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RA 7160 Flashcards

1
Q

Local Government Code of 1991 was signed on ____ by president ___

A

October 10, 1991
Corazon Aquino

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2
Q

Local Government Code of 1991 effectivity date

A

January 1, 1992

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3
Q

Real Property Taxation. Fundamental Principles- The appraisal, assessment, levy and collection of real property tax shall be guided by the following fundamental principles:

A

(f) Real property shall be appraised at its current and fair market value
(a) Real property shall be classified for assessment purposes on the basis of its actual use
(u) Real property shall be assessed on the basis of a uniform classification within each local government unit
(c) The appraisal, assessment, levy and collection of real property tax shall not be let to any private person
(et) The appraisal and assessment of real property shall be equitable

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4
Q

All real property, whether taxable or exempt, shall be appraised at the ___ prevailing in the locality where the property is situated

A

current fair market value

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5
Q

shall promulgate the necessary rules and regulations for the classification, appraisal, and assessment of real property pursuant to the provisions of this Code

A

Department of Finance

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6
Q

Sworn declaration of real property shall be filed with the assessor concerned once every ___ during the period from ___

A

3 years, January 1 to June 30

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7
Q

It shall be the duty of all persons, natural or juridical, owning or administering real property, including the improvements therein, within a city or municipality, or their duly authorized representative, to prepare, or cause to be prepared, and file with the provincial, city, or municipal assessor, a sworn statement declaring the ___ of their property, whether previously declared or undeclared, taxable or exempt, which shall be the current and fair market value of the property, as determined by the declarant

A

true value

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8
Q

Duty of person acquiring real property or making improvement thereon - prepare or cause to be prepared, and file with the provincial, city or municipal assessor a sworn statement declaring the true value of the subject property, within ____ after the acquisition of such property or upon completion or occupancy of the improvement, whichever comes earlier

A

60 days

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9
Q

any person who shall transfer real property ownership to another shall notify the provincial, city or municipal assessor concerned within ___ from the date of such transfer. The notification shall include the mode of transfer, the description of the property alienated, the name and address of the transferee

A

60 days

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10
Q

For purposes of assessment, real property shall be classified as ___,
___, ___, ___, ____, ____.

A

R-A-C-I-M-S

residential
agricultural
commercial
industrial
mineral
special

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11
Q

The city or municipality within Metropolitan Manila Area, through their respective ____, have the power to classify lands as residential, agricultural, commercial, industrial, mineral, timberland, or special in accordance with their zoning ordinances

A

Sanggunian

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12
Q

all lands, buildings, and other improvements actually, directly and exclusively used for hospitals, cultural or scientific purposes, and those owned and used by local water districts, and government-owned or controlled corporations rendering essential public services in the supply and distribution of water and/or generation and transmission od electric power shall be classified as ___

A

special

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13
Q

Real property shall be classified, valued and assessed on the basis of its ___ regardless of where located, whoever owns it, and whoever uses it

A

actual use

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14
Q

The assessment levels to be applied to the fair market value of real property to determine its assessed value shall be fixed by ordinances of the Sangguniang Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan of a municipality within the Metropolitan Manila Area, at the rates not exceeding the following:

A

Assessment Levels on Lands

Commercial - 50%
Industrial - 50%
Mineral - 50%
Agricultural - 40%
Residential - 20%
Timberland - 20%

Assessment Levels on Buildings and Other Structures

Commercial - 80%
Industrial - 80%
Timberland - 70%
Residential - 60%
Agricultural - 50%

Assessment Levels on Machineries

Commercial - 80%
Industrial - 80%
Residential - 50%
Agricultural - 40%

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15
Q

Special Classes: Assessment levels for all lands, buildings, machineries and other improvements -

A

Cultural - 15%
Scientific - 15%
Hospital - 15%
Local Water Districts - 10%
GOCC (power) - 10%

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16
Q

The provincial, city or municipal assessor shall undertake a general revision of real property assessments within ___ after the effectivity of this Code and every ___ thereafter

A

2 years, 3 years

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17
Q

In cases where real property is declared and listed for taxation purposes for the first time, there is an ongoing general revision of the property classification and assessment, or a request is made by the person in whose name the property is declared, the provincial, city or municipal assessor or his duly authorized deputy shall, in accordance with the provisions of this Chapter, make classification, appraisal, and assessment of real property listed and described in the declaration irrespective of any previous assessment or taxpayer’s valuation thereon: Provided, however, That the assessment of real property shall not be increased oftener than ___ except ___

