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TAXATION
2. Collection of the tax levied. This is essentially
Definition, Nature and Basis of Taxation an administrative function.
Taxation - is the process or means by which the Basic Principles of a Sound Tax System
sovereign, through its lawmaking body(Congress) ,
raises income to defray the necessary expenses of the 1. Fiscal adequacy. Sources of revenue are
government. Taxation, as a power of the State, is sufficient to meet government expenditures;
inherent in sovereignty. A government cannot
2. Equality or theoretical justice. The tax
continue to exist and operate without financial
imposed must be proportionate to taxpayer’s
means. This inherent power gives the government
ability to pay; and
the right to tax citizens and properties within its
jurisdiction. 3. Administrative feasibility. The law must be
capable of convenient, just and effective
In the Philippines, the premier tax agency is the
administration.
Bureau of Internal Revenue (BIR)
Limitations on the Power of Taxation
Objectives of Taxation
Constitutional Limitations are those provided for in
Taxation is much more than just a means of
the constitution or implied from its provisions.
raising revenue for the government. It is also one of
the major means by which the national government Inherent Limitations are restrictions to the power to
attempts to achieve various economic and social tax attached to its nature.
objectives.
The following are the inherent limitations:
This objective includes:
1. Purpose
shifting wealth from the rich to the poor
2. Territoriality
maintaining price stability
3. International comity
Stimulating economic growth,
4. Exemption
encouraging full employment
5. Non-delegation
State of Powers
Situs of Taxation
1. Taxation. The power of the state by which the
The situs of taxation is the place of taxation. The rule
sovereign raises revenue to defray the
is that the State may rightfully levy and collect the tax
necessary expenses of the government.
where the subject being taxed has a situs under its
2. Eminent Domain. The power of the state to jurisdiction.
take private property for public use upon
Situs of taxation is determined by a number of
payment of just compensation.
factors:
3. Police Power. The power of the state to enact
1. Subject matter – or what is being taxed. He
laws to promote public health, public morals,
maybe a person or it may be a property, an
public safety and the general welfare of the
act or activity;
people.
2. Nature of tax – or which tax to impose. It may
Aspects of Taxation
be an income tax, an import duty or a real
1. Levying of the tax. The imposition of tax property tax;
requires legislative intervention. In the
3. Citizenship of the taxpayer; and c. Excise – Examples: estate tax, donor’s tax,
income tax, value-added tax
4. Residence of the taxpayer.
2. As to whom bears the burden
The following situs of taxation apply:
a. Direct – Examples: community tax, income
1. Persons – Residence of the taxpayer.
tax, estate tax, donor’s tax
2. Real property or tangible personal property –
b. Indirect –Examples: customs duties, value-
Location of the property.
added tax, some percentage taxes
3. Intangible personal property – As a rule, situs
3. As to determination of amount
is the domicile of the owner unless he has
acquired a situs elsewhere. a. Specific – Examples: tax on distilled spirits,
fermented liquors, cigars, wines, fireworks, etc.
4. Income – Taxpayer’s residence or citizenship,
or place where the income was earned. b. Ad valorem – Value Examples: real estate
tax, certain customs duties, excise taxes on cigarettes,
5. Business, occupation and transaction – Place
gasoline and others.
where business is being operated, occupation
being practiced and transaction completed. 4. As to purpose
2. From penalty. Penalty is any sanction Tax evasion connotes the integration of three factors:
imposed as a punishment for violation of law
1. The end to be achieved (i.e., payment of less
or acts deemed injuries. Violation of tax laws
than the amount known by the taxpayer to be
may give rise to imposition of penalty.
legally due, or nonpayment of the tax when it
3. 3. From special assessment. Special is shown that a tax is due);
assessment is an enforced proportional
2. An accompanying state of mind that is
contribution from owners of lands for special
described as being in bad faith, willful, or
benefits resulting from public improvements.
deliberate and not accidental; and
4. From permit or license fee. Permit or license
3. A course of action or failure of action that is
fee is a charge imposed under the police
unlawful (Commissioner of Internal Revenue v.
power for the purposes of regulation.
The Estate of Benigno P. Toda, Jr., GR No,
5. From debt. A debt is generally based on 147188, Sept. 14, 2004).
contract, is assignable and may be paid in
TAX LAWS
kind while a tax is based on law, cannot
generally be assigned and is generally Sources of Tax Authority
payable in money. A person cannot be
The three branches of the national government are:
imprisoned for non-payment of debt while he
can be for non-payment of tax (except poll the Congress,
tax).
the President and his administration,
6. From revenue. Revenue is broader than tax
And t
since it refers to all funds or income derived
by the government taxes included. Other he Courts.
sources of revenues are government services,
income from public enterprises and foreign Congress creates statutory law. The National Internal
loans. Revenue Code (NIRC) of 1997 is a statutory law.
2. Tariff and Customs Code of 1978 (Train Law, as 3. Execution of judgments in all cases decided in
amended); its favor by the Court of tax Appeals and
ordinary courts; and
a. Import duties; and
4. Administration of supervisory and police
b. Export duties powers conferred to it.
