Professional Documents
Culture Documents
Fundamental Principles and Concepts of Taxation
Fundamental Principles and Concepts of Taxation
CONCEPTS OF TAXATION
INHERENT POWERS OF THE STATE
• POLICE POWER
The power to protect citizens and provide for safety and welfare of
society.
• EMINENT DOMAIN POWER
The power to take private property (with just compensation) for public
use.
• TAXATION POWER
The power to enforce contributions to support the government, and
other inherent powers of the State.
NATURE OF POLICE POWER
• Police power refers to the inherent power of the sovereign state to legislate
for the protection of the health, welfare and morals of the community.
• It is exercised usually to guard against excesses or abuses of individual
liberty.
• This is restricted by the “due process clause” of the Constitution which
provides that no person may be deprived of “life, liberty, or property, without
due process of law.
• Examples of police power are preservation of natural resources,
segregation of lepers from the public imprisonment of convicted criminals,
and regulation of various professions.
NATURE OF EMINENT DOMAIN
• They are inherent in sovereignty (they can be exercised even without being
expressly granted in the Constitution)
• They are all necessary attributes of sovereignty because there can be no
effective government without them.
• They constitute the three ways by which the state interferes with the private
rights and property;
• They are all legislative in nature and character;
• They presuppose an equivalent compensation; and
• The provisions in the constitution are just limitations on the exercise of
these powers.
DISTINCTION OF TAXATION, POLICE POWER,
AND EMINENT DOMAIN
Taxation power exists inseparably with the state. It is essential for the
existence of the government. Taxation is very important for the continuous
existence of a nation. It is the primary source of the government revenue that
is used to effectively and permanently perform government functions. The
power to tax may be used as an implement of police power in order to
promote the general welfare of the people, Taxation is exercised to raise
revenue for the very existence of the government to serve the people for who’s
these reasons make the payment of taxes compulsory. Without taxation, the
other inherent powers (police and eminent domain powers) would be
paralyzed. For this reason, even the police power of the government may be
exercised through taxation power. Without revenue, there can be no continuing
government without government, there can be no civilization.
BASIS OF TAXATION
• Principles of Necessity
Taxation is power emanating from necessity to preserve the State’s
sovereignty. The government has a right to compel all its citizen, residents
and property within its territory to contribute money. It is because the
government cannot exist without any means to pay its expense – a
necessary burden to preserve the state’s sovereignty.
Taxation is the “lifeblood” or the “bread and butter” of the government
and every citizen must pay his taxes. Taxes, being the lifeblood of the
government, their prompt and certain availability are of the essence.
BASIS OF TAXATION
• Revenue Purpose
The primary purpose of the taxation is to raise revenue by collection
funds or property for the support of the government in promoting the
general welfare and protecting its inhabitants. The fiscal policy of the
government is based on the rule that receipts or revenue should be equal
to annual government expenditures. The significant portion of the required
receipts is raised from taxation.
PURPOSES OF TAXATION
• Regulatory Purpose
Regulatory purpose, also known as sumptuary is a secondary objective
of imposing tax. This objective of accomplished to
a. Regulate inflation
b. Achieve economic and social stability, and
c. Serve as key instrument for social control.
PURPOSES OF TAXATION
• Compensatory Purpose
A tax may be used to make up for the benefits received. For example, a
tax on gasoline consumed is imposed on vehicle owners using roads. In
the case, the tax is compensatory for the use of road.
