Академический Документы
Профессиональный Документы
Культура Документы
The state can enforce contributions upon its citizens in the form of taxes even without a
provision in the constitution authorizing it
2. No law granting any law exmeptin shall be passed without the concurrence of one third of the
members of the congress
3. Under the constitution, churchers are exempted from payment of income taxes.
4. No person shall be prisoned for non-payment of income tax.
5. The power of the legislative in taxation is limited only in the interpretation and application of
tax laws.
6. The power to value property for purposes of taxation is legislative in character.
7. Protection is the basic consideration that justifies tax situs
8. Uniformity implies equality of burden and not equality in amount
9. The due process clause in the constitution applies only to taxation
10. A tax evader sidesteps the law while a tax avoider breaks it
11. Nonpayment of tax makes the business illegal
12. Capitalization is a method to escape from taxation wherevy the price of the based object is
reduced due to the value of future taxes which the purchaser expects to be called upon to pay
13. The adverse effects of double taxation may be mitigated by tax credits and deductions
14. Taxation is the rule while exemption is the exception
15. Double taxation is expressly prohibited by the constitution
16. Government entities exercising proprietary functions are taxable unless expressly exempt
17. In police power, there is transfer of that right to property whether it be ownership of a leaser
right
18. Benefits from taxation have to be experienced to justify the legitimacy of collection of taxes
from the people
19. Veto power is the power of congres to reject a bill
20. Police power may be exercised by public service companies on public utilities
21. The constitution prohibits the imposition of license fee on the sale of bibles not for profit in a
non-stock non-profit religious corporation
22. Toll and penalty may be imposed by private entities and individuals
23. Tax laws are critical in nature as they imposed penalties for non-payment of taxes
24. Special assessment is an imposition based on necessity
25. Debt may be set off while tax cannot be the subject of set off
President Aquino enacted a law imposing a tax on the sale of certain articles. Mr. Renan is a
seller of those goods but refuses to pay the tax because he knows that government officials
would just use the taxes collected for their own personal benefit. BIR wants to assess Mr.
Renan for non-payment of tax. Is the BIR justified to make an assessment against Mr. Renan?
Explain answer.
- Firstly, Mr. Renan should pay his taxes even if some of the government officials would
just use the taxes for their own benefit, since Mr. Renan is doing his business transactions within
the territory of the Philippines. Moreover, tax is an enforced contribution, therefore, he should
pay his taxes. If he failed to do so, the Philippine government can penalize him by filing a criminal
or civil case against him. Furthermore, the BIR is justified to make an assessment against Mr.
Renan, since the constitution states that one of the main power and function of the BIR is to asses
and collect all national internal revenue, fees and charges so it is legal/justifiable for the BIR to
asses and Mr. Renan.