3. Local Government Code of 1991 (RA 7160); Powers of the Commissioner
a. Real property tax; 1. Interpret tax laws and decide tax cases;
b. Business taxes, fees and charges; 2. Obtain information, and to summon, examine
c. Professional tax; and take testimony of persons;
An alien who has acquired a residence Value Added Tax (VAT) is a business tax
in the Philippines and retains his imposed and collected from the seller or
status as such until he abandons the vendor of services in the course of trade or
same and actually departs from the business on every importation, sale of
Philippines. properties (real or personal), or lease of
goods and other properties (real or personal).
b. Non-resident
It is an indirect tax, thus, it can be passed on
An alien who comes to the Philippines for to the buyer in the Philippines.
a definite purpose which in its nature
Income Tax is a tax on all annual profits
may be promptly accomplished;
arising from property, profession, trades or
One who may either be a: (a) NRA offices, or a tax on a person’s income,
engaged in a trade or business (NRAETB) emoluments, profits, and the like in the
in the Philippines or (b) NRA not engaged Philippines.
in trade or business (NRANETB) in the
Withholding Tax on Compensation is the
Philippines. A NRA who shall come to the
final tax withheld from individuals receiving
Philippines and stay for an aggregate
compensation income in the Philippines. It is
of more than 180 days shall be deemed a
the employer’s responsibility to withhold and
NRAETB.
pay these taxes on a monthly basis.
1. Engaged in trade or business in the
Expanded Withholding Tax is a kind of
Philippines
withholding tax which is prescribed only for
2. Not engaged in trade or business in certain payors and is creditable against the
the Philippines income tax due of the payee for the taxable
quarter year in the Philippines.
3. Employed by
Final Withholding Tax is a kind of
a. Regional or area
withholding tax which is prescribed only for
headquarters and regional
certain payors and is not creditable against
operating headquarters of
the income tax due of the payee for the
multinational entities in the
taxable year. Income Tax withheld constitutes
Phils. that are engaged in
the full and final payment of the Income Tax
international trade.
due from the payee on the said income in the
b. Offshore banking units. Philippines.
Classification of taxpayer
Sources of Income
Type of Income
Sources of Income
RC – Resident Citizen
NRC-Non-Resident Citizen
Illustration 1
Compensation ( Salaries or Wages) (Tax Table Applicable – Table 2.2 Graduated Tax
Rate)
C)
SSS, Philhealth and Pagibig (monthly) - 6,000 Gross Monthly Salary – P50,000
(EE’s share)
Overtime ( June – Dec 2022 ) – P30,000
SSS Loan Monthly – 2,000
Holiday Pay ( Jan – Dec 2022) – 10,000
Computer Loan Monthly – 1,000
SSS, Philhealth and Pagibig (monthly) - 6,000
Paluwagan monthly – 200 (EE’s share)
Compute the Taxable Income and Income Tax Due to SSS Loan Monthly – 2,000
the BIR
Computer Loan Monthly – 1,000
Table 2.2 Graduated Income Tax 2018 – 2022
Paluwagan monthly – 200
Illustration No. 2
Compute the Taxable Income and Income Tax Due to
B)
the BIR
Jungkok, Single employed by X Company effective
Gross:
June 1,2022 with the following info:
P50,000 x 7 Mo’s = P 350,000
Gross Monthly Salary – P50,000
Overtime and Holiday Pay = P40,000
SSS, Philhealth and Pagibig (monthly) - 6,000
(EE’s share) 13th Month ( P50,000 x 7mo’s / 12 mo’s) =
P29,166.67
SSS Loan Monthly – 2,000
Total Gross = P 419,167.67
Computer Loan Monthly – 1,000
Less: SSS/Phil/Pag
Paluwagan monthly – 200
( P6K x 7 Mo’s) = P42,000
Compute the Taxable Income and Income Tax Due to
the BIR 13 Month ( less than 90K non-taxable) =
P29,166.67
Gross:
Overtime and Holiday Pay = P 40,000
P50,000 x 7 Mo’s = P 350,000
Net Taxable Income = P 308,000
13th Month ( P50,000 x 7mo’s / 12 mo’s) =
P29,166.67 Tax Due and Payable = P11,600
Total Gross = P 379,167.67 D)
Less: SSS/Phil/Pag RM, married with two dependents ( 5yo and 2yo)
employed by X Company effective June 1,2022 with
( P6K x 7 Mo’s) = P42,000
the following info:
13 Month ( less than 90K non-taxable) =
Gross Monthly Salary – P50,000
P29,166.67
SSS, Philhealth and Pagibig (monthly) - 6,000
Net Taxable Income = P 308,000
(EE’s share)
Tax Due and Payable = P11,600
SSS Loan Monthly – 2,000
Computer Loan Monthly – 1,000
Types of Income
Passive Income –
Interest Income
Dividend Income
Royalties
Prizes; and
Other Winnings