Professional Documents
Culture Documents
Final Taxation and Revenue Administration
Final Taxation and Revenue Administration
AND
REVENUE
ADMINISTRATION
GROUP 2
BAM 090
PUBLIC FISCAL ADMINISTRATION
Activity
Activity
Promotion of
General Welfare
Economic Reduction of
Growth Social Inequality
Theory and Concept of Taxation
Rhea Grace Areglo and Mark Ibardolaza
History of Taxation
EGYPT
• During the various reins of the Egyptian Pharaohs tax collectors were known as scribes.
During one period the scribes imposed a tax on cooking oil. To insure that citizens were
not avoiding the cooking oil tax scribes would audit households to insure that
appropriate amounts of cooking oil were consumed and that citizens were not using
leavings generated by other cooking processes as a substitute for the taxed oil.
GREECE
• In times of war the Athenians imposed a tax referred to as eisphora. No one was
exempt from the tax which was used to pay for special wartime expenditures. When
additional resources were gained by the war effort the resources were used to refund
the tax. Athenians imposed a monthly poll tax on foreigners, people who did not have
both an Athenian Mother and Father, of one drachma for men and a half drachma for
women. The tax was referred to as metolkion.
History of Taxation
ROMAN EMPIRE
• The earliest taxes in Rome were customs duties on imports and exports called
portoria. Caesar Augustus considered by many to be the most brilliant tax strategist
of the Roman Empire. During his reign as "First Citizen" the publicani were virtually
eliminated as tax collectors for the central government. During this period cities
were given the responsibility for collecting taxes. Caesar Augustus instituted an
inheritance tax to provide retirement funds for the military. The tax was 5 percent
on all inheritances except gifts to children and spouses. During the time of Julius
Caesar a 1 percent sales tax was imposed. During the time of Caesar Augustus the
sales tax was 4 percent for slaves and 1 percent for everything else.
Concepts of Taxation
Definition
Aspects
Purposes
Taxation Defined
Lifeblood Theory
Necessity Theory
Theory and Basis of Taxation
Lifeblood Theory
Taxes are what we pay for civilized society. Without
taxes, the government would be paralyzed for lack of
the motive power to activate and operate it.
• LEGISLATIVE STATUS
Republic Act No. 10963 (Tax Reform for
Acceleration and Inclusion or TRAIN Law)
Passed into law on 19 December 2017
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
• Correct a number of deficiencies in the tax system to make it simpler, fairer, and more
efficient.
• Corrects the longstanding inequity of the tax system by reducing income taxes for 99
percent of income taxpayers, thereby giving them much-needed relief after 20 years of
non-adjustment.
• It also raises significant revenues to fund the President’s priority infrastructure
programs to reduce poverty incidence from 21.6 percent in 2015 to 14 percent by
2022.
• 70 percent of the incremental revenues of TRAIN will go to infrastructure and the Build,
Build, Build program, while the balance will go to social services programs.
• In TRAIN, Congress passed two-thirds of the needed revenue for 2018 and is
expected to pass the balance in 2018 to help achieve our revenue and deficit targets.
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
SALIENT PROVISIONS
TRAIN LAW
SOCIAL
HEALTH
MITIGATING
CARE
MEASURES
INFRASTRUCTURES
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
BIR lays down the law for online sellers
• Whether you have a physical store or not, as long as you earn an income within the Philippines, you
are subject to taxes and filing requirements. Yes, even for online businesses: in 2013, BIR issued
Revenue Memorandum Circular (RMC) 55-2013 covering taxpayers’ obligations for online business
transactions.
• The circular confirms that the BIR sees no distinction on whether a business’ operations are physical or
online — for both cases, the tax treatment for the sale of goods or services shall be equally applied.
• For online sellers (not freelancers providing a service), RMC 55-2013 recognizes these common types
of online business transactions:
• Online shopping or online retailing – when online sellers sell goods or services through an
ecommerce portal or virtual shops.
