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Module1 - General - Principle - of - Taxation (3) Tax101
Module1 - General - Principle - of - Taxation (3) Tax101
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
I. Learning Module
This Module discusses the fundamental principles of taxation.
Definition of Taxation
Taxation may be defined as a State Power, a Legislative Process, and a mode of Government to cost
distribution.
a. As to State Power – Taxation is an inherent power of the State to enforce a proportional
contribution from its subject for public purpose.
b. As a Process – Taxation is a process of levying taxes by the legislature of the State to enforce
proportional contributions from its subjects for public purpose.
c. As a mode of cost distribution – Taxation is a mode by which the State allocates its costs
or burden to its subject who are benefited by its spending.
Purposes of Taxation
Revenue of fiscal: The primary purpose of taxation on the part of the government is to provide
funds or property with which to promote the general welfare and the protection of its citizens
and to enable it to finance its various types of activities.
It is the enforced proportional contributions levied by the law making body of the state by virtue of
its sovereignty upon the persons or property within its jurisdiction for the support of the government
and all public needs.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
A. Lifeblood Theory
The lifeblood theory constitutes the theory of taxation, which provides that the existence of
government is a necessity; that government cannot continue without means to pay its
expenses; and that for these means it has a right to compel its citizens and property within
its limits to contribute.
Every Government provides a vast array of public services including defense, public order and
safety, health, education and social protection among others.
a. Taxes are the lifeblood of the Government and their prompt and certain availability are
imperious (expecting obedience) need
b. Upon taxation depends the government’s ability to serve the people for whose benefit taxes
are collected
c. Manifestation of lifeblood theory:
Imposition of tax even in the absence of constitutional grant
Right to select objects of taxation
No command to enjoin (or stop) tax collection
B. Basis of Taxation
The reciprocal duties of protection and support between the state and inhabitants (benefits
received theory).
The Government provides benefits to the people in the form of public services, and the people provide
the funds that finance the government. This mutuality of support between the government and the
people is referred to as the basis of taxation
Receipt of benefits is conclusively presumed – Every citizen and resident of the State directly or
indirectly benefits from the public services rendered by the government. These benefits can be in
the form of daily usage of public infrastructures, access to public health or educational services,
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
the protection and security of person and property, or simply the comfort of living in a civilized and
peaceful society which is maintained by the government. Thus, taxpayer cannot avoid payment of
taxes under the defense of absence of benefit received.
1. Benefits received theory – presupposes that the more benefits one receives from the
government, the more taxes he should pay.
2. Ability to pay theory – presupposes that taxation should also consider the taxpayer’s ability to
pay. In short, those who have more should be taxed more even if they benefited less from the
government. Those who have less contribute less even if they receive more of the benefits from
the government.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
b. As to purpose
Taxation Support of government
Police power Promote public welfare
Power of eminent domain Public purpose
c. As to Affected
Taxation Community or class of individuals
Police power Community or class of individuals
Power of eminent domain Individuals as owner of a particular property
d. As to Effect
Taxation Taxes become part of public funds
Police power No transfer of title, there is restraint on the injurious use of property
Power of eminent domain There is transfer of the right to property, either ownership or a lesser
right
e. As to Benefits Received
Taxation Equivalent of tax in the form of protection and benefit
Police power No direct and immediate benefit, only such as may arise from the
maintenance of a healthy economic standard of society (damnum
absque injuria or damage without injury)
Power of eminent domain Market value of the property taken from him
f. As to Amount of Imposition
Taxation No limit
Police power Limited to the cost of the license and the necessary expenses of police
surveillance and regulation
Power of eminent domain No imposition, the owner is paid the fair market value of his property
h. As to Compensation
Taxation For the protection and benefits received from the government
Police power The maintenance of a good economic standard of society
Power of eminent domain Just compensation for the property taken
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
Limitations of Taxation
Inherent Limitation (PENTI) – are those which restrict the power although they are not embodied
in the constitution.
1. Public purpose - This is the purpose affecting the inhabitants of the State as a community and
not merely as individuals
2. Exemption from taxation of government entities - Government agencies performing
governmental functions are exempt from tax unless expressly taxed while those performing
proprietary functions are subject to tax unless expressly exempted
3. Non-delegation of the power to tax - The power to tax is purely legislative, and it cannot be
delegated by the legislature to the executive or juridical departments of the government.
