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WELCOME TO TAXATION
LESSON 9-1 OVERVIEW OF
TAXATION
Lesson Objectives
H C N A R B E V I T U C E X E
R X Z L N Q M M D X Y N B V T
M E N O I T A X A T K Y T N E
S O V E R E I G N T Q M B C Q
C T V U N O I T A X A T E Q D
O P T M N W T X W J G E J B D
N Y Z Y P L C B V R R L N R W
G G P N Y O I T Y G P N P D L
R E P M B C N M A R Q T Z B V
E T G E H B G T I X B K Q R D
S R Z I G B D P Q T A E K Q L
S M N B W N T X D B E R M K L
M A D N R Q T G V R P D E O J
X Y R R K Z Q R D D M Q V B R
Another name for the State
Collects taxes
Another name for the legislative branch
Latin for taxation
Latin for tax
Ancient civilization in Middle East
Ancient civilization in East Asia
Ancient civilization in Europe
Ancient civilization in Europe
Scope of taxation
Another name for the National Internal Revenue Code
Characteristics of civil society (Lymer)
LESSON 9-2 GENERAL PRINCIPLES
OF TAXATION AND TAXES
Lesson Objectives
•To be familiar with the general principles of taxation with
regards to its nature, characteristics, and purposes
1.Inherent in sovereignty
The power is inherent as an incident necessary to the
existence of every government. Being vital, it does not
require a Constitution or law to create it per se but
only to limit the power and scope. Think of this as
turning-off a faucet to make sure that the water does
not continually flow out. The water represents the
power to tax. The faucet is the Constitution and
accompanying laws which limit its flow and strength.
2. Legislative
This refers to the legislative branch of our government. Collectively known
as the Congress, it makes laws to limit the power of taxation. The taxes
created by law-makers (i.e., Congressmen and Senators) are generally
called national taxes. National taxes apply to all citizens of the country.
This only means that there is uniform implementation throughout the
country but not necessarily the same rate for everyone.
On the other hand, while local government units (LGU) are expressly
granted power to tax those within their local territories, these powers are
subject to limitations. The taxes they impose are classified as local taxes
and are applicable only to those who reside within the boundaries of the
LGU’s authority. For a preliminary distinction to determine what type of
taxes fall under each category, national taxes are covered by the National
Internal Revenue Code more commonly known as the Tax Code. Note also
that while taxation is inherent in the sovereign state, a law must expressly
provide the LGU’s taxing power.
3.Subject to constitutional and inherent limitations
Chief Justice Marshall of the United States Supreme Court once
said that the “ power to tax involves the power to destroy.” To
avoid abuse, the Constitutional as the supreme law of the land
provides for limitations expressly or impliedly. Some inherent
limitations include that the tax must be imposed for a public
purpose, limited to only these within the taxing State’s territory,
and exemption of the government’s entities performing
governmental functions from taxation as it is ridiculous for the
government to tax itself in order to pay itself.
In addition, the State also cannot tax the property of foreign
sovereigns. This is the principle of international comity where
State A respects the sovereignty of other State (State B) and will
not reduce it by placing the latter (State B) under the former’s
(State A) jurisdiction.
PURPOSE OF TAXATION : ALWAYS A PUBLIC
PURPOSE
1.Earn revenue – the money collected by the government is
used to provide for various public services to promote the
welfare of the people.
2.Non – revenue objective – taxation may be used to regulate
the behavior of the people towards a particular purpose the
government seek to achieve. Some examples include the
following:
A . Increase in taxes on foreign products to make local
products more competitive
B . Increases in taxes on alcoholic drinks and cigarettes to
discourage vices
C . Decrease in taxes for particular businesses to encourage
start-ups and investments which will create more jobs.
ESSENTIAL CHARACTERISTICS OF
TAX
1.Enforced contribution – tax is
not voluntary . The payment is a
requirement (forced)and not
dependent upon the person’s
will. The enforcing agency of the
government is the Bureau of
Internal Revenue (BIR) which is
under the Department of
Finance (DOF).
