TAXATION
TAXATION
TAXATION
Which of the following taxes is based on the taxpayer’s ability to pay? Income tax
The power of Mindoro to impose a gross sales tax of 1/2 percent on the gross freight and fares of the
cargo and passengers shipped or transported out from Mindoro by vessels plying between the city and
other ports was held valid.
an exception to the principle of non-delegability of the power of taxation
Statement 1 Symbiotic relation is the reason why the government could impose taxes on the
incomes of resident citizens derived from sources outside the Philippines
Statement 2 Jurisdiction is the reason why citizens must provide support to the state so the latter
could continue to give protection. Both statements are false
No person shall be deprived of life, liberty and property without due process and this means that:
the taxpayer be secured from the abusive exercise of the taxing power of the State
Similarities of police power, power of taxation and power of eminent domain, except:
Superior to non-impairment clause
Which theory in taxation states that without taxes, a government would be paralyzed for lack of power
to activate and operate it, resulting in its destruction? Lifeblood theory
What is the system of taxation where different types of income are subjected to different set of
graduated or flat rates depending on the classification of the income? Schedular tax system
Which of the following statements is correct? The power to tax may include the power to destroy
Taxes are assessed for the purpose of generating revenues to be used for public needs. Taxation
itself is the power by which the State raises revenue to defray the expenses of the government. A
jurist said that a tax is what we pay for civilization Taxes are levied by the legislative branch of the
government
An increase in land value is not recognized as income until the property is sold or exchanged. This is
an application of the: Severance test theory
Statement 1 A person may refuse to pay a tax on the ground that he receives no personal benefit
from it.
Statement 2 A taxpayer has a right to question illegal expenditures of public funds.
The first statement is false, but the second statement is true
Which of these statements relative to the nature of taxes is inconsistent with the Supreme Court’s rulings in tax
cases A stockholder who has an unpaid stock subscription at the time the corporation is dissolved cannot be held
liable for the corporation’s tax delinquency.
Which of the following taxes does not adopt a system of graduated tax rates? Value-added tax
Which of the following is not a necessary condition to become a tax haven country?
no national tax treaties
Tariff may generally be defined as Amounts imposed on goods entering the imposing country
Statement 1 Because of the power of taxation is inherent in state, the inherent limitations on the
power of taxation always applies.
Statement 2 Inherent limitations on the power of taxation must give way to constitutional
limitations The first statement is false, but the second statement is true
An increase in land value is not recognized as income until the property is sold or exchanged. This is an
application of the: Severance test theory
One of the characteristics of our internal revenue laws is that they are generally prospective in operation
although the tax statute may nevertheless operate retrospectively provided it is clearly the legislative intent
Marshall said that the power to tax involves the power to destroy while Holmes maintains the power to tax is
not the power to destroy. Which among the following statements does not reconcile the two seemingly
inconsistent opinions? The power to tax could not be the subject of compensation and set-off.
Statement 1 The power to tax can be delegated to units of local government, but with limitations as
may be imposed by law.
Statement 2 The power to tax cannot be delegated to the executive department of the National
Government Both statements are true
Real property taxes should not disregard increases in the value of real property occurring over a long period of
time. To do otherwise would violate the canon of a sound tax system referred to as
Fiscal Adequacy. This is an inherent limitation on the power of taxation.
A fundamental rule in taxation is that the property of one country may not be taxed by
another country. This is known as
international comity
Marshall said that the power to tax involves the power to destroy while Holmes
maintains the power to tax is not the power to destroy. Which among the following
statements does not reconcile the two seemingly inconsistent opinions?
The power to tax could not be the subject of compensation and set-off.
Which theory in taxation states that without taxes, a government would be paralyzed for
lack of power to activate and operate it, resulting in its destruction?
Lifeblood Theory
Which of the following statements is correct?
The power to tax may include the power to destroy
An annual tax of P500 was imposed upon all residents of the Philippines, who are above
21 years of age, with a gross annual income of P250,000, whether or not they send their
children to public schools, for the purpose of raising funds in order to improve public
school buildings.
