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IBANEZ
TAXATION LAW
CLASS REPORTING
TOPIC:
NATURE OF TAXING POWERINHERENT ATTRIBUTE OF SOVEREIGNTY
The power of taxation is an incident of sovereignty as it is inherent in the State, belonging as a matter of right to every independent government. It does need constitutional conferment. Regardless of whether quarters allowance should be considered as compensation or not, the resolution of the board of the directors authorizing payment thereof to the petitioner cannot be given effect since it was disapproved by the Control Committee in the exercise of powers granted to it by Executive Order No. 93. And in any event, petitioner's contention that quarters allowance is not compensation, a proposition on which American authorities appear divided, cannot be insisted on behalf of officers and employees working for the Government of the Philippines and its Instrumentalities, including, naturally, government-controlled corporations.
TOPIC:
TAX AND LICENSEDISTINGUISHED
C A S E
D O C T R I N E
TOPIC:
EXEMPTION OF GOVERNMENT AGENCIES/ INSTRUMENTALITIES
D O C T R I N E
However, the exemption does not extend to improvements on public land. Consequently, the warehouse constructed on the reserved land by NDC should properly be assessed real estate tax, as such improvement does not appear to belong to the public, [NDC v. Cebu City, 215 SCRA 382].
TOPIC:
NON-IMPAIRMENT CLAUSE
C A S E
D O C T R I N E
TOPIC:
SPECIAL FUND
TOPIC:
REVENUE REGULATIONS
C A S E
D O C T R I N E
Ratio Decidendi: 1. The added exception urged by petitioner Commissioner based on Revenue Memorandum Order No. 4-87, further restricting the scope of the amnesty clearly amounts to an act of administrative legislation quite contrary to the mandate of the law which the regulation ought to implement 2. The authority of the Secretary of Finance, in conjunction with the CIR, to promulgate rules and regulations for the enforcement of internal revenue laws cannot be controverted. Neither can it be disputed that such rules and regulations, as well as administrative opinions and rulings, ordinarily should deserve weight and respect by the courts. Much more fundamental than either of the above, however, is that all such issuances must not override, but must remain consistent and in harmony with, the law they seek to apply and implement. Administrative rules and regulations are intended to carry out, neither to supplant nor to modify ,the law.
TOPIC:
SOURCE OF INCOME -INCOME ACQUIRED BY MISTAKE
The Court held, If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent. It was in 1917 that the profits became entitled to them, and they achieved access to and control of the gains. If the 1922 decision had ruled in favor of the government, North American Oil would have been entitled to a deduction in the amount of those lost profits.
TOPIC:
UNREGISTERED OR REGISTERED PARTNERSHIP
Note: The income derived from inherited properties may be considered as individual income of the respective heirs only as long as the inheritance or estate is not distributed or, at least partitioned, but the moment their respective known shares are used as part of the common assets of the heirs to be used in making profits, it is but proper that the income of such shares be considered as part of the taxable income of an unregistered partnership.
TOPIC:
KINDS OF ITEMIZED DEDUCTIONS: BUSINESS EXPENSE
The interests and dividends in question are merely incidental income to petitioner's main activity, which is the operation of its hospital and nursing schools. Mere holding of investments cannot be considered engaging in business so that the expenses in managing the investments are not considered ordinary and necessary in the pursuit of a trade or business. Hence, it is not deductible as business or administrative expenses
TOPIC:
LIFEBLOOD THEORY
It is axiomatic that the Government cannot and must not be estopped particularly in matters involving taxes. Taxes are the lifeblood of the nation through which the government agencies continue to operate and with which the State effects its functions for the welfare of its constituents. The errors of certain administrative officers should never be allowed to jeopardize the Government's financial position, especially in the case at bar where the amount involves millions of pesos the collection whereof, if justified, stands to be prejudiced just because of bureaucratic lethargy.
