Professional Documents
Culture Documents
Name:__________________________ Date:_________________________
Section:________________________ GENERAL PRINCIPLES OF TAXATION
4. Which of the inherent powers maybe exercised even by public service corporations and public entries
a. Power of taxation c. Power of eminent domain
b. Police power d. A and C\
8. They exist independent of the constitution being fundamental powers of the state, except
a. Power of taxation b. Police power c. Power of eminent domain d. People power
9. The power to acquire private property upon payment of just compensation for public purpose
a. Power of taxation b. Police power c. Power of eminent domain d. Power of recall
10. The power to regulate liberty and property to promote the general welfare
a. Police power b. Power of taxation c. Power of eminent domain d. super power
11. The power to demand proportionate contributions from persons and property to defray the expenses of the
government
a. Power of taxation b. Police power c. Power of eminent domain d. National power
13. The tax imposed should be proportionate to the taxpayer’s ability to pay
a. Fiscal adequacy c. Administrative feasibility
b. Equality or theoretical justice d. Economic consistency
14. The sources of revenue as a whole, should be sufficient to meet the demands of public expenditures
/etd
a. Fiscal adequacy c. Administrative feasibility
b. Equality or theoretical justice d. Revenue generation
15. The tax laws must be capable of convenient, just and effective administration
a. Fiscal adequacy c. Administrative feasibility
b. Equality or theoretical justice d. Internal acceptability
17. Subject to inherent and constitutional limitations, the power of taxation is regarded as supreme, plenary,
unlimited and comprehensive
a. Basis of taxation b. Situs of taxation c. Scope of taxation d. Theory of taxation
18. Statement 1 – The point on which a tax is originally imposed is impact of taxation
Statement 2 – Police power is superior to the non-impairment clause of the constitution
Statements 3 – As a rule, taxes are subject to set-off or compensation
Statements 4 - As a rule, provisions on validity of tax exemptions are resolved liberally in the favor of the
taxpayer
Statement 1 Statement 2 Statement 3 Statement 4
a. True False False False
b. True True False True
c. True True False False
d. False True False True
19. The levying or imposition of tax and the collection of the tax are processes which constitute the taxation
system
a. Basis of taxation b. Aspects of taxation c. Nature of taxation d. Theory of taxation
20. The process or means by which the sovereign, through its law-making body raises income to defray the
expenses of the government
a. Toll b. License fee c. Taxation d. Assessment
21. Enforced proportional contributions from persons and property levied by the state by virtue of its
sovereignty for the support of the government and for all public needs
a. Toll b. License fee c. Taxation d. Assessment
22. Persons or things belonging to the same class shall be taxed at the same rate
a. Simplicity in taxation c. Equality in taxation
b. Reciprocity in taxation d. Uniformity in taxation
23. The tax should be proportional to the relative value of the property to be taxed
a. Simplicity in taxation c. Equality in taxation
b. Reciprocity in taxation d. Uniformity in taxation
25. It literally mean “place of taxation”; the country that has the power and jurisdiction to levy and collect the
tax.
a. Basis of taxation b. Situs of taxation c. Scope of taxation d. Theory of taxation
26. The existence of the government is a necessity and that the state has the right to compel all individuals
and property within its limits to contribute
a. Basis of taxation b. Situs of taxation c. Scope of taxation d. Theory of taxation
27. The reciprocal duties of support and protection between the people and the government
a. Basis of taxation b. Situs of taxation c. Scope of taxation d. Theory of taxation
28. A tax must be imposed for public purpose. Which of the following is not a public purpose
a. National defense c. Improvement of the sugar and coconut industries
b. Public education d. Improvement of a subdivision road
30. Special assessment is an enforced proportional contribution from owners of land especially benefited by
public improvement. Which one of the following is not considered as one of its characteristics?
