Taxation

19問 • 1年前

問題一覧

is the process or means by which thesovereign (independent state), through its lawmaking body (the legislature), imposes burdens uponsubjects and objects within its jurisdiction for thepurpose of raising revenues to carry out thelegitimate objects of government

Taxation

In simple terms, it is the act of levying a tax toapportion the cost of government among those who,in some measure, are privileged to enjoy its benefitsand must therefore bear its burdens.

Taxation

What are the aspects of taxation

1. Levying (Legislative Function), 2. Assessment (Executive Function), 3. Collection (Executive Function)

The primary purpose of taxation on the part of thegovernment is to provide funds or property with which topromote the general welfare and the protection of itscitizens and to enable it to finance its multifarious activities.

Revenue/ Fiscal

While the primary purpose of taxation is to raise revenue for the support of thegovernment, taxation is often employed as a devise for regulation or control(implementation of State’s police power) by means of which certain effects orconditions envisioned by the government

Regulatory

What are the 2 purposes of taxation

Primary: Revenue/Fiscal, Secondary: Regulatory

taxation is often employed as a devise for regulation or control(implementation of State’s police power) - by means of which certain effects orconditions envisioned by the government may be achieved such as:

a. Promotion of general welfare, b. Reduction of social inequality, c. Economic growth

Theory of taxation

Lifeblood Doctrine, Necessity Theory

The power of taxation is essential because the governmentcan neither exist nor endure without taxation. “Taxes arethe lifeblood of the government and their prompt andcertain availability is an imperious need”.

Lifeblood Doctrine

The power of taxation proceeds upon the theory that theexistence of government is a necessity.As stated in the case of Phil. Guaranty Co., Inc. v. Commissioner,is a power predicated upon necessity

Necessity Theory

The basis is the reciprocal duties of protection and supportbetween the state and its inhabitants. The state collects taxesfrom the subjects of taxation in order that it may be able toperform the functions of government.

Benefits Received or Reciprocity Theory

What is the Basis of Taxation

Benefits Received or Reciprocity Theory

Three Inherent powers of the State

Power of Taxation, Police Power, Power of Eminent Domain

the power by which the state raises revenue to defray the necessary expenses of the government.

Power of Taxation

the power of the state for promoting public welfare by restraining and regulating the use of liberty and property.

Police Power

the power of the state to acquire private property for public purpose upon payment of just compensation.

Power of Eminent Domain

Similarities among the three Inherent Powers of the State

1. They are inherent in the State., 2. They exist independently of the constitution although the conditions for their exercise may be prescribed by the constitution., 3. Ways by which the State interfere with private rights and property., 4. Legislative in nature and character., 5. Presuppose an equivalent compensation received, directly or indirectly, by the persons affected.

Essential Elements of a Tax

1. It is an enforced contribution, 2. It is generally payable in money., 3. It is proportionate in character., 4. It is levied on persons, property, or the exercise of a right or privilege (subjects or objects of taxation)., 5. It is levied by the law-making body of the state, 6. It is levied for public purpose.

Nature/Characteristics of the State’s Power to Tax

1. It is inherent in sovereignty, 2. It is legislative in character., 3. Exemption of government entities, agencies and instrumentalities., 4. International comity., 5. Limitations to territorial jurisdiction., 6. Strongest among the inherent powers of the state.

Module 6 UTS

Angel Holivelle Carasco · 32問 · 1年前

Module 6 UTS