You are on page 1of 1

August 22, 2019 “charity test”

Taxes Grant of tax exemption – May Consti rule.


Based on authority:
1. National Tax
- Real Property Tax
- Local Business Tax
2. Local Tax

Special Assessment
- Only on land
- Not recurring

Toll
- Not a tax
- LGUs may impose toll

Custom Duties
- All custom duties are taxes

GR: Taxes are not debts


- Exception: Domingo v. Garlitos
- Example of tax is similar to debt: Interest, you can
deduct from your gross income

Aspects/Stages:
1. Levy
2. Assessment
3.Collection

Police power > Non-impairment


Non-impairment > Taxation
Eminent domain > Non-impairment

Limitations
In tax, we apply rational-basis test.

Can be imprisoned for non-payment of tax EXCEPT


poll tax.

Priests are not exempt from income tax simple


because they are priests.
BUT cannot impose a license fee sa pagpreach.

Importante is purpose. Irrelevant yung owner pag


yung use is under sa exceptions.
If used for commercial purpose kahit congregation
may ari, still subject to real property tax.

C.B. | D2021

You might also like