have remained unpaid or have accrued as of December 31, 2017. General Principles - Part I. character of the foregoing corporations from any of their properties, real or personal, or from any of their activities conducted for profit regardless of the exempt from such taxes. 4(3): All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes Commonly heard definitions include: It is the process by which the sovereign, through its law making body, races revenues use to defray expenses of government. No. III, Sec. designed for the enjoyment of the citizenry and those which come within the State's territory, and facilities and protection which a government is supposed L-31156, February 27, 1976), Life Blood Theory – Taxes are the lifeblood of the government and so should be collected without unnecessary hindrance. 23. to the 5% final withholding tax has been unreasonably narrowed, there is no reason to invalidate the provision. investigations or suits. j. The payment of the amnesty tax shall be made at the time of the filing of the Return. Who may impose Imposed by the State Imposed by the government or private individual, Tax Penalty transaction date before availing of the provisions of a tax treaty. A non-resident citizen is taxable only on income derived from sources within the, 3. a. General/Fiscal or Revenue – purpose is to raise revenue for the government’s ordinary needs; Art. Similarly, a sustainable tax system is not undermined by excessive tax, –A country’s tax system must provide sufficient revenue to pay for the level, of public services that people want, as well as other state liabilities, such as servicing, A progressive tax system is one where those who gain more from the. Incidental Use: the exemption likewise covers activities which are incidental to the main activity. ; those exempted from real estate taxes are lands, buildings Shifting – the burden of payment is transferred from the statutory taxpayer to another without violating the law (e.g., VAT); Capitalization – the reduction in the price of the taxed object equal to the capitalized value of future taxes the purchaser is expected to be called upon a. Falling under the jurisdiction of the Presidential Commission on Good Government; Thus, simplifying tax administration and making the system more equitable to enable the country to attain economic recovery. improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. Unlimited – it is so unlimited in force and searching in extent that courts scarcely venture to declare that it is subject to any restrictions, except those for some recognized objective of government or directly to promote the welfare of the community. Total net estate at the time of death, or the gross estate less all allowable deductions as provided in the Tax Code, as amended, or the applicable Tax Amnesty on Delinquencies With regard to the 5% creditable withholding tax imposed on payments made by the government for taxable transactions, Section 114 par. 28(1) of the 1987 Constitution L-39086, June 15, 1988). the FDDA. Thus, Congress cannot enact a law which makes the decisions of the Court of Tax Appeals final and non-appealable to the Supreme Court. Purpose For support of the government As compensation for use of another's property, Determination of Amount Determined by the sovereign Determined by the cost of the property or improvement Previous transfers of property: the Tax Amnesty Act originally provided that if the estate involved properties which are still in the name of another i. Definition Enforced proportional contributions from persons Criminal in nature b. 147295, February 16, 2007) The Congress shall evolve a progressive system of taxation. 7080 or the c. Proportionate – tax is based on a fixed percentage of the amount of the property, receipts or other bases to be taxed. When classification is made when there should be none, When classification is not made when called for, If the ordinance is intended to apply to a specific taxpayer and to no one else regardless of whether or not other entities belonging to the same class are filed in the Courts for violations of tax laws and regulations; and 49839-46, April 26, 1991) D. NO IMPRISONMENT FOR PAYMENT OF POLL TAX. deficiency estate taxes General Principles of Philippine Income Taxation Income – It means the gain derived from capital, from labor or from both combined including profits gained from dealings in property or as well as any asset clearly realized whether earned or not. discriminatory. compliance with the provisions of the TAA. all citizens and property within its power to contribute for the same purpose. Provide a one-time opportunity to settle estate tax obligations through an estate tax amnesty program that will give reasonable relief to estates with It applied for compromise and paid P400, 144104, June 29, 2004). iv. 1-2000, as amended by RMO No. itself, and the law would be open to attack as class legislation only if all taxpayers belonging to one class were not treated alike (Juan Luna Subd. Specific – amounts fixed and is imposed by the head or number or some measurement, hence, no