TOPIC:
REGULATORY MEASURE
TOPIC:
PUBLIC PURPOSE
TOPIC:
UNIFORMITY
TOPIC:
TAX EXEMPTION
TOPIC:
: THE ALL-EVENTS TEST; WHEN DEDUCTIONS FROM INCOME TAXES MAY BE CLAIMED
TOPIC:
EMPLOYER-EMPLOYEE RELATIONSHIP
HELD:
The petition is granted. SMC was ordered to reinstate petitioners, with three (3) years backwages. However, if reinstatement is no longer possible, SMC is ordered to pay separation pay equivalent to one (1) month pay for every year of service. Ratio: T he question of whether an employer employee relationship exists in a certain situation continues to bedevil the courts. Some businessmen try to avoid the bringing about of an employer employee relationship in their enterprises because that judicial relation spawns obligations connected with workmens compensation, social security, medicare, termination pay, and unionism
TOPIC:
BAD DEBTS
Mere testimony of the financial accountant of the petitioner is not sufficient it must be supported by evidences. The court provides rule in determining the worthlessness of a debt such as the tax payer must show that there is a valid and subsisting debt, the debt must be actually ascertained to be worthless and uncollectible during the taxable year, the debt must be charged off during the taxable year, and the debt must arise from the business a trade of the tax payer. Petitioner did not satisfy the requirements of worthlessness of a debt as to 13 accounts.
TOPIC:
LIFEBLOOD THEORY
TOPIC:
TAXATION VS. POLICE POWER
TOPIC:
PROPERTY TAX (PERSONAL)
The court found that the cars other than those mentioned were not liable to assessment. The order of the county court was affirmed by the circuit court, and an appeal taken to the court of appeals of Kentucky, which reversed the judgment of the court below, and found that the company was liable to taxation upon its entire number of 2,000 cars, and directed the court below to enter judgment against it for the taxes appropriate to this number
TOPIC:
EQUALITY AND UNIFORMITY DISTINGUISHED
C A S E
D O C T R I N E
TOPIC:
APPROPRIATION OF PUBLIC MONEY
TOPIC:
RULE ON CONSTRUCTION OF EXEMPTIONS
It is not true that oil millers are exempt from VAT. Pursuant to Sec 102 of the NIRC, they are subject to 10% VAT on the sale of services. Under Sec 104 of the Tax Code, they are allowed to credit the input tax on the sale of copra by traders and dealers, but there is no tax credit if the sale is made directly by the copra producer as the sale is VAT exempt. In the same manner, copra traders and dealers are allowed to credit the input tax on the sale of copra by other traders and dealers, but there is no tax credit if the sale is made by the producer.
TOPIC:
INCOME DEFINED
TOPIC:
CAPITAL ASSETS
TOPIC:
TAXATION DEFINED
Vera vs Fernandez
C A S E
D O C T R I N E Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. To safeguard such interest, neglect or omission of government officials entrusted with the collection of taxes should not be allowed to bring harm or detriment to the people, in the same manner as private persons may be made to suffer individually on account of his own negligence, the presumption being that they take good care of their personal affairs. This should not hold true to government officials with respect to matters not of their own personal concern. This is the philosophy behind the government's exception, as a general rule, from the operation of the principle of estoppel.
TOPIC:
ASSESSMENT AND COLLECTION
Roxas vs CTA
C A S E
D O C T R I N E No. the contention of the CIR Roxas y Cia should be considered a real estate dealer because it engaged in the selling of real estate as without merit. The sale of the farm was not only in consonance with but in obedience to the request and pursuant to the policy of the government to allocate lands to the landless. It is the duty of the government to pay the agreed compensation after it persuaded Roxas y Cia to sell the hacienda, and to subsequently subdivide them among the farmers at very reasonable terms and prices. Power of Taxation should be exercise with caution to minimize invasion to proprietary rights of a taxpayer, it must be exercised fairly equally and uniformly, lest tax collector kill the hen that lays the golden eggs
TOPIC:
EQUAL PROTECTION
Domingo vs Garlitos
C A S E
D O C T R I N E All persons subject to legislation shall be treated alike under similar circumstances and conditions both in privilege conferred and liabilities imposed. The doctrine does not require that persons or properties different in fact be treated in law as though they were the same. What it prohibits is class legislation which discriminates against some and favors others. As long as there are rational or reasonable grounds for so doing, Congress may group persons or properties to be taxed and it is sufficient if all members of the same class are subject to the same rate and the tax is administered impartially upon them.
