revenue personnel faster than those of other bureaus, yearly
increase in appropriations for the maintenance and operations of the BIR, and,
in general, provision of facilities for wholesome 86 environment for efficient
revenue administration. Among the early assess of the personnel oriented
reform strategies in that era stated that:
The response of the BIR personnel to the concern of the Administration has
been rewarding: the gross revenue collections of the BIR of P2.501 billion in
1971 is 20% over its 1970 collections of P2.084 billion, and the cost (tax effort)
to collect every peso of revenue went down by 18% from P0.022 in 1970 to
P0.018 in 1971.87
When the Aquino government took over in 1986, personnel reforms long the
same lines were also Implemented. Comparatively speaking, the
organizational set up of the BIR in 1964 possess striking semblance with that
of the Martial Law Regime and that of the present administration, with many of
the offices bearing the same or similar names.
In 1986, even with attention focused more on pressing problems like debt
repayment, economic growth and restoration of democracy, organizational
reforms have been mostly on changes of personnel with the existing
organizational set up substantially retained. This is an implied recognition that
the prevailing organizational set up was correct, and the problem seems to
pertain to the partisan loyalty of men at the helm of the organization, which if
not addressed to may adverse affect the implementation of the more
substantive reforms.
In 1986, side by side with the dismantling of the authoritarian structures, the
new dispensation was faced with an even greater task of reversing the fiscal
difficulties of the almost bankrupt government. This situation was made more
complicated by the interplay of various negative factors like "low level of
economic activity", "low productivity of a diverse collection of taxes, some with
high rates and narrow base due to the proliferation of tax exemptions" and a
"low tax effort of 10.6 percent in 1986. This was the factual backdrop when
the 1986 Tax Reform Package, "a comprehensive set of measures
rationalizing the tax burden on various sectors, was launched. The highlights
of the Tax Package are:
1. Income Taxes
Executive Order No. 37, dated July 31, 1986 introduced major developing
Income Taxation. Among them are the following.
(2) Personal exemptions were raised supposedly to avoid taxing in- come
below the poverty line
2. Travel Tax
Executive Order No. 25 exempts qualified Filipino overseas workers from the
payment of travel tax. This is in recognition of their dollar earning contribution..
3. Export Duties
Export duties imposed on all export products under Section 514 of the Tariff
and Customs Code were abolished pursuant to Executive Order No. 26 as a
step towards trade liberalization. However, the 20% export duty on logs is
retained in consonance with ecological policy of the government.
In view of the reforms introduced in the BIR and in the BOC, it can be noted
that revenue collections have been increasing. It was observed that in the BIR,
a substantial portion of the additional tax revenue was due to stricter
administration of existing taxes and duties. 98 Table I shows that there is an
average annual growth of 20.17% in the collection of taxes from 1961 to 1990.
In the pre Marcos years (1961 to 1965) the annual growth rate was 14.59%,
while during the first term of Marcos (1967 to 1971) it was 13.46%. Growth
rate was highest during the New Society era (1972 to 1985) at 28.53% and
declined to 20.35% in the post-Marcos years (1986 to 1990). It is significant to
note that the first two years of Martial Law posted the highest growth rate of
an average of 82.62% reflective of serious efforts of government collection
effort coupled with taxpayers' positive response.
A. Revenue Administration:
This section addresses the issues and problems related to revenue
administration. It focuses on the challenges faced in managing and collecting
revenue for the government, including issues with tax collection, enforcement,
and efficiency.
Revenue administration complements the tax policy and structure. Where it is
ineffective, it weakens the entire tax system. It renders tax reforms Impractical.
Thus, strengthening tax administration is imperative. Among the numerous
problems of revenue administration, the more urgent are: (1) the lack of tax
"handles" and (2) the assessment of revenue administration.
C. Tax Structures
This section discusses the issues and problems related to tax structures. It
highlights the challenges and shortcomings in the current tax system,
including the complexity of tax laws, loopholes, inequities, and the need for
reforms to ensure a fair and efficient taxation system.
1. Capital Formation and Allocation of Resources
It has attracted foreign capital at a pace which alarms some sectors of the
society. There are possibilities still open. It is claimed that the Philippines is
still under taxed. It is even officially conceded that we are one of those
countries with lowest rate of taxes, particularly with income taxation, 109
Furthermore, it is believed that some taxable sectors have not been
contributing what is due from them. An example of such sectors is the higher
income class which consume highly. taxable luxury and other imported items.
Continuous efforts should therefore be exerted to maximize the generation of
capital investment from domestic sources (local and foreign
3. Economic Stability
A tax structure that can promote economic stability is ideally that which can
respond swiftly to the impact of world market forces in the short-run, and
enhance the long-run efforts to diversify the economy, and realize the
maximum socioeconomic benefits from the participation of foreign investment.