• Online intermediary services – where an intermediary receives a commission or incentives for
successfully generating sales for a principal seller.
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
Your online business tax obligations
The taxes you’re obliged to pay varies on a case-by-case basis. Online sellers should
expect to pay the following categories of taxes on their sales, depending on the income
they’re pulling in.
a) Income taxes
• earns more than ₱250,000 but not more than ₱3 million a year in sales -
The government gives you 2 options for your income tax bill.
1. pay a flat 8% tax from your annual gross sales over ₱250,000
2. follow the tax prescription based on the graduated income tax (0% to 35%) as
prescribed by Tax Reform for Acceleration and Inclusion Act (TRAIN).
• If your income is under ₱250,000, good news: the TRAIN law exempts you from paying taxes
(you are still required to register your business, though).
Tax Reform for Acceleration and Inclusion
(TRAIN) LAW
b) Quarterly Percentage Tax
• Online sellers whose annual gross sales go over ₱3 million must pay VAT
representing 12% of the gross selling price of goods sold.
• These are just very simple explanations of the types of tax that freelancers
or self-employed and sidelining online sellers must expect to pay. These
can only give you an idea of your tax bill, but not the complete picture.
• As we said earlier, you will need to consult a tax specialist to get a better
idea of your online sales tax obligations, based on the particulars of your
business.
Top Individual Tax Payers in Iloilo City as of
June 2022
Top Non-Individual Tax Payers in Iloilo City
as of June 2022
Top Corporate Taxpayers in the
Philippines
Constitutional Limitation
Provisions that are said to be the limitations to the Taxing
Powers are as follows:
1. Due Process of Law
2. Equal Protection of Law
3. Freedom of the Speech and the Press
4. Non-Infringement of Religious Freedom
5. Non-Impairment of Contracts
6. Non-Imprisonment of Debt
Constitutional Limitation
8. Origin of Appropriations, Revenues and Tariff Bills
9. Uniformity, Equitability, and Progressivity of Taxation
10. Delegation of Legislative Authority to Fix Tariff Rates, Import,
Export Quotas, etc.
11. Tax Exemptions of Properties
12. Voting Requirement
13. Non-Impairment of Jurisdiction of Supreme Court
Constitutional Limitation
Provisions that are said to be NOT limitations to the Taxing Powers are
as follows:
1. Constitutional requirement on the subject and title of bills
2. Power of the President to veto to any particular item/s in
appropriation
3. No money shall be paid out of the Treasury except appropriation
made by the law
4. Appropriation of public money for the benefit of the religious
systems
5. Allotment to Local Governments
Local Fiscal Administration
Jenny Vie Kagaoan & Zarah Magno
Scope of Presentation
I. Nature and Scope
II.Legal Basis for Local Fiscal Administration
Fiscal Administration
is the act of managing incoming and
outgoing monetary transactions and
budgets for governments, education
institutions, non-profit organization,
and other public service entities.
I. Nature & Scope
LOCAL FISCAL ADMINISTRATION
refers to systems, structures, processes, officials, and personnel and the policy environment
governing intergovernmental, and inter-local fiscal relations, affecting among others:
the giving and receipt of allotments and grants from the National Government
(NG) to local government units (LGUs);
allotments sharing between LGUs;
Sharing of taxing powers between the national government (NG) and LGUs, and
among LGUs
Policy on tax rates and structures;
Revenue and expenditure planning;
Revenue utilization & expenditure allocation; monitoring & approval budgets, tax
ordinances & other fiscal measures;
Policy on borrowing and borrowing instruments; and
Appointment & supervision of local fiscal officers.
The broad definition comprehends five major elements as the
scope of Local Fiscal administration. These are:
System
Structure
Processes
Official/personnel
Policy environment governing inter-governmental and inter-
local fiscal relation
C. Other Aspects
• Property and supply management;
• Internal control which cut across all fiscal functions; and
• Other related matters, like the central grant and allotment system,
organization for local fiscal administration, and computerization of
fiscal operations/systems.