TOPIC:
LEGAL BASIS OF EXEMPTION
Republic vs Caguioa
C A S E
D O C T R I N E A tax exemption cannot be grounded upon the continued existence of a statute which precludes its change or repeal. Flowing from the basic precept of constitutional law that no law is irrepealable, Congress, in the legitimate exercise of its lawmaking powers, can enact a law withdrawing a tax exemption just as efficaciously as it may grant the same under Section 28(4) of Article VI of the Constitution. There is no gainsaying therefore that Congress can amend Section 131 of the NIRC in a manner it sees fit, as it did when it passed R.A. No. 9334.
TOPIC:
RETIREMENT BENEFITS
TOPIC:
SPECIAL KIND OF LOSSES
TAXATION LAW
THANK YOU
TAXATION LAW
CLASS REPORTING
Taxation is the inherent power of the sovereign, exercised through the legislature, to impose burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out the legitimate objects of government.
TOPIC:
TAXATION DEFINED
It is also defined as the act of levying a tax, i.e. the process or means by which the sovereign, through its law-making body, raises income to defray the necessary expenses of government. It is a method of apportioning the cost of government among those who, in some measure, are privileged to enjoy its benefits and must therefore bear its burdens. It is a mode of raising revenue for public purposes,
Vera vs Fernandez
C A S E
D O C T R I N E Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. To safeguard such interest, neglect or omission of government officials entrusted with the collection of taxes should not be allowed to bring harm or detriment to the people, in the same manner as private persons may be made to suffer individually on account of his own negligence, the presumption being that they take good care of their personal affairs. This should not hold true to government officials with respect to matters not of their own personal concern. This is the philosophy behind the government's exception, as a general rule, from the operation of the principle of estoppel.
UNDERLYING THEORY AND BASIS OF TAXATION 1.LIFEBLOOD THEORY 2. NECESSITY THEORY 3. BENEFITS PROTECTION THEORY
TOPIC:
LIFEBLOOD THEORY
It is axiomatic that the Government cannot and must not be estopped particularly in matters involving taxes. Taxes are the lifeblood of the nation through which the government agencies continue to operate and with which the State effects its functions for the welfare of its constituents. The errors of certain administrative officers should never be allowed to jeopardize the Government's financial position, especially in the case at bar where the amount involves millions of pesos the collection whereof, if justified, stands to be prejudiced just because of bureaucratic lethargy.
TOPIC:
NATURE OF TAXING POWERINHERENT ATTRIBUTE OF SOVEREIGNTY
The power of taxation is an incident of sovereignty as it is inherent in the State, belonging as a matter of right to every independent government. It does need constitutional conferment. Regardless of whether quarters allowance should be considered as compensation or not, the resolution of the board of the directors authorizing payment thereof to the petitioner cannot be given effect since it was disapproved by the Control Committee in the exercise of powers granted to it by Executive Order No. 93. And in any event, petitioner's contention that quarters allowance is not compensation, a proposition on which American authorities appear divided, cannot be insisted on behalf of officers and employees working for the Government of the Philippines and its Instrumentalities, including, naturally, government-controlled corporations.
