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    SYLLABUS - Tax 2

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    Patrick Dumagat
    The document outlines the syllabus for a Taxation 2 course. It details 6 topics that will be covered in the course including Estate Tax, Donor's Tax, Value-Added Tax, Excise Tax, Documentary Stamp Tax, and Tariff and Customs Duties. For each topic, it lists the relevant sections of the law and cases that will be discussed.

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    SYLLABUS - Tax 2

    Uploaded by

    Patrick Dumagat
    9 views3 pages
    The document outlines the syllabus for a Taxation 2 course. It details 6 topics that will be covered in the course including Estate Tax, Donor's Tax, Value-Added Tax, Excise Tax, Documentary Stamp Tax, and Tariff and Customs Duties. For each topic, it lists the relevant sections of the law and cases that will be discussed.

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    SYLLABUS_Tax 2

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    The document outlines the syllabus for a Taxation 2 course. It details 6 topics that will be covered in the course including Estate Tax, Donor's Tax, Value-Added Tax, Excise Tax, Documentary Stamp Tax, and Tariff and Customs Duties. For each topic, it lists the relevant sections of the law and cases that will be discussed.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    9 views3 pages

    SYLLABUS - Tax 2

    Uploaded by

    Patrick Dumagat
    The document outlines the syllabus for a Taxation 2 course. It details 6 topics that will be covered in the course including Estate Tax, Donor's Tax, Value-Added Tax, Excise Tax, Documentary Stamp Tax, and Tariff and Customs Duties. For each topic, it lists the relevant sections of the law and cases that will be discussed.

    Copyright:

    © All Rights Reserved
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    Download as doc, pdf, or txt
    of 3

    SYLLABUS

    Course Name : Taxation 2


    Number of Units : 3 units
    Faculty : Atty. Karla A. Funtila-Abugan

    Course Description: A study of the concepts and general principles of transfer tax (estate
    and donor’s tax), business tax (such as value-added, percentage, and excise tax), and
    miscellaneous tax under the National Internal Revenue Code (NIRC), including general
    principles on tariff and customs duties.

    Course Outline

    I. ESTATE TAX

    Sections 84 to 97, NIRC in relation to Civil Code provisions on Succession


    Republic Act No. 7499
    Revenue Regulation No. 02-2003
    Revenue Memorandum Order No. 10-2010
    Revenue Memorandum Circular No. 34-2013

    1. Definition and Concept


    2. Computation of Net Taxable Estate and Estate Tax
    a. Gross Estate; Valuation
    b. Net Estate; Allowable Deductions
    c. Tax Rate
    3. Administrative Provisions
    a. Documentary Requirements
    b. Procedure

    Cases:
    Lorenzo v. Posadas, Jr., 64 Phil. 353 (1937)
    Commissioner of Internal Revenue v. Court of Appeals, 328 SCRA 666 (2000)

    II. DONOR’S TAX

    Sections 98 to 104, NIRC in relation to Civil Code provisions on Donation


    Revenue Regulation No. 02-2003

    1. Definition and Concept


    2. Valuation of Gifts
    3. Computation of Net Gift and Donor’s Tax
    a. Basis; Gift to Strangers
    b. Net Gift; Allowable Deductions; Exemptions
    c. Tax Rate
    4. Administrative Provisions
    a. Documentary Requirements
    b. Procedure

    Cases:
    Zapanta v. Posadas, Jr., 52 Phil. 557 (1928)
    Gestopa v. Court of Appeals, 342 SCRA 105 (2000)
    Tang Ho v. Board of Tax Appeals and CIR, 97 Phil. 889 (1955)
    Syllabus – Taxation 2

    III. VALUE-ADDED TAX and PERCENTAGE TAX

    Sections 105 to 128, NIRC


    Republic Act No. 9337
    Revenue Regulation Nos. 16-05, 4-07, 1-12
    Revenue Memorandum Circular No. 7-06

    1. Overview; Basic VAT Concepts


    2. Coverage; Exemptions
    3. Computation and Tax Rate
    4. Administrative Provisions
    a. Documentary Requirements
    b. Procedure
    5. Percentage Tax – Concept, Kinds, Administrative Provisions

    Cases:
    CIR v. Sekisui Jushi Philippines, Inc., G.R. No. 149671, July 21, 2006
    CIR v. SM Primeholdings, Inc., G.R. No. 183505, February 26, 2010
    Southern Philippines Power Corporation v. CIR, G.R. No. 179632, October 19, 2011
    CIR v. San Roque Power Corporation, G.R. No. 187485, February 12, 2013

    IV. EXCISE TAX

    Sections 129 to 172, NIRC


    Republic Act No. 10351

    1. Excise Tax Levy


    2. Accrual and Payment of Excise Tax
    3. Liabilities for Non-Payment; Exemptions

    Cases:
    CIR v. Pilipinas Shell Petroleum Corporation, G.R. No. 188497, April 25, 2012
    Diageo Philippines Inc. v. CIR, G.R. No. 183553, November 12, 2012
    CIR v. Pilipinas Shell Petroleum Corporation, G.R. No. 188497, February 19, 2014

    V. DOCUMENTARY STAMP TAX

    Sections 173-201, NIRC

    1. Documents Subject to Tax


    2. Documents and Papers Not Subject to Stamp Tax
    3. Effects of Failure to Affix Documentary Stamps

    VI. TARIFF AND CUSTOMS DUTIES

    The Tariff and Customs Code of the Philippines


    1. Definition and Scope of Tariff and Customs Laws; Basic Concepts
    2. Functions, Powers and Duties of the Bureau of Customs
    3. Enforcement of Tax Lien and Seizures
    4. Taxpayer’s Remedies
    a. Customs Protest
    b. Seizure and Forfeiture Cases
    c. Automatic Review

    2
    Syllabus – Taxation 2

    Cases:
    Jao v. Court of Appeals, 249 SCRA 35
    People v. Desiderio, L-20805, November 29, 1965
    Agriex Co., Ltd. v. Villanueva, G.R. No. 158150, September 10, 2014

    Teaching Methods/Strategies

    Class recitations will basically be employed to determine whether the student


    read and understood the provisions of the law and the decisions of the Supreme Court.
    Quizzes, announced or unannounced, will also be administered to check the
    comprehension and analysis of the students. Lectures and visual aids may be used
    when applicable.

    Students are expected to submit at the end of the semester a hand-written case
    digest of all the cases assigned during the course.

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