The tax is
for a public purpose
One of the characteristics of our internal revenue laws is that they are
generally prospective in operation although the tax statute may nevertheless operate
retrospectively provided it is clearly the legislative intent
There can be no tax unless there is a law imposing the tax is consistent with the
doctrine or principle of
non delegation of the power to tax
Statement 1 A person may refuse to pay a tax on the ground that he receives no
personal benefit from it.
Statement 2 A taxpayer has a right to question illegal expenditures of public funds.
The first statement is false, but the second statement is true
It is a tax of a fixed proportion of the value of the property with respect to which the tax
is assessed and requires the intervention of assessors or appraisers to estimate the
value of such property.
Ad Valorem
Consider the following statements:
I. The power of taxation involves the promulgation of rules.
II. The state has the power to impose taxes even without a constitutional
grant.
III. Taxes are based upon the lifeblood theory.
IV. There should be no improper delegation of the power to tax.
Choose the correct answer from among the following choices.
Statement II and III are both manifestations of the inherent nature of taxation.
When different types of income are subjected to common tax rates, the tax system is described as
totality tax system
An annual tax of P500 was imposed upon all residents of the Philippines, who are above 21 years of
age, with a gross annual income of P250,000, whether or not they send their children to public schools,
for the purpose of raising funds in order to improve public school buildings.
The tax is for a public purpose
The following propositions are erroneous except public purpose includes indirect public advantage
Settled is the rule that in tax matters, the government is not estopped by the errors or
mistakes committed by its agents or officers. This should be construed to mean that
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the power to tax is plenary and comprehensive
The Constitution does not prohibit indirect taxes. What the Constitution provides is that
Congress shall evolve a progressive system of taxation. Resort to indirect taxes should
be minimized but not avoided because it is difficult, if not impossible, to avoid them
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regressive taxes do not violate Sec 28 (1), Art VI of the Constitution
5.
What is the system of taxation that is adopted in the Philippines?
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Semi-global and semi-schedular tax system
6.
Which of the following is an element of a taxpayer’s suit?
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Illegal disbursement of public funds
7.
In cases of deductions and exemptions on income tax returns, doubts shall be resolved
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strictly against the taxpayer
8.
Which of these theories is based on the reciprocal duties of protection and support
between the State and its inhabitants?
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Benefits-Received Theory
9.
Which of the following principles is not in accord with a sound tax system?
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Retroactivity of tax rulings
10.
Our tax laws are both:
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Civil and prospective.
Limitations on the Power of Taxation
1.
Which of these statements relative to tax exemption is false?
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The rule of strict construction of tax exemptions applies to religious, charitable and
educational institutions.
2.
Which of the following tax exemptions and relief is an extension of “international
comity”?
Exemption of embassies of foreign governments from real property tax.
Exemption of income of foreign governments from income tax.
Tax treaties between the states granting tax incentives.
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All of the foregoing.
3.
A non-stock, non-profit educational institution operates a canteen and a bookstore
within the school campus. The income derived from these facilities (for income tax
purposes) and the real property therein (for real property tax purposes, respectively, are:
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Exempt and taxable, respectively
4.
No person shall be imprisoned for debt for non-payment of poll tax. This is a (an)
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Constitutional Limitation
5.
A stock educational institution operates a canteen and a bookstore within the school
campus. The income derived from these facilities (for income tax purposes) and the
real property therein (for real property tax purposes, respectively, are:
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Taxable and exempt, respectively
Tax Evasion vs. Tax Avoidance - Tax Avoidance vs. Tax Evasion
1.
Transfer of the tax burden by one on whom the tax is assessed to another
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Shifting
2.
Which of the following practices constitutes tax evasion?
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Understating the revenues and overstating the expenses
3.
Which of the following practices constitutes tax avoidance?
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Availing of tax credits
Statement I – Under Double taxation agreements, tax levied based on residence is called source
principle.
Statement II – Tax levied based on source of income is called residence principle.
Both statements are incorrect