Fundamental Principles
SEC 305-Local government financial affairs, transactions, and operations shall be
governed by the fundamental principles set forth hereunder;
(a) No money shall be paid out of the treasury except in pursuance of a lawful appropriation or other
specific statutory authority.
(b) Local government funds and monies shall be spent solely for public purposes.
(c) Local Revenue is obtainable only from sources expressly authorized by law and collection thereof
shall at all times be acknowledged properly.
(d) All monies officially received by a public officer in any capacity or upon any occasion shall be
accounted for as government funds, except as may otherwise be specifically provided by law or
competent authority.
(e) Trust funds shall not be paid out of the treasury except in fulfillment of the purpose for which the trust
was created or fund received.
(f) Every officer of the government whose duties permit or require the possession or custody of
government funds shall be properly bonded and such officer shall be accountable and responsible for said
funds and for the safekeeping thereof in conformity with the provisions of law.
(g) Local governments shall formulate sound financial plans and the local budgets shall, by and large, be
Fundamental Principles
SEC 305-Local government financial affairs, transactions, and operations shall be
governed by the fundamental principles set forth hereunder;
(h) Local budget plans and goals shall, as far as practicable, be harmonized with national development
plans, goals, and strategies in order to optimize the utilization of resources and to avoid duplication in the
use of fiscal and physical resources; .
(i) Local budgets shall operationalize approved local development plansshall, to the greatest extent, be
shared by all those exercising authority over the financial affairs, transactions and operations of the local
governments.
(j) Local government units shall ensure that their respective budgets incorporate the requirements of their
component units and provide for equitable allocation of resources among these component units;
(k) National planning shall be based on local planning to ensure that the needs and aspirations of the
people as articulated by the local government units in their respective local development plans are
considered in the formulation of budgets of national line agencies or offices;
(l) Fiscal responsibility shall, to the greatest extent, be shared by all those exercising authority over the
financial affairs, transactions and operations of the local governments .
(m) The local government unit shall endeavor to have a balanced budget in each fiscal year of operation.
II. Legal Basis for Local Fiscal
Administration
1987 Philippine Constitution
Section 2, Article X
“The territorial & political subdivisions shall enjoy local
Autonomy”
Number of Provinces, Cities, and Municipalities
(As of June 30, 2022)
Source: https://www.dilg.gov.ph/PDF_File/factsfigures/dilg-facts-figures-
2022106_776fd731c1.pdf
National Tax Allotment (NTA)
Section 6, Article X of the 1987 Philippine Constitution provides that, “local
government units LGUs shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.”
Section 284 of the Local Government Code of 1991 (Republic Act RA No. 7160
provides that LGUs shall have a forty percent (40%) share in the national
internal revenue taxes (NIRT) based on the collection of the third fiscal year
preceding the current fiscal year.
However, the Supreme Court (SC) En Banc, in its 10 April 2019 Resolution in
the case of “Congressman Hermilando I. Mandanas, et al. vs. Executive
Secretary Paquito N. Ochoa, Jr., et al.” (Mandanas-Garcia Case), declared as
unconstitutional the phrase “internal revenue” appearing in pertinent sections
of RA No. 7160, and ordered the Secretaries of Finance and Budget and
Management and Commissioners of Internal Revenue and Customs, and the
National Treasurer to include all collections of national taxes in the
computation of the base of the just share of the LGUs according to the ratio
provided in the LGC starting FY 2022.
General Appropriations Act (GAA), the nomenclature in lieu of the term “Internal
Revenue Allotment” (IRA) shall be “National Tax Allotment” (NTA) consistent with the
SC Decision on the MandanasGarcia Case.
Sections 18 and 286 of RA No. 7160 and Articles 383 and 390 of its Implementing Rules
and Regulations specify that the share of LGUs shall be automatically and directly released
to the provincial, city, municipal or barangay treasurer without need of any further action,
and shall not be subject to any lien or holdback that may be imposed by the National
Government.