OBJECTS OF TAXATION - refer to the subject
to which taxes are imposed
The power of taxation is the most absolute of all the powers of the
government.
a) Comprehensive – covers all (persons, businesses, professions, right and
privileges)
b) Unlimited – In the absence of limitations provided by the law or the
constitution, the power to tax is unlimited and comprehensive. Its force is so
searching to the extent that the courts scarcely venture to declare that it is
subject to any restrictions.
c) Plenary – it is complete; BIR may avail of certain remedies to ensure
collection of taxes.
d) Supreme – in so far as the selection of the subject of taxation
LIMITATIONS TO THE POWER OF THE
TAXATION
The 1987 Philippine constitution sets limitations in the exercise of the power to tax as follow:
1. Due process of law;
2. Equal protection of laws;
3. Rule of uniformity and equity;
4. Non-impairment of contracts;
5. Origination of appropriation, revenue and tariff bills;
6. President’s power to veto separate items in revenue or tariff bills;
7. Congress granting tax exemption;
8. Exemption from taxation of properties actually, directly and exclusively used for religious,
charitable or educational purposes;
9. No public money shall be appropriated for religious purposes;
10. The power to judicial review;
11. No imprisonment for nonpayment of poll tax; and
12. Tax collection shall generally treat as general funds of the government.
STAGES, ASPECTS, OR PROCESSES OF
TAXATION
IMPORTANT:
The first two stages of taxation (levy and assessment) are referred to as
the impact of taxation, and the third phase is referred to as the incidence of
taxation.
PRINCIPLES OF A SOUND TAX SYSTEM - based
on Adam Smith’s Canons of Taxation
• Fiscal Adequacy - The principle of fiscal adequacy states that the sources of revenues of the
government should be sufficient to meet the demand of public expenditures regardless of
business condition.
• Equality/Theoretical Justice - This principle states that the tax burden must be proportionate
the tax payer’s ability to pay. It is based on the philosophy that “he who received more should
give more.”
• Administrative Feasibility - Tax laws must be convenient, just, uniform and effective in their
administration – free from confusion and uncertainty. Their exercise should be convenient as
to the place, time and mode of payment, and not burdensome or discouraging to business.
IMPORTANT: The principles of fiscal adequacy and theoretical justice represent the nature of the
government’s tax policy and the administrative feasibility represents tax administration.
CERTAIN DOCTRINES IN TAXATION
Double Taxation means an act of the sovereign by taxing twice for the same
purpose in the same year upon the same property or activity of the same
person, when it should be taxed once for the same purpose and with the same
kind of character of tax.
• Indirect Duplicate Taxation - This is double taxation in its broad sense. It
extends to all cases in which there is a burden of two or more pecuniary
impositions. It is usually allowed as long as there is no violation of the equal
protection and uniformity clauses of the Constitution.
• Direct Duplicate Taxation - This is double taxation in its strict sense. It is
prohibited because it comprises imposition of the same tax on the same
property for the same purposes by the same state during the same taxing
period.
ESCAPE FROM TAXATION
“A tax evader breaks the law (tax evasion), the tax avoider sidesteps it (tax
avoidance)” (Schultz & Harris, American Public Finance). The “doctrine of
escape from taxation” permits the taxpayer to minimize (if not to escape)
payment of tax by lawful means.
• Tax evasion - unlawful means
• Tax avoidance/tax minimization - lawful means; under this method, the
tax payer uses legal or unlawful means to defeat, evade or lessen the
payment off tax.
SITUS OF TAXATION
• Refers to the place of taxation, or the state or political unit which has
jurisdiction to impose tax over its inhabitants.
• It is the application of the principle of territorial jurisdiction which limits
the exercise of tax power in defining the objects of taxation.
• It defines boundaries of the taxing power over the objects of taxation in
terms of location whether or not they shall be subject to tax.
FACTORS IN DETERMINING THE SITUS OF
TAXATION
• Taxes are obligations created by law - Taxes arise from law and could
only be imposed even without previous agreement between the
government and the taxpayers.
• Taxes are generally personal to taxpayer - Their payment should be
borne specifically by the person with tax liability.
ESSENTIAL CHARACTERISTICS OF TAXES
• Used for a public purpose. Money is taken from the public so it can be
returned to them in the form of public benefits;
• Enforced on some persons, properties or rights. Objects of taxation are
either tangible or intangible properties, including business transactions.
• Commonly required to be paid at regular intervals. The dates for paying
of taxes are fixed by the law to comply with the principle of
administrative feasibility.