a. It is levied on land
b. It is based on the government’s need of money to support its legitimate objectives
c. It is not a personal liability of the persons assessed
d. It is based solely on the benefit derived by the owners of the land
31. It is the privilege of not being imposed a financial obligation to which others are subject
a. Tax incentive b. Tax exemption c. Tax amnesty d. Tax credit
35. An escape from taxation where the tax burden is transferred by the one on whom the tax is imposed or
assessed to another
a. Shifting b. Exemption c. Transformation d. Capitalization
36. An escape from taxation where the producer or manufacturer pays the tax and endeavors to recoup
himself by improving his process of production thereby turning out his units of products at a lower cost
a. Shifting b. Exemption c. Transformation d. Capitalization
37. An escape from taxation where there is a reduction in the price of the taxed object equal to the capitalized
value of future taxes which the taxpayer expects to be called upon to pay
a. Shifting b. Exemption c. Transformation d. Capitalization
38. The use of illegal or fraudulent means to avoid or defeat the payment of tax
a. Exemption b. Shifting c. Avoidance d. Evasion
45. Tax of a fixed amount imposed upon all persons residing within a specified territory without regard to their
property or occupation they may be engaged
a. Personal, poll or capitation b. Property c. Excise d. Regressive
46. Tax imposed on personal or real property in proportion to its value or on some other reasonable method of
apportionment
a. Personal, poll or capitation b. Property c. Excise d. Regressive
47. Tax imposed upon the performance of an act, the enjoyment of privilege or the engaging in an occupation
a. Personal, poll or capitation b. Property c. Excise d. Regressive
48. Tax which is demanded from the person whom the law intends or desires to pay it
a. Direct b. Indirect c. Excise d. Percentage
49. Tax which is demanded from one person in the expectation and intention that he shall indemnify himself at
the expense of another
a. Direct b. Indirect c. Excise d. Percentage
50. Tax which imposes a specific sum by the head or number or by some standard of weight or measurement
and which requires no assessment other than a listing classification of the objects to be taxed
a. Specific b. Ad-valorem c. Excise d. Income
51. Tax of a fixed proportion of the amount or value of the property with respect to which the tax is assessed
a. Specific b. Ad-valorem c. Excise d. Percentage
52. Tax based on a fixed percentage of the amount of property, income or other basis to be taxed
a. Proportional b. Progressive c. Regressive d. Indirect
53. Tax where the rate decreases as the tax base increases
a. Proportional b. Progressive c. Regressive d. Indirect
54. Tax where the rate increases as the tax base increases
a. Proportional b. Progressive c. Regressive d. Indirect
56. The strongest of all inherent powers of the state because without it, the government can neither survive
nor dispense any of its other powers and functions effectively.
a. Police Power b. Power of Eminent Domain c. Power of Taxation d. Power of Recall
57. This power is superior to the non-impairment clause and is broader in application because it is a power to
make and implement the laws.
a. Power of Taxation b. Power of Recall c. Power of Eminent Domain d. Police Power
59. Which of the following is not a constitutional limitation on the Power of Taxation?
a. No person shall be deprived of life, liberty or property without due process of law.
b. No person shall be denied the equal protection of the law.
/etd
c. No person shall be imprisoned for debt or non-payment of tax.
d. No law granting any tax exemption shall be passed without the concurrence of a majority of all the
members of Congress.
60. The distinction of a tax from permit or license fee is that a tax is:
a. Imposed for regulation.
b. One which involves an exercise of police power.
c. One in which there is generally no limit on the amount that maybe imposed.
d. Limited to the cost of regulation.
62. A tax wherein both the incidence of or the liability for the payment of the tax as well as the burden of the
tax falls on the same person.
a. Direct tax b. Value added tax c. Indirect tax d. Percentage tax
66. One of the characteristics of internal revenue laws is that they are:
a. Criminal in nature; c. Political in nature;
b. Penal in nature; d. generally prospective in application;
68. The following are similarities of the inherent power of taxation, eminent domain, and police power, except
one:
a. Are necessary attributes of sovereignty; c. Compensation is received;
b. Superior to the non-impairment clause of the constitution d. Are legislative in character.
