PRELIMS Flashcards
There should be direct receipt of benefit before one could be compelled to pay taxes.
False
Eminent domain involves confiscation of prohibited commodities to protect the well-being of the people.
False
Horizontal equity requires consideration of the circumstance of the taxpayer.
True
Taxes are the lifeblood of the government.
True
Police power is the most superior power of the government.
True
All inherent powers presuppose an equivalent form of compensation.
True
The reciprocal duty of support between the government and the people underscores the basis of taxation.
True
Taxation is a mode of apportionment of government costs to the people.
True
The exercise of taxation power requires constitutional grant.
False
Taxation is inherent in sovereignty.
True
Is the process or means by which the sovereign, through its lawmaking body imposes burden upon subject within its jurisdiction for the purpose of raising revenue to carry out the legitimate objects of government.
Taxation
Taxation is an inherent power of the state
As to state power
Taxation is a process of levying taxes by the legislature of the state
As to process
Taxation is a mode by which the state allocates its cost or burden to its subject who are benefited by its spending
As a mode of cost distribution
Lifeblood of the government
Taxes
Power of the state to enforce proportional contribution from its subjects to sustain itself
Taxation power
The general power of state to enact law to protect the well-being of the people
Police power
The power of the state to take private property for public use after paying just compensation
Eminent Domain
Place of taxation
Situs
Businesses are subject to tax in the place where the business is conducted
Business tax situs
When all the all element of double taxation exist for both imposition
Direct double taxation
When at least one of the secondary element of double taxation is not common for both imposition
Indirect double taxation
Any misrepresentation made by one party toward another
Doctrine of estoppel
Tax avoidance is also know as
Tax minimization