4. Situs of Taxation or Territorial jurisdiction - The tax laws of a state are enforceable only
within its territorial limits
5. International comity - The property of a foreign state or government may not be taxed by another.
Constitutional Limitation (DEO NUER) - are those which are expressly found in the constitution
or implied from its provisions
1. Due process of law
2. Equal protection of the laws
3. Non-impairment of obligation of contract
4. Non-imprisonment for non-payment of poll tax
5. Rule of taxation shall be uniform and equitable
6. Exemption from real property tax of charitable institutions, churches, parsonages or convents
appurtenant thereto, mosques, and non-profit institutions, and all lands, buildings and
improvements actually, directly and exclusively used for religious or charitable purposes.
7. All revenues and assets of non-stock, non-profit educational institutions used actually, directly
and exclusively for educational purposes shall be exempt from taxes and duties. Proprietary
educational institutions, including those cooperatively owned, may likewise be entitled to such
exemptions subject to the limitations provided by law.
Who are exempt? Charitable, educational and Non-stock, non-profit
religious institutions educational institutions
1. Levying or imposition of the tax – Legislative act. This is pertains to the passage of tax laws
and tax ordinance through legislature. (Impact of taxation / process of determining)
2. Assessment aspect – refers to the appraisal and valuation process of the subject or object of
taxation to arrive at total amount of collectible tax.
3. Collection of the tax – essentially administrative character (BIR or BOC)
4. Payment – an incidence of taxation. This is the compliance phase.
The impact of taxation corresponds to the imposition of the tax, shifting refers to transfer of tax and incidence
consist of the payment of tax.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
Situs of Taxation
Situs – place of taxation, the country that has the power and jurisdiction to levy and collect the tax.
The Situs will help in determining the source of an income, whether from within the Philippines or from
abroad or sources outside the Philippines. For taxpayers other than resident citizen and domestic
corporation which are taxable on incomes from all sources, this will serve to identify income which are
taxable in the Philippines.
Subject Situs
Poll tax on persons Residence of the person
Real property tax State where the property is located whether the owner is resident or not
Tax on tangible State where it is physically located although the owner resides in
personal properties another jurisdiction (lexi rei sitae)
Tax on intangible Domicile of the owner (mobilia sequntur pesonam)
personal properties
Income Tax State where the taxpayer is a resident or citizen
Business, occupation Place where the business is done, or the occupation is engaged in or the
and transaction transaction took place
tax
Gratuitous transfer of property State where the transferor is/was a citizen or resident, or where the
property is located
Double Taxation - Can be defined as “taxing twice” by the same taxing authority same purpose, within
the same taxing:
1. in the same year or period,
2. the same subject by the same taxing jurisdiction,
3. same authority.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
Example:
You may have gross receipts of the business establishment subject to income tax and VAT under the NIRC and
business tax under local taxation. There is no double taxation (income tax and VAT) because they are for 2
different purposes – one is for income and the other is for excise. Income tax and VAT are imposed by the state
and the business tax is imposed by the LGU. So, there is not double taxation because they are imposed by
different taxing authorities.
In a deed of sale, that sale is subject to capital gains tax and doc stamp tax, both under the NIRC. There is no
double taxation because the 6% capital gains tax is for income and the doc stamps tax is an excise tax for the
privilege of entering into a transaction.
Forms of Escape from Taxation
1. Shifting
2. Capitalization
3. Transformation
4. Evasion
5. Avoidance
6. Exemption
Shifting – transfer of the tax burden by the person on whom it is imposed by law to another
who bears it. Kinds of shifting
1. Forward shifting – this takes place when the burden of the tax is transferred from a factor or
production through the factors of distribution until it finally settles on the ultimate purchaser
or consumer.
2. Backward shifting – this is effected when the burden of the tax is transferred from the customer
or purchaser through the factors of distribution to the factor of production
3. Onward shifting – this occurs when tax is shifted two or more time either forward or backward
Capitalization – Form of backward shifting whereby future taxes on property sold are capitalized at
the time of purchase and deducted in lump sum from the selling price.
Evasion – known as tax dodging, is the use by the taxpayer or illegally permissible methods in order
to reduce tax liability
Avoidance – Known as tax minimization, is the used by the taxpayer or legally permissible methods in
order to reduce tax liability
Exemption from Taxation - Exemption from taxation – is a grant of immunity, express or implied, to
particular persons or corporations, or to persons or corporation of a particular class, from a tax upon
property, or an excise tax which persons and corporations generally within the same taxing district, are
obliged to pay.