A

once every 3 years, in case of new improvements substantially increasing the value of said property or of any change in its actual use

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18
Q

All assessments or reassessments made after the first (1st) day of January of any year shall take effect ___

A

on the 1st day of January of the succeeding year

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19
Q

Reassessment of real property due to its partial or total destruction, or to a major change in its actual use, or to any great and sudden inflation or deflation of real property values, or to the gross illegality of the assessment when made or to any other abnormal cause, shall be made within ___ from the date any such cause or causes occurred, and shall take effect at ___

A

90 days, the beginning of the quarter next following the reassessment

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20
Q

Real property declared for the first time shall be assessed for taxes for the period during it would have been liable but in no case for more than ___ prior to the date of initial assessment

A

10 years

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21
Q

If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon; otherwise, such taxes shall be subject to an interest at the rate of ___ or a fraction thereof from the date of the receipt of the assessment until such taxes are fully paid

A

2% per month

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22
Q

When real property is assessed for the first time or when an existing assessment is increased or decreased, the provincial, city or municipal assessor shall within ___ give written notice of such new or revised assessment to the person in whose name the property is declared.

A

30 days

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23
Q

The fair market value of a brand-new machinery shall be the ___

A

acquisition cost

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24
Q

The cost in foreign currency of imported machinery shall be converted to peso cost on the basis of foreign currency exchange rates as fixed by the

A

Central Bank

25
Q

For purposes of assessment, an allowance shall be made for machinery at a rate ___ of its original cost or its replacement or reproduction cost, as the case may be, for each year use

A

not exceeding 5%

26
Q

The remaining value for all kinds of machinery shall be fixed at ___ of such original, replacement, or reproduction cost for so long as the machinery is useful and in operation

A

not less than 20%

27
Q

any owner or person having legal interest in the property who is not satisfied with the action of the provincial, city, or municipal assessor in the assessment of his property may, within ___ from the date of receipt of the written notice of assessment, appeal to the Board of Assessment Appeals of the province or city by filing a petition under oath

A

60 days

28
Q

The Local Board of Assessment Appeals of the province or city shall be composed of

A

Register of Deeds - chairman
Provincial or City Prosecutor and the Provincial or City Engineer - members

29
Q

The Local Board of Assessment Appeals shall decide the appeal within ___ from the date of receipt of such appeal

A

120 days

30
Q

The Central Board of Assessment Appeals shall be composed of ___ to be appointed by the ___ who shall serve for a term of ___ , without reappointment

A

a chairman and 2 members, President, 7 years

31
Q

A province or city or a municipality within the Metropolitan Manila Area shall fix a uniform rate of basic real property tax applicable to their respective localities as follows

A

Province - rate not exceeding 1% of the assessed value
City or Municipality within Metropolitan Manila Area - rate not exceeding 2% of the assessed value

32
Q

The following are exempted from payment of real property tax

A

Real property owned by the Republic of the Philippines

Charitable institutions, churches, parsonages, or convents

Machineries and equipment used by local water districts and GOCCs (water/power)

Real property owned by duly registered cooperatives

Machinery and equipment used for pollution control and environmental protection

33
Q

A province or city, or a municipality within the Metropolitan Manila Area, may levy and collect an annual tax of ___ on the assessed value of real property which shall be in addition to the basic real property tax. The proceeds thereof shall exclusively accrue to the Special Education Fund (SEF)

A

1%

34
Q

A province or city, or a municipality within Metro Manila Area, may levy an annual tax on idle lands at the rate ___ of the assessed value of the property which shall be in addition to the basic real property tax

A

not exceeding 5%

35
Q

Idle lands, coverage

A

Agricultural lands, more than 1 hectare in area, 1/2 of which remain uncultivated or unimproved

Lands other than agricultural, more than 1,000 square meters in area 1/2 of which remain unutilized or unimproved

36
Q

not considered idle lands

A

Agricultural lands planted to permanent or perennial crops with at least 50 trees to a hectare

Lands used for grazing purposes

37
Q

A province or city, or municipality within the Metropolitan Manila Area may exempt idle lands from the additional levy by reason of ___, ___, ___ or any cause or circumstance which physically or legally prevents the owner of the property or person having interest therein from improving, utilizing or cultivating the same