69. Which of the following is not a scheme of shifting the incidence of taxation?
a. The manufacturer transfers the tax to the consumer by adding the tax to the selling price of the
goods sold;
b. The purchaser asks for a discount or refuse to buy at a regular prices unless it is reduced by the
amount equal to the tax he will pay;
c. Changing the terms of the sale like FOB shipping point in the Philippines to FOB destination
abroad, so that the title passes abroad instead of in the Philippines;
d. The manufacturer transfers the sales tax to the distributor, then in turn to the wholesaler, in turn to
the retailer and finally to the consumer.
73. Which tax principle is described in the statement ‘The more income earned by the taxpayer, the more tax
he has to pay.’
a. Fiscal adequacy b. Theoretical justice c. Administrative feasibility d. Inherent in sovereignty
74. The most superior and least limitable among the fundamental powers of the state:
a. Power of recall b. Police power c. Power of taxation d. Power of eminent domain
76. The following are the characteristics of our internal revenue laws except:
a. Political in nature; c. Generally prospective in application
b. Civil in nature; d. May operate retrospectively if congress so provides
79. Under this basic principle of a sound tax system, the Government should not incur a deficit:
a. Theoretical justice c. Fiscal Adequacy
b. Administrative feasibility d. Uniformity in taxation
80. Which of the following may not raise money for the government?
a. Power of taxation b. Police power c. Eminent domain d. License fees
84. Which of the following is not acceptable for legally refusing to pay the tax?
a. That the right of the state to collect the tax has prescribed
b. That there is no jurisdiction to collect the tax
c. That the tax law was declared as unconstitutional
d. That there is no benefit derived from the tax
86. No person shall be imprisoned for debt or non-payment of poll tax. This is a (an)
a. Inherent limitation c. International limitation
b. Constitutional limitation d. Territorial limitation
87. The Department of Finance thru its officers entered into a contract with foreign investors granting them
exemption from all forms of taxes to encourage investments in the Phils. The contract is
a. Void, unless the President ratifies
b. Void, because the power to grant tax exemption is vested in Congress
c. Valid, if the President has authorized the officers to enter into such contract
d. Valid, because the purpose is to promote public welfare
89. Congress can impose a tax at any amount and at anytime shows that
a. Taxation is an inherent power of the estate c. Taxation is a very broad power of the state
b. Taxation is essentially a legislative power d. Taxation is based on taxpayer’s ability to pay
90. The amount required is dictated by the needs of the government in:
a. License fee b. Tax c. Toll d. Debts
91. A charge imposed on land for special benefits derived resulting from public improvements
a. Tax b. Toll c. License d. Special assessment
95. I. Police power regulates both liberty and property while the power of eminent domain and the power of
taxation affect only property rights
II. Police power and the power of taxation may be exercised only by the government while the power of
eminent domain may be exercised by some private entities.
a. True, true b. True, false c. False, true d. False, false
96. I. The property taken in police power is destroyed while the property taken under the power of eminent
domain and power of taxation are not destroyed.
II. In power of taxation, the compensation received is the protection afforded to the citizens; in police power
the compensation received is the altruistic feeling that somehow you contributed to the promotion of the
general welfare; in power of eminent domain, the compensation received is the just compensation paid for
the property taken.
