[Excercise 1-1] TRUE OR FALSE Flashcards
[TRUE OR FALSE] A taxpayer who deliberately admits to over-declaring their taxable income is guilty of tax evasion.
Ans: False. A taxpayer who deliberately under-declares their taxable income is guilty of tax evasion.
[TRUE OR FALSE] The power to tax can extend over any jurisdiction to impose taxes on persons or property.
Ans: False. The power to tax is generally limited to the territorial jurisdiction of the taxing authority.
[TRUE OR FALSE] Salaries of Supreme Court justices and judges of lower courts are exempt from income tax.
Ans: False.
[TRUE OR FALSE] A person cannot refuse to pay a tax on the ground that they were previously diagnosed as positive for COVID-19.
Ans: True.
[TRUE OR FALSE] Taxes must only be imposed prospectively unless the law provides for its retroactivity.
Ans: True.
[TRUE OR FALSE] Tax evasion in one year can be offset by paying excessive taxes in the following year.
Ans: False. Tax evasion is illegal and cannot be offset by overpaying in a different tax period.
[TRUE OR FALSE] Taxation can be exercised by local government units even without a previous constitutional authority.
Ans: False. Local government units derive their power to tax from the Constitution and laws enacted by Congress.
[TRUE OR FALSE] Tax laws should always be aimed at revenue collection.
Ans: False. Tax laws can also be used for regulatory purposes, social justice, and economic development.
[TRUE OR FALSE]
A tax is a voluntary donation to the government.
Ans: False. A tax is a compulsory contribution imposed by the government.
[TRUE OR FALSE] The salary of the President of the Philippines is not subject to income tax.
Ans: False. The salary of the President is subject to income tax.
[TRUE OR FALSE]
The salary of a priest as a chaplain in the Armed Forces of the Philippines is subject to income tax.
Ans: True.
[TRUE OR FALSE]
The income of a non-stock, non-profit educational institution is exempt from income tax.
Ans: True.
[TRUE OR FALSE] NON-DELEGATION of the legislative power to tax is both a constitutional and inherent limitation on the power of taxation.
Ans: True.
[TRUE OR FALSE] The power to tax is limited to the territorial jurisdiction of the taxing government.
Ans: True.
[TRUE OR FALSE]
The power to tax may include the power to destroy.
Ans: True.
[TRUE OR FALSE] The test for exemption from real property tax of private institutions is its use and not its ownership.
Ans: True.
[TRUE OR FALSE]
As a general rule, a tax exemption is an act of liberality which can be revoked by the government.
Ans: True.
[TRUE OR FALSE]
Taxes are paid only by those who are directly benefiting from the government.
Ans: False. Taxes are imposed on all qualified taxpayers regardless of direct benefit.
[TRUE OR FALSE]
All revenue bills must originate from the Senate.
Ans: False. All revenue bills must originate from the House of Representatives.
[TRUE OR FALSE]
All laws granting tax exemption must be approved by a two-thirds (2/3) vote of all the members of Congress.
Ans: False. A majority vote of all members of Congress is required for tax exemption laws.
[TRUE OR FALSE] A law passed by Congress which granted tax amnesty to those who have not paid income taxes for a certain year without at the same time providing for the refund of taxes of those who have already paid them is invalid because it is a violation of the equal protection clause.
Ans: False. Valid because there is a valid classification.
[TRUE OR FALSE] The doctrine of “incidental and reasonably necessary use” as a basis in the granting of exemption from real property tax on educational institutions is still applicable under the 1987 Constitution.
Ans: False. The 1987 Constitution strictly requires that properties be actually, directly, and exclusively used for educational purposes to qualify for tax exemption.
[TRUE OR FALSE] The power to grant tax exemption is essentially a legislative prerogative.
Ans: True.
[TRUE OR FALSE] The non-impairment clause is violated if franchises are revoked even if the reason for its revocation is public welfare.
Ans: False. The government can revoke franchises for valid public welfare reasons without violating the non-impairment clause.