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Tax guide 1 POWER OF TAXATION TAXATION -inherent power by which the sovereign through its law-making body raises revenue to defray the necessary expenses of government Characteristics Inherent power of the sovereign state Exclusively lodged with the legis

POWER OF TAXATION TAXATION -inherent power by which the sovereign through its law-making body raises revenue to defray the necessary expenses of government Characteristics Inherent power of the sovereign state Exclusively lodged with the legislature Subject to inherent constitutional and contractual limitations Natures Plenary Comprehensive Awesome power that could destroy Purposes and Objectives RAISE REVENUE - basically its purpose is to provide funds or property with which the state promotes the general welfare and protection of its citizens NON-REVENUE Promotion of general welfare Regulation Reduction of social inequality Encourage economic growth Protectionism Theories and bases LIFEBLOOD THEORY Importance of taxation -taxes are what we pay to civilized society -without taxes the government would be paralyzed for lack of motive power to activate and operate it NECESSITY THEORY Theory of taxation -tax is an attribute of sovereignty emnating from necessity -it is a necessary burden to preserve the state's sovereignty and a means to give the citizenry an army to resist an aggression a navy to defend its shore from invasion a corps of civil servants to serve public improvements designed for enjoyment of the citizenry and those which comes within the state's teritory and facilities and protection which a government is supposed to provide BENEFITS -PROTECTION THEORY Basis of taxation -taxation is a symbiotic relationship whereby in exchange of the bene ?ts and protection that the citizen gets from the government taxes are paid Aspects Levy or imposition of the tax tax legislation function of congress Enforcement or tax administration tax collection function of executives e g BIR Scopes of Legislative Taxing Power Amount or rate of tax Apportionment of tax Kind of tax Method of collection Purpose s of its levy provided it is for public purpose Subject to be taxed provided it is within its jurisdiction Situs of taxation May the COURT interfere with tax legislation As long as the legislatue in imposing a tax does not violate applicable constitutional limitations or restrictions it is not within the province of the courts to inquire into the wisdom or policy of the exaction the motives behind it the amount to be raised or the persons property or other priveledge to be taxed The court's power in taxation is LIMITED only to the application and interpretation of the law BASIC PRINCIPLES OF SOUND TAX SYSTEM Fiscal Adequacy -su ?ciency to meet govt expdture and other pub needs Administrative Feasibility -capibility of being e ?ectively enforced Theoretical Justice -based on taxpayer's ability to pay progressive Tax -enforced proportional contibutions from the persons and property levied by the lawmaking body of the state by virtue of its sovereignty in support of government and for pCuhbarliaccnteereisdtsic s Forced charged Generally payable in money Exclusively levied by the legislature Assessed in accordance w some reasonable rule of apportionment Imposed by the state within its jurisdiction Levied for a public purpose Classi ?cations As to subject matter Personal Tax -taxes are of ?xed amount upon all person of certain class within the jurisction without regard