TOPIC:
ASSESSMENT AND COLLECTION
Roxas vs CTA
C A S E
D O C T R I N E No. the contention of the CIR Roxas y Cia should be considered a real estate dealer because it engaged in the selling of real estate as without merit. The sale of the farm was not only in consonance with but in obedience to the request and pursuant to the policy of the government to allocate lands to the landless. It is the duty of the government to pay the agreed compensation after it persuaded Roxas y Cia to sell the hacienda, and to subsequently subdivide them among the farmers at very reasonable terms and prices. Power of Taxation should be exercise with caution to minimize invasion to proprietary rights of a taxpayer, it must be exercised fairly equally and uniformly, lest tax collector kill the hen that lays the golden eggs
PURPOSES OF TAXATION: PRIMARY: RAISE REVENUE SECONDARY: 1. REDUCTION OF SOCIAL INEQUALITY 2. 2. ENCOURAGES GROWTH OF LOCAL INDUSTRIES 3. 3. PROTECT OUR LOCAL INDUSTRIES AGAINST UNFAIR COMPETITION 4. 3. AS IMPLEMENT OF POLICE POWER OF THE STATE ( REGULATORY MEASURE)
TOPIC:
REGULATORY MEASURE
TOPIC:
TAXATION VS. POLICE POWER
TAXATION POLICE POWER DEFIN Power of the State to demand enforced contributions Power of the State to enact such laws in ITION for public purposes. relation to persons and property as may promote public health, safety, morals, and the general welfare of the public. Authori Only the government or its political subdivisions. ty exercisi ng the power TAXATION Purpose Enforced contribution is demanded for the support of the government. Only the government and its political subdivisions.
EMINENT DOMAIN Power of the State to take private property for public use upon paying to the owner a just compensation to be ascertained according to law. May be granted to public service or public utility companies.
POLICE POWER Use of property is regulated for the purpose of promoting the general welfare. Persons Operates upon a community, a class of individuals or Operates upon a community, a class of affected their property. individuals or their property. Effect Money contributed in the concept of taxes becomes part of public funds.
EMINENT DOMAIN Property is taken for public use. Operates on an individual as the owner of a particular property.
No transfer of ownership of the There is transfer of ownership or a property seized, at most there is restraint lesser right (e.g. lease), of the on the injurious use of the property. property. Restraint on the exercise of a right. Persons affected receives no direct benefit but only as such as may arise from the maintenance of the healthy economic standard of society. Amount imposed should not be more that that sufficient to cover the cost of the license and the necessary expenses of regulation. Relatively free from Constitutional limitations and is superior to the nonimpairment provisions. Person affected receives just compensation for the property taken from him. No amount imposed, since it is property which is taken. Subject to certain Constitutional limitations (e.g. inferior to the nonimpairment of contracts clause).
Benefits Presumed that the taxpayer receives the equivalent of received what he contributed in the form of protection from the government, and the enjoyment of living in a civilized society. Amount Generally no limit as to the amount of tax to be of imposed. impositi on Relatio Subject to certain Constitutional limitations nship to the Constit ution
LICENSE OR REGULATORY FEE AND TAX License fee is legal compensation or reward of an officer for specific services while a tax is an enforced contribution from persons or property by the law-making body of the State by virtue of its sovereignty and for the support of the government and all public needs. License fee is imposed for regulation, while a tax is levied for revenue. License fee involves the exercise of police power, while tax the exercise of power of taxation.
TOPIC:
License fees are imposed only on the right to exercise a privilege, while taxes are also imposed on persons and property.
Failure to pay a license fee makes the act or business illegal, while failure to pay a tax does not necessarily make the act or business illegal.
C A S E
D O C T R I N E
INHERENT LIMITATIONS 2. 4. 5. Purpose must be public in nature. Prohibition against delegation of the taxing power. Exemption of government entities, agencies, and instrumentalities. International comity. Limitations of territorial jurisdiction
TOPIC:
PUBLIC PURPOSE
TOPIC:
EXEMPTION OF GOVERNMENT AGENCIES/ INSTRUMENTALITIES
D O C T R I N E
However, the exemption does not extend to improvements on public land. Consequently, the warehouse constructed on the reserved land by NDC should properly be assessed real estate tax, as such improvement does not appear to belong to the public, [NDC v. Cebu City, 215 SCRA 382].