a. True, true b. True, false c. False, true d. False, false
106. I. A state has the power to tax even if not granted by the constitution
II. A state cannot exercise police power if not granted by the constitution
a. True, true b. True, false c. False, true d. False, false
107. I. There can only be a tax if there is a law imposing the tax
II. The power to tax may include the power to destroy
a. True, true b. True, false c. False, true d. False, false
108. I. Due process of law in taxation under the constitution is a grant of power
II. Provisions in the Philippine constitution on taxation are grant of power
a. True, true b. True, false c. False, true d. False, false
112. I. Tax avoidance is the use by the taxpayer of legal or fraudulent means to avoid or defeat taxes
II. Tax evasion is the use by the taxpayer of illegal or fraudulent means to avoid or defeat taxes
a. True, true b. True, false c. False, true d. False, false
114. I. 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 and is essentially a
legislative function
II. Even in the absence of any constitutional provision, taxation power falls to Congress as part of the
general power of law-making
a. True, true b. True, false c. False, true d. False, false
115. I. The president has the power to veto a revenue bill even if such bill was already approved by Congress
II. The President is superior to Congress as he/she can veto any bill even if already approved by
Congress
a. True, true b. True, false c. False, true d. False, false
116. A system of taxation where the amount of revenue from indirect taxes are more than the direct taxes is
a. Progressive system c. Proportional system
b. Regressive system d. Schedular system
117. Congress passed a law which granted tax amnesty to those who have not paid their income taxes in 2010
but did not provide for the refund to those who paid. Is the law valid?
a. No, this will encourage taxpayers not to pay their taxes
b. Yes, Congress has the sole discretion of determining whom to tax
c. No, the grant of amnesty is the sole prerogative of the President
d. Yes, Congress provided for a valid classification
118. Congress passed a law imposing taxes on income earned out of a particular activity that was not
previously taxed. The law, however, taxed incomes already earned within the fiscal year when the law took
effect. Is the law valid?
a. No, because laws are intended to be prospective, nut retroactive
b. No, the law is arbitrary in that it txes income that has already been spent
c. Yes, since tax laws are the lifeblood of the nation
d. Yes, tax laws are an exception; they can be given retroactive effect.
/etd
119. Money collected from taxation shall not be paid to any religious dignitary EXCEPT when
a. The religious dignitary is assigned to the Philippine Army
b. It is paid by a local government unit
c. The payment is passed in audit by the COA
d. It is part of a lawmaker’s pork barrel
121. Double taxation in its general sense means taxing the same subject twice during the same taxing period.
In this sense, double taxation
a. Violates substantive due process c. Violates the right to equal protection
b. Does not violate substantive due process d. Does not violate the right to equal protection
122. The actual effort by the government to effect the exaction of what is due from the taxpayer is known as
a. Assessment b. Levy c. Payment d. Collection
123. Although the power of taxation is basically legislative in character, it is NOT the function of Congress to
a. Fix with certainty the amount of taxes c. Identify who should collect the tax
b. Collect the tax levied under the law d. Determine who should be subject to tax
124. An example of a tax where the concept of progressivity finds application is the
a. Income tax on individuals c. Value-added tax on certain articles
b. Excise tax on petroleum products d. Amusement tax on boxing exhibitions
125. The power to tax is the power to destroy. Is this always so?
a. No. The Executive Branch decide not to enforce a tax law which it believes to be confiscatory.
b. Yes. The tax collectors should enforce a tax law even if it results to the destruction of the property
rights of the taxpayer.
c. Yes. Tax laws should always be enforced because without taxes the very existence of the State is
endangered.
d. No. The Supreme Court may nulify a tax law, hence, property rights are not affected
a. Issuances signed by the secretary of finance, upon recommendation of the CIR, that specify,
prescribe or define rules and regulations for the effective enforcement of the provisions of the National
Internal Revenue Code (NIRC) and related statutes
b. Issuances that publish pertinent and applicable portions, as well as amplification, of laws, rules,
regulations, precedents issued by the BIR and other agencies/ offices.
c. Issuances that provide directives or instructions; prescribe guidelines; and outline processes,
operations, activities, workflows, methods and procedures necessary in the implementation of stated
policies, goals, objectives, plans, programs of the Bureau in all areas of operations, except auditing
d. None of the above
Statement 1: It is so because the state has the supreme power to command and enforce obedience to
its will from the people within its jurisdiction.