2. Generally payable in money –
the money to be paid is
understood to be legal tender.
Legal tender comprises the
coins and notes which must be
accepted to settle a money debt
or obligation. In the Philippines ,
this is the Philippine Peso.
3.Proportionate – the amount a person pays is dependent on his
capacity to pay. This is more commonly known as the Ability to Pay
principle. Thus, who earn more like celebrities ( Manny Pacquiao ) and
business tycoons ( think of the Ayalas ) pay more than the average
Juan.
4.Placed on persons r property – although a tax may be place on an
act ( ex. Writing a will ), a transaction ( ex. Sale ), a right ( ex. Travel ), or
a privilege ( ex. To operate a business ), it is still an individual who
must pay the tax. The property serves a dual purpose. It may be used
to determine the amount of tax to be paid as part of rights enjoyed by
an owner or as a “ last resort “ in case the person fails and /or refuses
to pay the taxes due.
5.Taxed by the State which has authority and power over the person or
property – the person or property must be within the territorial
boundaries of the State so that the State can enforce its power to tax
on them. This means that the Sate cannot tax persons not within its
authority ( for example, foreigners in other countries who never had
any transaction in the Philippines whether for travel or business) or
properties beyond its territories.
6.Taxed by the law-making body of the State – this
refers to the law-making body which is the Congress.
As previously discussed, there are certain exceptions
as when the LGUs are also given the power to tax
certain items ( see Art. X, Sec. 5 of the 1987
Constitution ).
L’/
a. Proportional – fixed percentage regardless of the amount of the
property, it is also called a flat or uniform tax
b. Progressive or graduated – the tax percentage would be
constant for the amount bracket assigned to it (ex. 5% if income
is not over P 10,000) but would increase to the next rate as the
current bracket is exceeded (ex. 10% if income is over P 10,000
but not over P 3,000)
7.Tax System
a. Progressive System of Taxation – the tax laws
emphasize more direct taxes rather than indirect taxes
using the ability to pay principle. A progressive tax is
NOT synonymous with the progressive system of
taxation and vice versa.
b. Regressive System of Taxation – the tax laws are
geared towards more indirect taxes rather than direct
taxes. Since indirect taxes are usually passed on the
consumer as part of the price when they buy goods or
services the “ collection “ becomes easier. The
consumer public, however, bears more of the burden.
A regressive tax is NOT synonymous with the
regressive system of taxation and vice versa.
TO DIFFERENTIATE A PROGRESSIVE RATE FROM A PROGRESSIVE SYSTEM
OF TAXATION, AN EXAMPLE OF THE RATE IS THE INCOME TAX WHERE
THERE IS A BRACKETING ACCORDING TO THE LEVEL OR RANGE OF
INCOME BEING EARNED BY THE INDIVIDUAL. THUS, THE HIGHER THE
INCOME, THE HIGHER THE TAX SHOULD BE. THE PROGRESSIVE SYSTEM
IS THE SYSTEM OF HOW THE STATE WILL TAX ITS INDIVIDUALS. IF IT IS
PROGRESSIVE, THE POLICIES FOR TAXES WILL PRIORITIZE THE ABILITY
TO PAY PRINCIPLE WHEN MAKING TAX LAW.
On the contrary, regressive tax is one where the rate becomes lower
as income becomes higher. The State has not implemented any type
of tax with this treatment. On the other hand, the regressive system
of taxation exists in a society when there are many low income
earning individuals who purchase the same commodities as the
more affluent (think of groceries). This occurs because the tax each
one shoulders (like VAT) is not based on the person’s ability to pay
but on the price of the commodity. What happens is technically
everyone shoulders the same burden. But since the income of low-
earning consumers is more limited, the cut from their earnings feels
heavier on them compared to those more affluent.
Test Your Understanding
Lesson Objectives
• to have an idea about the Bureau of Internal
Revenue
Lesson Objectives