1. CONSTITUTIONAL LIMITATIONS
1. 2. 3. 4. 5. 6. 7. Due process of law; Equal protection of laws; Rule of uniformity and equity in taxation; Prohibition against imprisonment for non-payment of poll tax; Prohibition against impairment of obligations and contracts; Prohibition against infringement of religious freedom; Prohibition against appropriation of proceeds of taxation for the use, benefit, or support of any church; 8. Prohibition against taxation of religious, charitable, and educational entities; 9. Prohibition against taxation of non-stock, non-profit educational institutions; 10. Others 1. Grant of tax exemption 2. Veto of appropriation, revenue, tariff bills by the President 3. Non-impairment of the SC jurisdiction 4. Revenue bills shall originate exclusively from the House of Representatives 5. Infringement of press freedom 6. Grant of franchise
TOPIC:
SPECIAL FUND
TOPIC:
TAX EXEMPTION
Sec. 28 c, Art. VI of the Constitution provides that the rule of taxation shall be uniform and equitable. The concept of uniformity in taxation implies that all taxable articles or properties of the same class shall be taxed at the same rate. It requires the uniform application and operation, without discrimination, of the tax in every place where the subject of the tax is found. It does not, however, require absolute identity or equality under all circumstances, but subject to reasonable classification.
TOPIC:
The concept of equity in taxation requires that the apportionment of the tax burden be, more or less, just in the light of the taxpayers ability to shoulder the tax burden and, if warranted, on the basis of the benefits received from the government. Its cornerstone is the taxpayers ability to pay.
C A S E
D O C T R I N E
TOPIC:
APPROPRIATION OF PUBLIC MONEY
TOPIC:
Exceptions:
When the law itself expressly provides for a liberal construction thereof. In cases of exemptions granted to religious, charitable and educational institutions or to the government or its agencies or to public property because the general rule is that they are exempted from tax.
It is not true that oil millers are exempt from VAT. Pursuant to Sec 102 of the NIRC, they are subject to 10% VAT on the sale of services. Under Sec 104 of the Tax Code, they are allowed to credit the input tax on the sale of copra by traders and dealers, but there is no tax credit if the sale is made directly by the copra producer as the sale is VAT exempt. In the same manner, copra traders and dealers are allowed to credit the input tax on the sale of copra by other traders and dealers, but there is no tax credit if the sale is made by the producer.
TOPIC:
LEGAL BASIS OF EXEMPTION
Republic vs Caguioa
C A S E
D O C T R I N E
A tax exemption cannot be grounded upon the continued existence of a statute which precludes its change or repeal. Flowing from the basic precept of constitutional law that no law is irrepealable, Congress, in the legitimate exercise of its lawmaking powers, can enact a law withdrawing a tax exemption just as efficaciously as it may grant the same under Section 28(4) of Article VI of the Constitution. There is no gainsaying therefore that Congress can amend Section 131 of the NIRC in a manner it sees fit, as it did when it passed R.A. No. 9334.
TOPIC:
REVENUE REGULATIONS
C A S E
D O C T R I N E
Ratio Decidendi: 1. The added exception urged by petitioner Commissioner based on Revenue Memorandum Order No. 4-87, further restricting the scope of the amnesty clearly amounts to an act of administrative legislation quite contrary to the mandate of the law which the regulation ought to implement 2. The authority of the Secretary of Finance, in conjunction with the CIR, to promulgate rules and regulations for the enforcement of internal revenue laws cannot be controverted. Neither can it be disputed that such rules and regulations, as well as administrative opinions and rulings, ordinarily should deserve weight and respect by the courts. Much more fundamental than either of the above, however, is that all such issuances must not override, but must remain consistent and in harmony with, the law they seek to apply and implement. Administrative rules and regulations are intended to carry out, neither to supplant nor to modify ,the law.
TOPIC:
SOURCE OF INCOME -INCOME ACQUIRED BY MISTAKE
SOURCES OF INCOME: 1. 2. 3. 4. PROPERTY LABOR SALE/EXCHANGE OF CAPITAL ASSET AND ACTIVITY INCOME DERIVED FROM OTHER SOURCES
TOPIC:
SOURCE OF INCOME -INCOME ACQUIRED BY MISTAKE
The Court held, If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent. It was in 1917 that the profits became entitled to them, and they achieved access to and control of the gains. If the 1922 decision had ruled in favor of the government, North American Oil would have been entitled to a deduction in the amount of those lost profits.
