GROUP 5 REPORT Flashcards
These are the lifeblood of government. Without it, the government will not be able to provide it’s services to the people like public works and highways, health, education, defense and police protection, social services, among others
Taxes
What is the importance of taxation?
Necessary for government to be able to finance its expenditures
The government collects taxes from the people who have the capacity to earn more income and accumulate wealth. In return, the government uses the tax revenues collected to provide social services such as health and education to the less fortunate members of society.
Taxes and the economy
The act of levying a tax that is the process or means by which the sovereign, through its law-making body, raises income to defray the necessary expenses of the government.
An inherent power of the state to demand enforced contributions from the people for public purposes.
Taxation
What are the purpose of taxes?
- To raise revenue for the government to cover its own expenditure on the provision of social services such as education, health, public infrastructures, etc. as well as the salaries and benefits of public servants;
- As an instrument of fiscal policy in regulating the level of total spending in the economy so as to stabilize the economy:
- To alter the distribution of income and wealth; and
- To control the volume of imports (and sometimes exports of certain goods) into the country.
What are the types of taxes?
- Direct taxes
- Indirect Taxes
- Progressive Taxes
- Proportional Taxes
- Regressive Taxes
These are taxes levied by government on the income and wealth received by households and businesses in order to raise government revenue and as an instrument of fiscal policy.
Individual Income Taxes- taxes that are levied on households.
Corporate Income Tax-taxes on businesses.
Direct Taxes
taxes levied by government on goods and services in order to raise revenue and as an instrument of fiscal policy.
Examples: value added tax (vat) and excise taxes on certain products
Indirect Taxes
These are taxes that place a greater burden on those best able to pay and little or no burden on the poor. The best example if the individual income tax.
Progressive Taxes
These are taxes that place an equal burden on the rich, the middle class and the poor. In other words, taxes are levied at a constant rate as income rises.
Proportional Taxes
These are taxes that fall heavily on the poor than on the rich. It is a structure of taxation in which taxes are levied at a decreasing rate as income rises.
Regressive Taxes
What are the 11 of Adam Smith’s Canon of Taxation?
- Adequacy
- Broad Basing
- Compatibility
- Convenience
- Earmarking
- Efficiency
- Equity
- Neutrality
- Predictability
- Restricted Exemptions
- Simplicity
Taxes should be just enough to generate revenue required for provision of essential public services like health, education, and national defense and police protection.
Adequacy
Taxes should be spread over as wide as possible to all sectors of the population or economy so as to minimize the individual tax burden.
Broad Basing
Taxes should be coordinated to ensure tax neutrality and overall objectives of good governance.
Compatibility
Taxes should be enforced in a manner that facilitates voluntary compliance to the maximum extent possible.
Convenience
Tax revenue from a specific source should be dedicated to a specific purpose only when there is a direct cost-and-benefit link between the tax source and the expenditure.
Earmarking
Tax collection efforts of government should not cost an inordinately high percentage of tax revenues.
Efficiency
Taxes should equally burden all individuals and entities in similar economic circumstances.
Equity
Taxes should not favor any one group or sector over another, and should not be designed to interfere with or influence individual decision making.
Neutrality
Collection of taxes should reinforce their inevitability and regulatory.
Predictability
Tax exemptions must only be for specific purposes and for limited period.
Restricted Exemptions
Tax assessment and determination should be easy to understand by an average tax payer.
Simplicity
The Constitution, the fundamental law of the land; statues, laws passed by Congress; or Presidential Decrees; Bureau of Internal Revenue rules and regulations; Judicial decisions on tax cases by the Supreme Court; Provincial, city, and municipal ordinances; observance of international agreements; and administrative rulings and opinion.
The Basis of Taxation in the Philippines
What are the 3 different taxable entities?
- Individuals who earn a considerable amount of income as a worker or a businessman in partnership or corporation
- Tangible and intangible properties, whether personal properties that can be moved/relocate such as vehicles, furniture, patents and ownership titles, or real properties
- Transactions, consumptions interests, imports and exports and privileges
literally means place of taxation.
Situs of Taxation
What is the general rule in Situs of Taxation?
The taxing power cannot go beyond the territorial limits of the taxing authority.
The taxable situs will depend upon the nature of income, as follows
- Interest income is treated as income from within the Philippines if the debtor or lender, whether an individual or corporation, is a resident of the Philippines.
- Dividends-dividends received from a domestic corporation are treated as income from sources within the Philippines.
- Services-services performed within the Philippines o
- Rentals and royalties-gain or income from property or interest located or used in the Philippines
- Sale of real property gain from sales of real property located within the Philippines
Restrictions on the power exists from the very nature of the power of taxation itself.
Inherent Limitations
What are the inherent Limitations?
- Requirement that levy must be for a public purpose
- Non-delegation of the legislative power to tax, except:
Delegation to the President –
Delegation to local governments
Delegation to administrative bodies - Exemption from taxation of government entities
- International comity
- Territorial jurisdiction