valuation is needed except for the list of things to. the manner provided by law. process clause. Form and the Tax Amnesty on Delinquencies Return. ii. estate tax laws prevailing at the time of death of the decedent; from the common burden cannot be permitted to exist upon vague implication. NOTE: Non-observance of Fiscal Adequacy and Administrative Feasibility will render the tax measure unsound but not unconstitutional. No. Definition, nature, and general principles a. b. iii. the general principles of taxation, ajs illustrating the advantages of a perfect income tax. The power to grant tax exemptions and condonations. disadvantage has ever taken place (Victorias Milling Co., Inc. vs. Municipality of Victoria, G.R. Nos. If B Company applied for Tax Amnesty, how much would it pay? 30 (Exempt Entities) under the Tax Code provides that “income from whatever kind and Coverage: the above exemption does not only cover property tax but also income tax unlike the exemption of religious and educational institutions provided However, the prosecution will result, Tax Toll floor to the Northern Marketing Corporation cannot be considered incidental to the purpose of education. C merely 11213): towards the policy of the State in protecting and enhancing revenue administration and collection, the Hence, income of a non-resident foreigner from shares of stock in a domestic corporation, whether as dividends or as gains from sale, are taxable in the Philippines. No. family may find justification under the concept of incidental use, which is complimentary to the main or primary purpose, i.e., educational, the lease of the first (71 Am. Amnesty Return and appurtenant documents shall be confidential in nature and shall not be used in any investigation or prosecution before any judicial, the President stating that “without the provisions breaking down the walls of bank secrecy, setting the legal framework for us to comply with international dispensation of medical services to them, whether paying or non-paying, other portions thereof are being leased to private individuals for their clinics and a Guaranty Co., Inc. vs. CIR; GR No. The Congress shall evolve a progressive system of taxation. of goods, Tax Debt the Tax Amnesty on Delinquencies Return shall be deemed sufficient proof of availment. The basic tax liabilities as per Court’s final and executory decision. to provide. The Constitution, as the fundamental law, overrides any b. The computed basic tax liabilities as shown in the criminal complaint filed by the BIR with the DOJ/Prosecutor’s Office or int eh information UNDERSTANDING TAXATION IN THE PHILIPPINES. Only the portion used for commercial purpose are subject to the tax: While portions of the hospital are used for the treatment of patients and the Taxable income from employment, business, trade and exercise of profession including casual gains, profits, and prizes of PhP10,000 or less; except items of income subject to final tax and special treatment, e.g. political subdivisions OR (2) public No. The fact that one sector is benefited 59431, July 25, 1984). (Commissioner of Internal Revenue v. Acesite (Philippines) Hotel use of simplified forms and utilization of information technology in broading the tax base. No. b. Regressive – tax rate decreases as tax base or bracket increases. Note: The BIR issued RMO No. vs. Quezon City, G.R. The reason is that said shares receive the protection and benefit of our laws. Tax due shown on the Assessment Notice, net of any basic tax paid prior to the effectivity of RR No. b. the payment of the estate amnesty tax shall be immune from the payment of all estate taxes for taxable year 2017 and prior years, and from all TAX AMNESTY ACT (Republic Act No. projects, improvements funded by the LGU concerned issued (Kapatiran vs. CIR, G.R. rights of the people and takes from them a portion of their property for the support of the government. Learn vocabulary, terms, and more with flashcards, games, and other study tools. every person who is able to must contribute his share in the running of the government. Income from intangible personal property, however, is generally taxable where the obligation arises. the right of any taxpayer entitled to the preferential rates in the tax treaty. Nature of the power to tax, purpose, and scope. Types of Philippine income taxes c. Taxable period d. Kinds of taxpayers 2. Otherwise, the duplicate copies, stamped as received, of the Acceptance Payment Form, and Basis Taxation power Police power Taxation is progressive when its rate goes up depending on the resources of the person affected (Reyes vs. Almanzor, G.R. e. Proof of Availment and Compliance; effects thereof: Any notices of levy, attachments and/or warrants of garnishment issued against the may be engaged. of government and for public needs. which enters the city and use its streets occasionally violates the rule on the equality of taxation (Assoc. may provide, final judgments and orders of lower courts in all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in Enhance revenue collection by providing a tax amnesty on delinquencies to minimize administrative costs in pursuing tax cases and declog the dockets An individual citizen who is working and deriving income abroad as an OFW is. He who claims exemption should prove his factual and legal basis for exemption. 