Asynchronous Class: Constitutional & Legal earners (e.g.
,
Constraints – Must align VAT).
TAXATION: MIDTERM with constitutional By Subject: Personal
REVIEW POINTERS principles. (Individual Income Tax)
Economic Impact – vs. Business (Corporate
Over-taxation can Tax).
Activity: With reference and in discourage investment and By Purpose: General
addition to my previously sent economic growth. (used for government
review topic materials to you, Study Administrative operations) vs. Special
the following: Feasibility – Collection (earmarked for specific
must be efficient and cost- projects).
1. Characteristics, Objectives & effective. By Jurisdiction: National
Limitations of Taxation Social Acceptability – (BIR-administered taxes)
Excessive taxation may vs. Local (LGU-imposed
A. Characteristics of Taxation lead to resistance and tax taxes like real property
evasion. tax).
Compulsory
Contribution – Imposed 2. Types of Taxes & Tax 3. Taxation Principles &
by the government Classifications Limitations
without direct consent.
Legally Mandated – A. Types of Taxes A. Principles of Taxation (Adam
Based on laws and Smith’s Canons of Taxation)
regulations (e.g., National 1. Direct Taxes – Levied on
Internal Revenue Code). individuals and businesses 1. Equity (Fairness) –
Non-Punitive – Not a based on income or Taxes should be based on
penalty but a tool for property. the taxpayer’s ability to
revenue collection. o Examples: pay.
No Direct Benefit – Income Tax, 2. Efficiency – Should
Taxpayers do not receive Property Tax, minimize economic
direct compensation but Estate Tax distortion and
benefit from public 2. Indirect Taxes – administrative costs.
services. Collected by an 3. Simplicity – Must be easy
Based on Ability-to-Pay intermediary (e.g., to understand and comply
– Progressive taxation businesses) and passed to with.
ensures fairness in the government. 4. Certainty – Tax
contribution. o Examples: obligations should be
Value-Added predictable and clear.
B. Objectives of Taxation Tax (VAT), 5. Flexibility – Should adapt
Sales Tax, to economic and social
Excise Tax, changes.
1. Revenue Generation –
Primary source of Customs Duties
government funding. B. Limitations of Taxation
2. Economic Stabilization – B. Tax Classifications
Helps control inflation Legal Limitations:
and deflation. Constitutional constraints,
By Incidence:
3. Wealth Redistribution – due process requirements.
o Progressive –
Addresses income Economic Limitations:
inequality through Higher tax rate
as income Cannot overburden
progressive taxes. taxpayers or stifle
4. Encouraging or increases (e.g.,
Income Tax). economic growth.
Discouraging Behavior – Administrative
Tax incentives for o Proportional –
Fixed rate Limitations: Must be
investments, sin taxes on cost-effective and
harmful goods. regardless of
income level enforceable.
5. National Development –
Funds infrastructure, (e.g., Corporate
education, healthcare, and Income Tax). 4. Tax Laws & Government
public services. o Regressive – Agencies
Higher burden
on low-income A. Tax Laws
C. Limitations of Taxation
National Internal Bureau of Customs Compliance &
Revenue Code (NIRC) – (BOC) – Regulates Reporting – Filing tax
Governs taxation in the customs duties and import returns, withholding tax
Philippines. taxes. obligations.
Local Government Code Department of Finance Tax Planning &
– Grants LGUs the power (DOF) – Oversees tax Avoidance – Legal ways
to impose local taxes. policy and fiscal to minimize tax liability.
Special Tax Laws – VAT management. Tax Incentives &
Law, Excise Tax Law, Local Government Units Exemptions – Benefits
Expanded Withholding (LGUs) – Handle real for businesses and
Tax, etc. property tax, business individuals.
permits, etc. Impact on Business &
B. Government Agencies International Bodies – Economy – How taxation
Responsible for Taxation IMF, OECD, WTO affects investment and
(influence global tax consumption.
policies). Legal Consequences of
Bureau of Internal Tax Evasion – Penalties,
Revenue (BIR) – interest, and legal action
Administers national 5. Application of Taxation
Concepts for non-compliance.
taxes.
1. Rationale of Income Management: Helps businesses'
Taxation regulate economic profits.
fluctuations through o Property Tax
Income taxation is imposed by fiscal policies. o Estate Tax
governments to generate o Capital Gains
revenue for public services and 2. Concept of Income Taxation Tax: Applied
economic development. The to profits from
rationale behind taxation Income taxation is the process of asset sales.
includes: levying a tax on an individual's o VAT
or corporation's earnings. Key o Excise Tax
Revenue Generation: concepts include: o Withholding
Primary source of Tax:
government funds for Taxpayer: Any Deducted at
infrastructure, individual or entity the source of
education, healthcare, subject to tax. income.
and defense. Tax Base: The amount o Final Tax: A
Redistribution of upon which tax is definitive tax
Wealth: Helps address imposed (e.g., gross on certain
income inequality by income, net income). income types,
imposing higher taxes Tax Rate: The requiring no
on higher earners. percentage applied to further filing.
Economic Regulation: the tax base to
Encourages or determine tax liability. 3. Objectives of Income
discourages certain Types of Income Tax: Taxation
economic behaviors o Personal
through tax incentives Income Tax: The key objectives of income
or penalties. Levied on taxation are:
Social Justice: Ensures individuals'
that individuals and earnings.
businesses contribute Revenue Collection:
o Corporate To fund government
fairly to national Income Tax:
development. expenditures and
Imposed on development projects.
Control of Inflation
and Demand
Economic Growth Due Process of Law: own additional income
and Stability: Tax Tax laws must be fair, taxes.
policies influence reasonable, and follow Special Laws and
economic progress by legal procedures. Regulations: Includes
managing inflation and Equal Protection tax incentives,
investment levels. Clause: Taxes should exemptions, and sector-
Social and Economic be applied equally to specific tax policies.
Equity: Promotes similarly situated
fairness through individuals.
progressive tax Public Purpose
systems. Requirement: Taxes
Encouragement of should be used for
Investments and public benefit.
Savings: Tax Non-delegation of
incentives boost Taxing Power: Only
business investments the legislative branch
and capital formation. can impose taxes.
Foreign Relations and Exemptions and
Trade Balance: Aligns Privileges: Certain
tax policies with institutions (e.g.,
international charities, religious
agreements and trade groups) may receive tax
practices. exemptions.
Prohibition of
4. Situs of Income Taxation Confiscatory
Taxation: Taxes
The situs (place of taxation) should not be excessive
determines which country has to the point of
the right to tax income. It confiscating property.
depends on:
6. Income Tax Laws
Source Principle:
Income is taxed where Income taxation is governed by
it is earned. various laws, including:
Residence Principle:
Taxpayers are taxed National Internal
based on their Revenue Code
residency status. (NIRC): The primary
Citizenship Principle: tax law in many
Some countries tax jurisdictions.
individuals based on Tax Reform Laws:
their citizenship, Amendments and
regardless of residency. updates to existing tax
Mixed Principle: codes, such as reduced
Combines different tax rates or new
taxation principles to classifications.
determine liability. International Tax
Treaties: Agreements
5. Limitations on the Power of between countries to
Taxation prevent double taxation
and promote tax
Governments' power to impose cooperation.
taxes is subject to constitutional Local Government
and legal restrictions, including: Taxation: Some
regions impose their