Professional Documents
Culture Documents
TRUE OR FALSE
of the state may be exercise only by
1.The three fundamental powers
the government. through its
which the sovereign,
2. Taxation is a process or means by of the
the expenses
law raises income to defray
making body
government.
11. The distinction of a tax from permit or license fee is that a tax is one in
which there is generally no limit on the amount that may be imposed.
12. Debt, as distinguished from tax, may be paid in kind.
13. Under the equal protection clause of the constitution, all persons
subject to legisiation shall be treated alike under dissimilar
circumstances and conditions, both in the privileges conferred and
liabilities imposed.
14. Tax laws are civil and penal in nature because there are penalties
provided in the case of violation.
42
Chapler Grercises Principles
may refus fuse to pay on the ground that he will not receive a
person
19. A from the tax.
benefit
e x e r c i s e of the power of taxation, the
t State tax
the can anything at
any time.
26. No law granting any tax exemption shall be passed without the
concurrence of 2/3 of all members of Congress.
26. There is no constitutional prohibition against double taxation in the
Philippines. It is something not favored, but nevertheless permissible.
MULTIPLE CHOICE
Definition, Purpose, Theory and Basis
1. Which of the following statements is incorrect?
a. laxes are the revenues raised in the exercise of the police
power of the State.
b. One of the special characteristic of tax
is it is unlimited
amount.
State are Inherent in the
C. The three fundamental powers of the
the need of any
State and may be exercised without
constitutional grant.
d. All of the above
43
Chapter Fercises-Principles
2. The State, having sovereignty can enforce contributions (tax) upon its
citizens even without a specific provision in the Constitution
authorizing it. Which of the following will justify the foregoing
statement?
a. It is so because the State has the supreme power to command
and enforce obedience to its will from the people within its
jurisdiction.
b. 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.
C. Both "a" and "b"
d. Neither "a" nor "b"
theory in
in taxation states that without taxes, a government
theory
6.
Which thealyzed
Which for lack of power to activate and operate it,
would b e p a r a l y z e d
its d e s t r u c t i o n ?
resulting in
Power to destroy theory
a.
b. Lifeblood theory
c. Sumptuary theory
d. Symbiotic doctrine
powers and
. People demand from their government certain responsibilities and
with the means to carry them out.
then provide this government
taxation
. State needs taxation to exist, while people must support
because they need the presence of the state.
d. "b" and "c"
8. Ihcidence of taxation
means
a. Shifting of tax
C. Payment of tax
b. Refunds of tax d. Imposition of tax
45
Chapler percises Principles
b. Not valid because those who did not pay their taxes are
favored over those who have paid their taxes.
the law and it did
C.
Valid because it was Congress that passed
not improperly delegate the power to tax.
d. Not valid because only the President with the approval of
Congress may grant amnesty.
12. Congress passed a new law imposing taxes on income earned out of
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 the laws are intended to be prospective, not
retroactive.
b. No, the law is arbitrary in that it taxes income that has already
been spent.
C. Yes, since the tax laws are the lifeblood of the government.
Yes, tax laws are an exception; they can be given retroactive
effect.
46
Chapter Eercises Princisles
theory that, elected as they are from the districts, the Members
De expected to be more sensitive to the local
can be
af
of the
Hous
the House can
rieeds and problems.
nat the
the lawtobut"originate
Constitution the revenue bill which inis the
exclusively" required by
by the
House of
not
L.t is Constitution
filed in the
Senate a substitute e-vat bill
AsSuming Senator Bobadilla
anticipation" of its receipt of the bill from the House. The proposal
from the version of the lower house. Which of the
is totally different
following statements will justify the filing of a substitute bill by
Honorable Senator Bobadilla?
statute not only the bill which initiated the
L.To insist that a revenue
legislative process culminating in the enactment of the
law must
substantially be the same as the House bill would be to deny the
Senate's power not only to "concur with amendments" but also to
"propose amendment."
I1.t would be to violate the coequality of legislative power of the two
houses of Congress and in fact make the House superior to th
Senate.
Given the power of the Senate to propose amendments, it can
propose its own version even with respect to bills which are
required by the Constitution to originatein the House.
IIL.Filing in the Senate of a substitute bill in anticipation of its receipt of
the bill from the House is not prohibited under the Constitution, so
long as the action by the Senate as a body is withheld pending
receipt of the House bill.
a. I only C. 1, Il and IlI
b. Il only d. None of the above
16. Being legislative in nature, the power to tax may not be delegated,
except:
a.6. To local
governments or political subdivisions
When allowed by the Constitution
When delegation relates merely to administrative implementation
that may call for some degree of discretionary powers under a set
of sufficient standards expressed by law or implied from the policy
and purpose of the Act.
d. All of the
choices
47
hupler lurrises rinciples
Scope and Aspect of Taxation
17. Statement 1: The aspects of taxation are shared by the legislative and
executive branches of the government.