RA No. 9358, appropriating a supplemental budget for FY 2006, provides, in part, the
following:
That the IRA [NTA] is considered automatically appropriated and that future local
government share in the national taxes shall be automatically appropriated (Section 4); and
That the amounts appropriated in the said law, to include shares of LGUs in IRA (NTA)
and other shares therein), shall be released by the DBM in accordance with budgeting
laws, rules and regulations (Section 5).
2022 National Tax Allocation Computation
Pursuant to Section 285 of the same law, the share of the LGUs in the
NTA shall be allocated in the following manner:
Source: https://www.dbm.gov.ph/index.php/programs-projects/national-tax-allotment-nta
2022 National Tax Allocation
Formula on the Distribution of shares for provinces, cities and municipalities
Philippine
Census of Population as declared
Statistics
Population 50% official for all purposes through a
Authority
Presidential Proclamation
(PSA)
Lands
Official and Validated Master List
Land Area 25% Management
of Land Area
Bureau
Equal Sharing 25%
Total 100%
Source: https://www.dbm.gov.ph/index.php/programs-projects/national-tax-allotment-nta
2022 National Tax Allocation
Formula on the Distribution of shares for Barangays
Factor Percentage
Population 60%
Equal Sharing 40%
Total 100%
Each Barangay with a population of not less than one hundred (100)
inhabitants shall receive a minimum of Php80,000 per year
Source: https://www.dbm.gov.ph/index.php/programs-projects/national-tax-allotment-nta
2022 National Tax Allocation
Uses of Fund
• Pursuant to Section 17 (g) of RA No. 7160, the NTA and other local
resources shall first cover the cost of providing the services and facilities
enumerated under Section 17 (b) thereof, particularly those devolved by the
National Government, before applying the same for other purposes.
• Section 287 of RA No. 7160 and Article 383 (b) of its IRR direct
the LGUs to set aside no less than twenty percent (20%) of their NTA to
fund development projects as identified in the LGUs’ development
plans. The appropriation and utilization of said no less than 20% of
the NTA, which is commonly known as 20% Development Fund, shall be
governed by DBM - Department of Finance - Department of the
Interior and Local Government Joint Memorandum Circular No. 1 dated
November 4, 2020.
Source: https://www.dbm.gov.ph/index.php/programs-projects/national-tax-allotment-nta
Total Population, Household Population,
: Number of Households,
by Region, Province, and Highly Urbanized City: Philippines, 2020
Total
Region, Province, and Highly Urbanized City
Population
Region VI (Western Visayas) 7,954,723
Aklan 615,475
Antique 612,974
Capiz 804,952
Guimaras 187,842
Iloilo 2,051,899
City of Iloilo 457,626
Negros Occidental 1 2,623,172
City of Bacolod 1 600,783
Source:
Philippine Statistics Authority, 2020 Census of Population and Housing
:
Source: https://lmb.gov.ph/index.php/transparency-seal/reports/statistical-report#1st-semester-cy-2022
LOCAL GOVERNMENT CODE OF 1991
SEC. 289. Share in the Proceeds from the Development and Utilization of the
National Wealth. - Local government units shall have an equitable share in the
proceeds derived from the utilization and development of the national wealth
within their respective areas, including sharing the same with the inhabitants by
way of direct benefits.
Source: https://www.dbm.gov.ph/index.php/programs-projects/shares-in-the-utilization-and-
development-of-national-wealth
Distribution of Shares
The manner of allocation is provided by Section 292 of RA No. 7160 and
Article 389 of IRR of RA No. 7160.
Source: https://www.dbm.gov.ph/index.php/programs-projects/shares-in-the-utilization-and-
development-of-national-wealth
Distribution of Shares
The manner of allocation is provided by Section 292 of RA No. 7160 and
Article 389 of IRR of RA No. 7160.