• Imposed by the sovereign state within its jurisdiction. The enforcement
of tax is subject to territorial jurisdiction and international comity
CLASSIFICATION OF TAXES
As to purpose:
a) Revenue or Fiscal. These taxes are imposed solely for the purpose of
raising revenue for the government (e.g. Income tax, value added tax, and
transfer tax).
b) Regulatory, Special or Sumptuary. These taxes are imposed for the purpose
of achieving some social or economic goals having no relation to the raising
revenue (e.g. customs duties, Protective tariff on imports to control foreign
trade and excise tax).
c) Compensatory. Taxes may be imposed for the equitable distribution of
wealth and income in the society.
CLASSIFICATION OF TAXES
As to Determination of Amount:
a) Ad Valorem. These taxes are fixed amounts in proportion to the value of the
property with respect to which the tax is assessed. It requires the intervention
of Assessors to estimate the value of such property before the amount due
from each taxpayer can be determined (e.g. Real Estate Tax, Custom Duties
and Excise Tax on fermented liquors, cigars, cigarettes gasoline and
automobiles).
b) Specific. These taxes are fixed amounts imposed and based on some
standard of weight or measurement, head or number length or volume. It
requires independent assessment other than listing a classification of the
subject taxed like excise taxes on distilled spirits, wines, fireworks, and
cinematographic films.
CLASSIFICATION OF TAXES
As to Rate or Graduation:
a) Proportional or Flat Rate. The rate of the tax is based on a fixed percentage of the
amount of the property, receipt or other basis to be taxed (e.g. Real estate tax and
VAT).
b) Progressive or Graduated Rate. The rate of the tax increases as the tax base or
bracket increases (e.g. Income Taxes)
c) Regressive Rate. The rate of tax decreases as the tax base or bracket increases.
There is no regressive tax in the Philippines.
d) Digressive rate. A fixed rate is imposed on a certain amount but diminishes
gradually on sums below it. In digressive rate, the tax rate is arbitrary because the
increase in tax rate is not proportionate to the increase of tax base.
e) Mixed Tax. It is a tax system that uses a combination of the different tax rates.
OTHER CHARGES/FEES
Tax Law is that body of laws which codifies all national tax laws including
income, estate, gift, excise, stamp and other taxes. Such law comprises of
the Republic Act 8424 entitled “The Comprehensive Tax Reform Act of the
Philippines,” otherwise known as the “National Internal Revenue Code of
1997” or the “Tax Code.” It also includes Republic Act 9337 – “The VAT
Reform Law, and local tax ordinances issued by the local government.
• Internal Revenue Law – It includes all laws legislated pertaining to the
national government taxes, which is embodied in the NIRC.
• Internal Revenue Taxes – taxes imposed by the legislative body other
than custom duties on imports. The following national taxes are
classified as Internal Revenue Taxes under the administration of BIR:
• Income tax;
• Transfer Taxes (Estate tax and Donor’s Tax);
• Business Taxes (VAT, Percentage tax and Excise tax);
• Documentary Stamp Tax (DST); and
• Such other taxes as may be imposed and collected by BIR.
NATURE OF TAX LAWS
The Philippine Internal Revenue laws are generally civil in nature; they
are neither political nor penal in nature.
Although tax laws deal with the fundamental symbiotic relationship of
people with the government, basically they are not political in nature. The
tax code (1997, NIRC) are special laws which prevail over general laws
such as Civil Code or Rules of Court. Accordingly, the provisions of the
NIRC on the prescription are given priority over the provisions of Civil Code.
INTERPRETATION AND APPLICATION OF TAX
LAWS
The BIR Commissioner issues BIR Rulings o particular tax case which
could be overruled by BIR Rulings of succeeding BIR Commissioner. The
Revenue Regulations are issued by the Department of Finance to cover the
implementing guidelines pertaining to a particular Section of Tax Code.
The Revenue Regulations are overruled by Court decisions upon issuance
of such resolution.
SOURCES OF PHILIPPINE TAX LAWS
https://taxreform.dof.gov.ph/
>> END <<