Statement 2: Taxes should be prospective and should not be given
retroactive effect because they are burdens.
a. Only statement 1 is correct
b. Only statement 2 is correct
C. Both statements are correct
d. Both statements are incorrect
48
Chapter Erercises - Principles
the following is
incorrect?
Which of
21.
Legislative Administrative
a.
Selecting the kind of tax Yes No
Fixing amount of tax Yes No
b Prescribing rules of Yes No
C
taxation
d. Assessment of tax liability Yes No
22. Which
of the following is correct?
Legislative Administrative
a. Fixing of tax rates Yes Yes
b. Valuation of object of tax Yes No
C. Collection of tax Yes No
d. Assessment of tax liability No Yes
24. The following are the characteristics of the State's power to tax,
except
a. The strongest of all inherent powers of the State
b Involves power to destroy
C. Both a" and "b"
d. Neither "a" nor "b"
49
Chapter Eercises Principles
c. Presidential decree or Executive act
d. Local legislation
27. Statement 1: Eminent domain may raise money for the government
Statement 2: Barrios, barangays, municipalities/cities and provinces
may collect taxes from its inhabitants.
a. Statements 1& 2 are false
b. Statement 1 is true but statement 2 is false
C. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
30. There can be no tax unless there is a law imposing the tax is
consistent with the doctrine of
a. Uniformity in taxation
b. Due process of law
C. Non-delegation of the power of tax
d. All of the above
50
Chapter Eercises Pritcisles
As a basic principle of taxation, this is called "theoretical
justice"
b. Penal in nature
C. Generally prospective in operation although the tax statute
may nevertheless operate retrospectively provided it is clearly
the legislative intent
d. Criminal in nature
51
Chapter Grercises - Principles
52
Chapter Erercises - 1Principles
43. Tax of fixed proportion of the amount or value of the property with
respect to which the tax assessed
a. Ad-valorem C. Excise
b. Specific d. Revenue
53
Chapter bercises- Princisles
48. The tax should be imposed proportionate to the taxpayer ability to pay
a. Equality or theoretical justice
b. Fiscal adequacy
C. Administrative feasibility
d. Rule of apportionment
49. The tax law must be capable of convenient just and effective
administration
a. Equality or theoretical justice
b. Fiscal adequacy
C. Administrative feasibility
d. Rule of apportionment
Inherentand Constitutional
50. Statement 1:
Limitations
Inherent limitations are the natural restrictions to
safeguard and ensure that the power of taxation shall be exercised by
the government only for the betterment of the people whose interest
should be served, enhanced and protected.
Statement 2: Constitutional limitations are provisions of the
fundamental law of the land that restrict the supreme, plenary
unlimited and comprehensive exercised by the State of its inherent
power to tax.
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2 is false
C. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
54
Chapler ercises - Principles
56. Tax
exemption is made different from tax amnesty:
a. It is a privilege or freedom from tax
burden;
b. It allows immunity from all
criminal, civil and administrative
liabilities arising from non-payment of taxes;
C. Amount foregone by the government is substantial;
d. It applies to all
past, present and future tax obligations.
55
Chapter Erercises Princisles
57. Statement 1: Tax exemption applies only to government entities
that exercise proprietary functions.
Statement 2: All government entities regardless of their functions
are exempted from taxes because it would be impractical for the
government to be taxing itself
a. Statements 1& 2 are false
b. Statement 1 is true but statement 2 is false
C. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
56
Chapter Erercises Princisles
enent 1: An attempt to minimize
61. S t a
61. one's tax
constitute fraud,
taxpaye may
diminish|his liability
by any means, which thefraud
law
permits
Statement 2: To avoid is legal but to evade is
f a taxpayer to decrease the amount of what illegal. The
legal rights
O1axes, altogether avoid them, otherwise would be his
by means which the law
be doubted. permits, cannot
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2
is false
C. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
9 Which of the following is an element of double taxation?
I. Same kind of tax
I. Same subject matter
I1. Same taxable period
IV. Same taxing authority
a. I and Il only C. All of the above
b.1, ll and ll only d. None of the above
63. 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.
b. Does not violate substantive due
process.
C. Violates the right to equal
protection.
d. Does not violate the right to equal protection.
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Chapter Etercises - Principles
No. since the school actually, directly, and exclusively used the
b.
rents for educational purposes.
C. No, but it may be subject to income taxation on the rents it
receives.
d. Yes, since the leased portion is not actually, directly, and
exclusively used for educational purposes.