Source: https://www.dbm.gov.ph/index.php/programs-projects/shares-in-the-utilization-and-
development-of-national-wealth
Distribution of Shares
The manner of allocation is provided by Section 292 of RA No. 7160 and
Article 389 of IRR of RA No. 7160.
Source: https://www.dbm.gov.ph/index.php/programs-projects/shares-in-the-utilization-and-development-of-national-wealth
LOCAL GOVERNMENT CODE OF 1991
SEC. 291. Share of the Local Governments from any Government Agency or -
Owned and -Controlled Corporation. - Local government units shall have a
share based on the preceding fiscal year from the proceeds derived by any
government agency or government-owned or -controlled corporation engaged in
the utilization and development of the national wealth based on the following
formula whichever will produce a higher share for the local government unit:
(a) One percent (1%) of the gross sales or receipts of the preceding
calendar year; or
(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery
charges and such other taxes, fees or charges, including related surcharges,
interests, or fines the government agency or government -owned or –controlled
corporation would have paid if it were not otherwise exempt.
DEPARTMENT OF BUDGET AND MANAGEMENT
Local Budget Memorandum no. 82, 2.2.4
In addition to the NTA, some LGUs are entitled to the following Special Shares in the
Proceeds of National Taxes:
• Share in the proceeds from the utilization and development of national wealth
within their territorial jurisdiction pursuant to Sections 289 to 291 of RA No.
7160;
• Excise tax on Virginia Tobacco cigarettes pursuant to RA No. 7171;
• Excise tax on Burley and Native Tobacco products pursuant to RA No. 8240, as
amended by RA NO. 10351 (Sin Tax Reform Law)
• Gross income taxes paid by all businesses and enterprises within the
ECOZONES pursuant to RA No. 7922, as amended by RA No. 9400;
• Value-added Tax pursuant to RA No. 7643;
• Value-added Tax in lieu of Franchise Tax pursuant to RA Nos. 7953 and 8407;
and
• Share in Fire Code Fees pursuant to RA No. 9514.
Powers in Pursuance of Local Fiscal Administration
1. General Welfare Clause (Sec.16, RA 7160)
Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those
which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-
reliant scientific and technological capabilities, improve public morals,
enhance economic prosperity and social justice, promote full employment
among their residents, maintain peace and order, and preserve the comfort
and convenience of their inhabitants.
Powers in Pursuance of Local Fiscal Administration
2. Power to Generate and Apply Resources (Sec.18, RA 7160)
Local government units shall have the power and authority to establish an
organization that shall be responsible for the efficient and effective implementation of
their development plans, program objectives and priorities; to create their own sources
of revenues and to levy taxes, fees, and charges which shall accrue exclusively for their
use and disposition and which shall be retained by them; to have a just share in
national taxes which shall be automatically and directly released to them without need
of any further action; to have an equitable share in the proceeds from the utilization
and development of the national wealth and resources within their respective territorial
jurisdictions including sharing the same with the inhabitants by way of direct benefits;
to acquire, develop, lease, encumber, alienate, or otherwise dispose of real or personal
property held by them in their proprietary capacity and to apply their resources and
assets for productive, developmental, or welfare purposes, in the exercise or
furtherance of their governmental or proprietary powers and functions and thereby
ensure their development into self-reliant communities and active participants in the
attainment of national goals.