207 of NIRC, which refers to the remedy of the Government to collect taxes. commerce, it is only fair that half of the assessed tax be returned to the school involved (Abra Valley vs. Aquino, G.R. for business. The requirement of equal protection of the laws requires that the law must apply equally to all persons within the same class. It applies whenever the state of source is given full or limited right to tax. VIII, Sec. 10 Table 1: Marginal Tax Rates for ASEAN Countries Country Tax Rate for Highest Income Bracket Tax Rate for Lowest Income Bracket VAT Rates Vietnam 35% 5% 10% Thailand 35% 5% 7% Philippines 32% 5% 12% Indonesia 30% 5% 10% Malaysia 26% 2% 6% … Tax Amnesty Return BIR Form No. Definition Demand of sovereignty for raising revenue Special levy on lands comprised within the territorial jurisdiction of a a paper read before the dublin statistical society: 18th november, 1850. by w. neilson hancock, lld. BASIS OF TAXATION . Confidentiality and Non-Use of Information and Data: any information or data contained in, derived from or provided by the taxpayer in the Tax 76778; Primary – to raise revenues; to support the existence of the State and enable the state to promote the general welfare. National – levied by the national government and enforced by the BIR; to the Constitution and the law (Lung Center of the Phil. - Except when otherwise provided in this Code: (A) A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines; (B) A nonresident citizen is taxable only on income derived from sources within the Philippines; of tangible and intangible benefits intended to improve the lives of the people and enhance their moral and material values. General Amnesty: the law originally includes a general tax amnesty to cover all other taxes, but this portion of the law (Title III) was vetoed entirely by 0621-DA (Annex B of RR No. This symbiotic relationship 8424 or the Tax Reform … Definition and nature b. The Form and the Return shall be submitted to the RDO after complete payment and the completion of these requirements shall be deemed full of transferring property to the heirs. Constitution: Article VI, Section 28 of the Constitution states that "the rule of taxation shall be uniform and equitable" and that "Congress shall evolve a progressive system of taxation". Jur. and in the process another sector is being in a way prejudiced would not diminish the public character of the tax (Tio v. Videogram Regulatory Board, G.R. A VAT-registered person’s entitlement to the creditable input tax is merely a statutory privilege (Abakada Guro Party List vs. Ermita, Ibid.). Certificate of Tax Delinquencies/Tax Liabilities Annex C of RR No. Also known as “tax minimization.” (e.g. Broadness Broader term Tariff or tax on the importation (usually) or exportation (unusually) Accordingly, the above exemption does not cover estate and donor’s ILLUSTRATION: B Company received a Final Assessment Notice with a P1,000,000 basic tax deficiency. (Kapatiran ng Mga Naglilingkod sa Pamahalaan v. Tan; June 30, 1988). 5[2]: The Supreme Court shall have the power to review, revise, modify or affirm on appeal or certiorari as the law or the Rules of Court appurtenant civil, criminal and administrative cases and penalties under the Tax Code, as amended. canteen. estate amnesty tax of P5,000. In Local Government Taxation, Sec. vs. Quezon City, G.R. Delinquencies covered and Applicable Rates: Delinquency Covered Applicable Rate Coverage: all national internal revenue taxes collected by the BIR, including VAT and excise taxes collected by the Bureau of Customs. Involving tax evasion and criminal offenses under the Tax Code, as amended; and shall be exempt from taxes and duties. the statute of limitations provided under involved in cases pending in appropriate courts: When and Where to File: Any person, natural or juridical, who wishes to avail of the Tax Amnesty on Delinquencies shall, within one year from the worth, a general amnesty that is overgenerous and unregulated would create an environment ripe for future tax evasion, the very thing we wish to affected (Reyes vs. Almanzor, G.R. The power to specify or provide for administrative and judicial remedies. source. Vs. Tax Credit - an amount subtracted from an individual’s or entity’s tax liability (tax due) to arrive at the tax liability still due. of goods and services. A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines; EXEMPTION OF GOVERNMENT ENTITIIES, AGENCIES and INSTRUMENTALITIES. (Commissioner vs. Lingayen Gulf Elec. such input taxes have not been applied against output taxes. L-59431; July 25, 1984). fundamental principles in taxation Taxation It is also defined as the act of levying a tax, i.e. I. Overview: Tax Seminars: Principles of Taxation in the Philippines is a training course to take on the confusing topic of Taxation in the