Professional Documents
Culture Documents
TAXATION
State power – inherent power to enforce a proportional contribution from its
subjects for public purpose.
2. Ability to pay theory – based on their capacity to sacrifice for the support of
the government.
ASPECTS OF ABILITY TO PAY THEORY
1. Vertical equity – directly proportional to the level of his tax base (Gross
concept)
2. Horizontal equity – requires consideration for the particular circumstance of the
taxpayer. (Net concept)
3. Eminent domain – to take private property for public use after paying just
compensation.
4. These rights, dubbed as “powers” are natural, inseparable and inherent to
every government.
INHERENT LIMITATIONS
C. Exemption of the government – this will not raise additional funds but will only
impute additional costs.
1. Income of the government from its properties and activities conducted
for profit including income from government owned and controlled
corporations is subject to tax.
D. Public Purpose
E. Non-delegation of the taxing power – legislative taxing power is vested
exclusively in Congress.
What has been delegated cannot further be delegated.
CONSTITUTIONAL LIMITATIONS
1. Due process of law
1. Substantive due process – tax must be imposed only for public purpose,
collected only under authority of a valid law and only by the taxing
power having jurisdiction.
2. Procedural due process – there should be no arbitrariness in assessment
and collection of taxes, and the government shall observe the taxpayer’s
right to notice and hearing.
Under the NIRC, assessments shall be made within three years from the due
date of filing of the return or from the date of actual filing, whichever is
later.
Collection shall be made within five years from the date of assessment
4. Progressive system of taxation – tax rates increase as the tax base increases.
Aids in an equitable distribution of wealth t society by taxing the rich more
than the poor
Applies only when the debt is acquired by the debtor in good faith.
7. Free worship rule – does not extend to income from properties or activities
of religious institutions that are proprietary or commercial in nature.
Situs rules serve as frames of reference in gauging whether the tax object is
within or outside the tax jurisdiction of the taxing authority.
Examples:
1. Business tax situs – where the business is conducted.
2. Income tax situs on services – where they are rendered.
3. Income tax situs on sale of goods – place of sale.
4. Property tax situs – location.
5. Personal tax situs – place of residence
2. Holme’s Doctrine – “taxation power is not the power to destroy while the
court sits”.
Include the creation of Ecozones with tax holidays and provision of
incentives.
Vague tax laws – construed against the government and in favor of the taxpayers
Vague exemption laws – construed against the taxpayer and in favor of the
government.
o It means no exemption law.
o Construed strictly against the taxpayer in accordance with the
lifeblood doctrine.
DOUBLE TAXATION – occurs when the same taxpayer is taxed twice by the
same tax jurisdiction for the same thing.
2. Tax avoidance – also known as tax minimization, refers to any act or trick
that reduces or totally escapes taxes by any legally permissible means.