Powers in Pursuance of Local Fiscal Administration
3. Reclassification of Lands (Sec. 20, RA 7160)
(a) A city or municipality may, through an ordinance passed by the
sanggunian after conducting public hearings for the purpose, authorize the
reclassification of agricultural lands and provide for the manner of their
utilization or disposition in the following cases:
(1) when the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department of Agriculture or
(2) where the land shall have substantially greater economic value for r
residential, commercial, or industrial purposes, as determined by the
sanggunian concerned:
Powers in Pursuance of Local Fiscal Administration
Provided, That such reclassification shall be limited to the following
percentage of the total agricultural land area at the time of the passage of the
ordinance:
(1) For highly urbanized and independent component cities, fifteen
percent (15%);
(2) For component cities and first to the third class municipalities, ten
percent (10%); and
(3) For fourth to sixth class municipalities, five percent (5%):
Provided, further, That agricultural lands distributed to agrarian reform
beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven
(R.A. No. 6657). otherwise known as “The Comprehensive Agrarian Reform
Law”, shall not be affected by the said reclassification and the conversion of
such lands into other purposes shall be governed by Section 65 of said Act.
Powers in Pursuance of Local Fiscal Administration
4. Closure and opening of roads (Sec. 21, RA 7160)
• a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or
open any local road, alley, park, or square falling within its jurisdiction:
• (b) No such way or place or any part thereof shall be permanently closed without making
provisions for the maintenance of public safety therein. A property thus permanently withdrawn
from public use may be used or conveyed for any purpose for which other real property belonging
to the local government unit concerned may be lawfully used or conveyed:
• (c) Any national or local road, alley, park, or square may be temporarily closed during an actual
emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking
of public works and highways, telecommunications, and waterworks projects, the duration of
which shall be specified by the local chief executive concerned in a written order:
• (d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and
regulate the use of any local street, road, thoroughfare, or any other public place where shopping
malls, Sunday, flea or night markets, or shopping areas may be established and where goods,
merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the
general public.
Powers in Pursuance of Local Fiscal Administration
5. Corporate Powers(Sec. 22, RA 7160)
(a) Every local government unit, as a corporation, shall have the following powers:
• (1) To have continuous succession in its corporate name;
• (2) To sue and be sued;
• (3) To have and use a corporate seal;
• (4) To acquire and convey real or personal property;
• (5) To enter into contracts; and
• (6) To exercise such other powers as are granted to corporations, subject to the limitations
provided in this Code and other laws.
Powers in Pursuance of Local Fiscal Administration
6. Authority to Negotiate and Secure grants (Sec. 23, RA 7160)
• Local chief executives may, upon authority of the sanggunian, negotiate and secure
financial grants or donations in kind, in support of the basic services or facilities
enumerated under Section 17 hereof, from local and foreign assistance agencies without
necessity of securing clearance or approval therefor from any department, agency, or
office of the National Government or from any higher local government unit: Provided,
That projects financed by such grants or assistance with national security implications
shall be approved by the national agency concerned: Provided, further, That when such
national agency fails to act on the request for approval within thirty (30) days from receipt
thereof, the same shall be deemed approved.
• The local chief executive shall, within thirty (30) days upon signing of such grant
agreement or deed of donation, report the nature, amount, and terms of such assistance to
both Houses of Congress and the President.
Powers in Pursuance of Local Fiscal Administration
7. Liability for Damages (Sec. 24, RA 7160)
• Local government units and their officials are not exempt from liability for
death or injury to persons or damage to property.
Other Laws and Government Issuance
1. The Department of Finance (DOF) - is the government’s
steward of sound fiscal policy. It formulates revenue
policies that will ensure funding of critical government
programs that promote welfare among our people and
accelerate economic growth and stability.
a. Judiciary
b. Legislative
c. Local government unit
d. President of the Philippines, in certain cases.
Activity
• Who makes revenue regulations?
a. Secretary of Finance
b. Commissioner of BIR
c. Board of Accountancy
d. House of Reperesentatives
Activity
• Andy, married, donated a land commonly owned by him and her
spouse worth P500,000 to her friend Joan. Only Andy signed the deed
of donation. Joan assumed P200,000 unpaid mortgage on the
property. How much is the donor’s tax due?
a. P6,000
b. P90,000 500k - 200k = 300k x 30% = 90,000
c. P1,000
d. P45,000
In this world nothing can
be said certain,
except death and taxes.
-Benjamin Franklin
GROUP 2