Principles Of Taxation Flashcards
4 Elements of States
- People
- Teritory
- Government
- Sovereignty
3 Inherent Power of State
- Police Power
- Power of Taxation
- Power of Eminent Domain
Refers to the inhabitants of the state
People
Refers to the physical geographic area over which the state has jurisdiction and control
Terittory
The agency or instrumentality through which the will of the State is formulated, expressed, and realized.
Government
The supreme and uncontrollable power inherent in a State by which the State is governed.
Sovereignty
Inherent power - regulate liberty and propert for the promotion of the general welfare
Police power
Inherernt power- forcibly acquire private property, upon payment of just compensation, for some intended public use.
Power of Eminent Domain
Inherent power- by which the states raises revenue to defray the necessary expenses of the government
Power of Taxation
T or F
Taxation power may be exercised even though not expressly granted by the Constitution.
True.
The inherent power is much more powerful than the Constitution. The inherent power was already existing the momemnt the state was created.
Inherent power are exercised primarily by
The Legislature
It may be granted to public, service, or utility companies
Power of Eminent Domain
Strongest power of the State
Power of Taxation
T or F
The power to tax is viewed as the power to destroy in the sense that a lawful tax cannot be defeated just because its exercise would be destructive or would bring about insolvency to a taxpayer.
True. Tax is a valid tax. This is so because a taxpayer could not seek the nullification of the valid tax solely upon the premise that the tax will impoverish him.
3 Elements of Taxation
- An enforced contribution from persons and properties
- Imposed by the state by virtue of its sovereignty
- It is levied for the support of the government
3 Theory and Basis of Taxation
- Lifeblood Theory
- Necessity Theory
- Benefit-Received Principle
What is Lifeblood Theory?
Taxes are the lifeblood of the government, without tax government will not exist nor survive.
Theory of Taxation
Resident citizens are taxable even on income derived from sourced abroad.
Benefits-received theory
T or F
The power of eminent domain and power of taxation affect only property rights.
True. Police power is not included because it regulates both liberty and property
Primary Purpose of Taxation
Provide funds for the government.
Revenue or fiscal
(5) Secondary Purpose of Taxation (Sumptuary Purpose)
- Promotion of general welfare
- Regulation of activities/industries
- Reduction of social inequality
- Encourage economic growth
- Protectionism
(4) Scope of Power of Taxation
- Comprehensive
- Unlimited
- Plenary
- Supreme
(3) Principles of a Sound Tax System
- Fiscal Adequacy
- Administrative Feasibility
- Equality or Theoretical Justice
(8) Nature of Taxation
- Inherent in sovereignty
- Legislative in character
- Subject to constitutional and inherent limitation
- Strongest of all the inherent powers of the government
- Territoial in operations
- Generally pecuniary/monetary in nature
- Generally not delegated to the executive or administrative
- The right to tax exist apart from the constitution and is not expressly grant by the people.