Classification of exemptions
1. Express or affirmatives – these are express provisions in the constitution, statutes, treaties,
ordinances, franchise or contract.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
2. Implied or exemption by omission – these occurs when a tax is levied on certain classes of
persons, properties, or transactions without mentioning other classes. Those not mentioned
are deemed exempted by omission
Classes of Taxes
As to subject matter
Personal, poll, capitation – tax of fixed amount imposed on individuals residing within a specified territory
without regard to their property or the occupation in which they may be engaged. Example Residence tax
(community tax)
Property – tax imposed on property, whether real or personal, in proportion, either to its value or in
accordance with some other reasonable method of apportionment. Example Real estate tax
Excise – tax imposed upon the performance of an act, the enjoyment of a privilege or the engaging in an
occupation. Example income tax, privilege tax on business or occupation, transfer tax, VAT and Other
percentage tax
Indirect – tax which is demanded from one person in the expectation and intention that shall indemnify
himself at the expense of another or tax which the taxpayer can shift to another. Example Percentage
tax, Value added tax (Tax on Business)
As to Determination of amount
Specific – tax of a fixed amount imposed by the head or member, or by some standard of weight or
measurement; it requires no assessment other than a listing or classification of the objects to be taxed.
Example: Excise tax on distilled spirits, excise tax on cigar, cigarettes and liquors
Ad-valorem – tax of a fixed proportion of the amount or value of the property to which the tax is assessed.
It requires the intervention of assessors or appraisers to estimate the value of such property before the
amount due from each taxpayer can be determined. The most common ad valorem tax examples include
property taxes on real estate, sales tax on consumer goods, and VAT on the value added to a final
product or service. Ad valorem taxes comprise one of the primary sources of revenue for state, county,
and municipal governments.
As to purpose
General, fiscal or revenue – tax imposed for the general purpose of the government or to raise revenue
for governmental needs Example- Sales tax, Income tax, Donor’s tax, Estate tax
Special or regulatory – tax imposed for a special purpose or to achieve some social or economic ends.
Example: Tariff or customs duties.
Municipal or local – imposed by the municipal governments. Example Real estate taxes, Municipal
licenses, community tax
As to graduation or rate
Proportional – tax based on fixed percentage of the amount of property income or other basis to be fixed.
Example: VAT, Percentage Tax, and Real Estate Tax
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
Progressive or Graduated Tax – the rate increase as the tax base increases. Example: income tax, estate
tax, donor’s tax
Regressive tax – the tax rate decreases as the tax base increases. The Philippines is not practicing the
Regressive tax.
Degressive tax – increase of rates is not proportionate to the increase of tax base
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
Under the 1987 Philippine Constitution, all revenue and tariff bills shall originate from the House of
Representative. A revenue bill is one that levies taxes and raises funds for the government, while a
tariff bill specifies the rates or duties to be imposed on imported articles.
Taxes are used to support government in nation-building. It is levied for public purpose such as:
1. Construction of roads and bridges
2. Pensions to retired government employees and their widows and children.
3. Assistance to victims of calamities.
4. Social welfare and health projects.
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
2. In case of conflict between tax laws and generally accepted accounting principles (GAAP) (RPCPA)
A. Both tax laws and GAAP shall be enforced
B. GAAP shall prevail over tax laws
C. Tax laws shall prevail over GAAP
D. The issue shall be resolved by the court
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
6. All of the following, except one, are canons of a sound tax system
A. Fiscal adequacy
B. theoretical justice
C. Administrative feasibility
D. inherent sovereignty
7. Under the basic principle of sound tax system, the government should not incur a deficit. (RPCPA)
A. Theoretical justice
B. Administrative feasibility
C. Fiscal Adequacy
D. None of the above
8. The following, except one, are basic principles of a sound tax system
A. It should be capable of being effectively enforced.
B. It must be progressive
C. Sources of revenue must be sufficient to meet government expenditures and other public needs.
D. It should be exercised to promote public welfare.
10. The power of taxation is inherent in sovereignty being essential to the existence of every
government. Hence, even if not mentioned in the Constitution, the state can still exercise the
power.
It is essentially a legislative function. Even in the absence of any constitutional provision, taxation
power falls to Congress as part of the general power of lawmaking
A. False, False
B. False, True
C. True, True
D. True, False
11. They restrict the exercise of the power of taxation although they are not embodied in the Constitution
A. theoretical justice
B. legislative in character
C. inherent limitation
D. constitutional limitations
12. A tax must be appropriated and spent for public purpose. Which of the following is not a public
purpose?
A. dole-out to victims of calamity
B. PantawidPamilyang Pilipino Program (4 Ps)
C. improvement of sugar industry
D. construction of a barangay chapel
14. Question 1: Can the state tax the Armed Forces of the Philippines?
Question 2: Are the government-owned and controlled corporations subject to tax?
A. Yes, No
B. Yes, Yes
C. No, Yes
D. No, No
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
-END-
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE ONLY
TAX101 – INCOME TAX. 1st Sem. 2020-2021 NOT FOR SALE. EXCLUSIVE FOR GORDON COLLEGE
ONLY