TOPIC:
UNREGISTERED OR REGISTERED PARTNERSHIP
Note: The income derived from inherited properties may be considered as individual income of the respective heirs only as long as the inheritance or estate is not distributed or, at least partitioned, but the moment their respective known shares are used as part of the common assets of the heirs to be used in making profits, it is but proper that the income of such shares be considered as part of the taxable income of an unregistered partnership.
TOPIC:
KINDS OF ITEMIZED DEDUCTIONS: BUSINESS EXPENSE
The interests and dividends in question are merely incidental income to petitioner's main activity, which is the operation of its hospital and nursing schools. Mere holding of investments cannot be considered engaging in business so that the expenses in managing the investments are not considered ordinary and necessary in the pursuit of a trade or business. Hence, it is not deductible as business or administrative expenses
TOPIC:
LIFEBLOOD THEORY
It is axiomatic that the Government cannot and must not be estopped particularly in matters involving taxes. Taxes are the lifeblood of the nation through which the government agencies continue to operate and with which the State effects its functions for the welfare of its constituents. The errors of certain administrative officers should never be allowed to jeopardize the Government's financial position, especially in the case at bar where the amount involves millions of pesos the collection whereof, if justified, stands to be prejudiced just because of bureaucratic lethargy.
TOPIC:
REGULATORY MEASURE
TOPIC:
PUBLIC PURPOSE
TOPIC:
UNIFORMITY
TOPIC:
TAX EXEMPTION
The Court held, If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent. It was in 1917 that the profits became entitled to them, and they achieved access to and control of the gains. If the 1922 decision had ruled in favor of the government, North American Oil would have been entitled to a deduction in the amount of those lost profits.
CORPORATE INCOME - TAXABLE AS A CORPORATION PROVIDED THE FF. REQ CONCUR: - 1. AGREEMENT, ORAL OR WRITTEN TO CONTRIBUTE MONEY, PROPERTY OR INDUSTRY TO A COMMON FUND - 2. INTENTION TO DIVIDE THE PROFITS
TOPIC:
UNREGISTERED OR REGISTERED PARTNERSHIP
Note: The income derived from inherited properties may be considered as individual income of the respective heirs only as long as the inheritance or estate is not distributed or, at least partitioned, but the moment their respective known shares are used as part of the common assets of the heirs to be used in making profits, it is but proper that the income of such shares be considered as part of the taxable income of an unregistered partnership.
TOPIC:
: THE ALL-EVENTS TEST; WHEN DEDUCTIONS FROM INCOME TAXES MAY BE CLAIMED
TOPIC:
EMPLOYER-EMPLOYEE RELATIONSHIP
HELD:
The petition is granted. SMC was ordered to reinstate petitioners, with three (3) years backwages. However, if reinstatement is no longer possible, SMC is ordered to pay separation pay equivalent to one (1) month pay for every year of service. Ratio: T he question of whether an employer employee relationship exists in a certain situation continues to bedevil the courts. Some businessmen try to avoid the bringing about of an employer employee relationship in their enterprises because that judicial relation spawns obligations connected with workmens compensation, social security, medicare, termination pay, and unionism
TOPIC:
KINDS OF ITEMIZED DEDUCTIONS: BUSINESS EXPENSE
The interests and dividends in question are merely incidental income to petitioner's main activity, which is the operation of its hospital and nursing schools. Mere holding of investments cannot be considered engaging in business so that the expenses in managing the investments are not considered ordinary and necessary in the pursuit of a trade or business. Hence, it is not deductible as business or administrative expenses
TOPIC:
BAD DEBTS
Mere testimony of the financial accountant of the petitioner is not sufficient it must be supported by evidences. The court provides rule in determining the worthlessness of a debt such as the tax payer must show that there is a valid and subsisting debt, the debt must be actually ascertained to be worthless and uncollectible during the taxable year, the debt must be charged off during the taxable year, and the debt must arise from the business a trade of the tax payer. Petitioner did not satisfy the requirements of worthlessness of a debt as to 13 accounts.
TOPIC:
RETIREMENT BENEFITS
TOPIC:
SPECIAL KIND OF LOSSES
TAXATION LAW
THANK YOU