Statement 2: Any provision in the Constitution regarding taxation does not create rights for the
sovereignty to have the power to tax but it merely constitutes limitations upon the supremacy of tax
power.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both Statement are correct
d. Both statement are incorrect
131 The following statements correctly described the power of the State to tax, except:
a. It is a power inherent in every sovereign state to imposed a charge or burden upon persons,
properties or rights to raise revenues for the use and support of the government and to enable it to
discharge its functions.
b. The State can exercise the power of taxation only if it is expressly mentioned in the Constitution.
c. It passes a legislative undertaking through the enactment of laws by the Congress which will be
implemented by the Executive Branch of the government through its Bureau of Internal Revenue to
raise revenue for the inhabitants in order to pay the necessary expenses of the government.
d. It is a way of collecting and apportioning the cost of government among those who
are privileged to enjoy its benefits.
a. The power of taxation may be exercised the government, its political subdivisions, and public utilities.
b. Generally, there is no limit on the amount of tax that may be imposed.
c. The money contributed as tax becomes part of public funds.
d. The power to tax is subject to inherent and constitutional limitations..
133. They exist independent of the constitution being fundamental power of the state, expect
a. Power of taxation c. Power of eminent domain
b. Police power d. Power of recall
/etd
134. Statement 1: The constitution is the source of the state’s taxing power.
Statement 2: The police power of the government may be exercised through taxation.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
135. Statement 1: The Constitution cannot take away the inherent powers of the State but may only
prescribe its limitations.
Statement 2: No laws are necessary to confer the inherent powers of the State upon any government
exercising sovereignty.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
136. The power to demand proportionate contribution from persons and property to defray the necessary
expenses of the government.
a. Power of taxation c. Power of eminent domain
b. Police power d. Power of recall
137. The power to regulate liberty and property to promote the general welfare
a. The government automatically possesses the power to collect taxes from its inhabitants
b. The government can enforce contribution upon its citizens only when the Constitution grants it
c. Taxation power exist inseparably with the state
d. The state has the supreme power to command and enforce contribution from the people within
its jurisdiction
139. Statement 1: People pay taxes which their government uses to expand its power and territorial
domination.
Statement 2: People demand from their government certain responsibilities and then provide the
government with the means to carry them out.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
141. Statement 1: The power of taxation must first be expressly granted, either by law or by the Constitution,
before the State may validly exercise it.
Statement 2: The Philippine government may subject the land where embassies of foreign government are
located to real property taxes.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statement are correct
d. Both statement are incorrect
142. One of the following is a false statement about double taxation. Which is it?
a. There is no constitutional prohibition on double taxation.
b. Direct duplicate taxation is a valid defense against a tax measure if it is violative of the equal
protection clause.
/etd
c. Absence of any of the elements of direct double taxation makes it indirect duplicate taxation.
d. A 20% final withholding tax on interest income on bank deposits and a 5% gross receipts tax on
banks is a direct duplicate taxation.
145. Statement 1: Uniformity in the imposition and/or collection of taxes means that all taxable articles or kinds
of property of the same class shall be taxed at the sme rate. This requirement is complied with the tax operates
with the same force and effect in every place where the subject of it is found.
Statement 2: Uniformity rule is not violated when different articles are taxed at different amounts provided that
the rate is uniform on the same class everywhere with all people at all times.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
146. Which of the following statements correctly described "Equal protection" clause of the Constitution
regarding the government's power to tax?
I. All persons subject to legislation shall be treated alike under similar circumstances and conditions, both in
the privileges conferred and liabilities imposed.
II. The purpose is to protect persons beloging to the same class against intentional and arbitrary discrimination.
III. There is denial of equal protection of laws if there is discrimination in the implementation of tax laws.
a. I and II only
b. I and III only
c. II and III only
d. I, II and III
147. May the Philippine government require tax withholding on the salaries of Filipino employees working in
the American Embassy in the Philippines?
148. This stems from the principle that we pay taxes for the protection and services provided by taxing
authority which could not be provided outside the territorial boundaries of the taxing state.
/etd
149. Compliance with procedural requirements must be followed strictly to avoid collision between the state's
power to tax and the individuals recognized rights.
"Things work out best for those who make the best of how things work out." John Wooden
/etd