A

force majeure
civil disturbance
natural calamity

38
Q

A province or city, or municipality may a special levy on lands comprised within its territorial jurisdiction specially benefited by public works or improvements funded by the local government unit concerned: Provided however, that the special levy shall be ___

A

not exceed 60% of the actual cost

39
Q

the number of annual installments for the payment of the special levy

A

5 - 10 years

40
Q

The real property tax for any year shall accrue on

A

1st day of January

41
Q

shall constitute a lien on the property which shall be superior to any other lien, mortgage, or encumbrance of any kind whatsoever, and shall be extinguished only upon the payment of the delinquent tax

A

real property tax

42
Q

The province, city or municipal assessor shall prepare and submit to the treasurer of the local government unit, on or before ___, an assessment roll containing a list of all persons whose real properties have been newly assessed or reassessed and the values of such properties

A

31st day of December each year

43
Q

The city or municipal treasurer shall on or before ___ post the notice of the dates when the tax may be paid without interest and shall likewise be published in a newspaper of general circulation in the locality once a week for 2 consecutive weeks

A

31st day of January each year

44
Q

The owner of the real property or the person having legal interest therein may pay the basic real property tax and the additional tax for SEF due thereon without interest in 4 equal installments:

A

1st - March 31
2nd - June 30
3rd - September 30
4th - December 31

45
Q

Tax Discount for Advanced Prompt Payment: If the basic real property tax and the additional tax accruing to the Special Education Fund (SEF) are paid in advance in accordance with the prescribed schedule of payment as provided under Section 250, the Sanggunian concerned may grant a discount ___ of the annual tax due

A

not exceeding 20%

46
Q

No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated on the tax receipts the words ___

A

“paid under protest”

47
Q

Payment under protest: The protest in writing must be filed within ___ from payment of the tax to the provincial, city treasurer or municipal treasurer, in the case of the municipality within Metropolitan Manila Area, who shall decide the protest within ___ from receipt

A

30 days, 60 days

48
Q

In the event that the protest is finally decided in favor of the taxpayer, the amount or portion of the tax protested shall be ___ or ___

A

refunded, applied as tax credit

49
Q

In no case shall the total interest on the unpaid tax or portion thereof exceed ___

A

36 months / 72%

50
Q

The proceeds of the basic real property tax shall be distributed as follows:

A

In case of provinces:
Province - 35% shall accrue to the general fund
Municipality - 40% to the general fund
Barangay - 25%

In the case of cities
City - 70% to the general fund
Barangays - 30%, where 50% shall accrue to the Barangay where the property is located and 50% shall accrue equally to all component Barangays of the City

In the case of a municipality within Metro Manila Area:
Metropolitan Manila Authority - 35%
Municipality - 35%
Barangays - 30%, where 50% to the barangay where property is located and 50 % equally to component barangays

51
Q

The share of each barangay shall be released, without need of anu further action, directly to the Barangay treasurer on a ___ within ___ after end of each quarter and shall not be subject to any lien or holdback for whatever purpose

A

quarterly basis, 5 days

52
Q

A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner their utilization or disposition in the following cases:

A

(1) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture
(2) where the land shall have substantially greater economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned

53
Q

Reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance

A

highly urbanized and independent component cities - 15%
component cities and 1st to 3rd class municipalities - 10%
4th to 6th class municipalities - 5%

54
Q

___ may, when public interest so requires and upon recommendation of ___, authorize a city or municipality to reclassify lands in excess of the limits

A

The President, National Economic and Development Authority

55
Q

Individuals liable to Community Tax

A

(1) 18 years of age who has been regularly employed on a wage or salary basis for at least 30 consecutive working days during any calendar year

(2) engaged in business or occupation

(3) owns real property with an aggregate assessed value of Php1,000 or more

(4) who is required by law

56
Q

How much is Community Tax

A

P5.00 and an additional P1.00 for every P1,000 of income but shall not exceed P5,000

57
Q

Every corporation no matter how created or organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall pay annual community tax of ___ and an additional annual tax, which in no case, shall exceed ___ in accordance with the following schedule:

A

P500;
P10,000;
(1) P2.00 for every P5,000 worth of real property
(2) P2.00 for every P5,000 of gross receipts or earnings

58
Q

The following are exempt from the community tax:

A

Diplomatic and consular representatives

Transient visitors when their stay in the Philippines does not exceed 3 months

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