Chapter 1: Fundamental Principles Flashcards
The process or means by which the sovereign, through its law making body, imposes burdens upon subjects & objects within its jurisdiction for the purpose of raising revenue to carry out the legitimate objects of government
Taxation
Independent state
Sovereign
Law making body
Legislature
Act of levying a tax to apportion the cost of government among those who, in some measure, are privileged to enjoy its benefits and must therefore bear its burden
Taxation
A power inherent in every sovereign state being essential to the existence of every government
Taxation
Any constitutional provision regarding the state’s power to tax should not be interpreted as a “___________” but merely a limitation to the state’s power to tax
Grant of power
The 3 Inherent Power of the State
- Police Power
- Power of Taxation
- Power of Eminent Domain
It is the fair market value that a federal or local government must pay in order to seize that private property for public use
Just Compensation
Promotion of general welfare through regulation
Police Power
What happened to the property taken in the exercise of the police power?
Destroyed, since this property is noxious or intended for a noxious purpose.
It is the power by which the State raises revenue to defray the necessary expenses of the government
Power of Taxation
The taking of private property for public use/purpose with just compensation
Power of Eminent Domain
Primary Purpose of Taxation
Revenue or Fiscal Purpose
Secondary Purpose of Taxation
Regulatory Purpose or Sumptuary / Conpensatory
Taxes imposed for raising revenues are income and business taxes are example of what purpose of taxation?
Primary purpose or Revenue or Fiscal Purpose
It is often employed as a devise for regulation or control (implementation of State’s Police Power) by means of which certain effects or conditions envisioned by the government may be achieved such as:
Promotion of General Welfare
Reduction of Social Inequality
Economic Growth
Secondary Purpose or Regulatory Purpose (Sumptuary / Compensatory)
Theory of Taxation
Life Blood Theory & Necessity Theory