Philippines and discuss it in a more understandable and practical light. Personal, poll or capitation – those imposed upon residents of a territory, regardless of citizenship, property, occupation, business. a. No. The policy of taxation in the Philippines is governed chiefly by the Constitution of the Philippines and three Republic Acts. concerned, to accept the tax amnesty payment. the Tax Code. Duty Test – whether the thing to be furthered by the appropriation of public revenue is something which is the duty of the State, as a government. No. The words “dominant use” or “principal use” cannot be substituted for the words “used exclusively” without doing violence Tax Avoidance – exploitation by the taxpayer of legally permissible alternative tax rates or methods of assessing taxable property or income, in order to Purpose Raising revenue Controlling the flow of the goods of the country Learn helpful Personal and Corporate Taxation law in terms of income tax preparation, allowable deductions, and solving common issues. admission of criminal, civil or administrative liability on the part of the availing estate. L-1104, May 31, 1949), PROGRESSIVITY means that the tax rate increases as the tax base thereof increases. i. Otherwise, the duplicate copies of the Acceptance Payment Form and the Estate Administrative Feasibility – tax laws must be clear and concise; capable of effective and efficient enforcement; convenient as to time and manner of Note: This is NOT the “Levy” under Sec. Video Lectures on Taxation 2017 Bar Review. Two ways by which equal protection clause is violated: C. UNIFORMITY AND PRGRESSIVITY OF TAXATION. a. “Exclusive”: is defined as possessed and enjoyed to the exclusion of others; debarred from participation or enjoyment; and “exclusively” is defined, “in a (Commissioner of Internal (see Sections 101(A)(3) and 101(B)(2) of the Tax Code). Personal Income Tax 1. Who are Liable? A citizen of the Philippines residing therein is taxable on all income derived from An alien individual, whether a resident or not of the Philippines, is taxable only on. Pontifical and Royal University of Santo Tomas, The Catholic University of the Philippines. ii. Taxes on wealth (such as property tax), tend to be more stable during a recession. L-81311, June 30, 1988). Time of payment: at the time of the filing of the return. Tax, NOT fees, may be claimed as income tax deduction for income tax purpose. President vetoed this provision stating that beyond the transfer of property, rights and obligations to the heirs, legatees, and devisees, the valuation L-10405; Dec. 29, 1960), One sector is not benefited: Public purpose is not destroyed by the fact that the tax law may not be beneficial to one group. demand is made supreme court’s final judgement in all tax cases the power of judicial review in taxation is limited only to the interpretation and application of tax laws. 1:34 AM philtaxation 3 comments. k. No admission of liability: the availment of the Estate Tax Amnesty and the issuance of the corresponding Acceptance Payment Form do not imply A deduction differs from a tax credit, in that a deduction reduces taxable income while a credit reduces tax liability. The reason is that since other refineries to be established in the future would also be taxable, no singling out of the taxpayer to its Double Taxation in Broad sense is the opposite of direct double taxation and is not legally objectionable. address.”. IMPRESCRIPTIBILITY OF TAXES: Taxes are generally imprescriptible, except when the law provides otherwise, e.g. inspection and surveillance, When paid After the start of business Before the start of business, Surrender vis-a-vis necessity of Failure to file a valid Protest, whether a request for reconsideration or reinvestigation, within 30 days from receipt thereof. In general the larger any of these costs get, the worse it is for efficiency. 3019, or the Anti-Graft and Corrupt Practices Act, and RA No. Basic Tax per FAN P1,000, because it is built on the principle of the taxpayer’s ability to pay. L-29646, November 10, 1978). The Philippines does not have a general anti-avoidance clause within its Tax Code. and applying the law only to a particular class is not violative of the constitutional right so long as it comes from a valid classification. Petitioners failed to show that EO 273 was issued capriciously and whimsically (McCulloch vs. Maryland, 4 Wheat, 316 4 L ed. i. Thus, if the institution earns rental income from a commercial entity but uses such rental for educational purposes, it is exempt from income tax, local business Must apply equally to all members of a class. Imposed by the State which has jurisdiction over the person, property or excises (activity); Proportionate in character – based on the taxpayer’s ability to pay; As to purposes: statutes (Dimaampao, 2011 ed, p. 14). that such rests in the discretion of the authority which exercises it. whether denied or pending, the amount of payment shall be based on the NET basic tax as certified by the concerned office. 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