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CONCEPTS OF TAXATION

 Chapter 16
 ECONOMICS: its concepts and principles
 By:   BKG Gabay
       RM Remotin, Jr.
       EAM Uy
Definition of Terms
                TAXATION is defined in many ways.
                Commonly heard definitions include:

It is the process by which the sovereign, through its law making
body, races revenues use to defray expenses of government.
It is a means of government in increasing its revenue under the
authority of the law, purposely used to promote welfare and
protection of its citizenry.
It is the collection of the share of individual and organizational
income by a government under the authority of the law.
Concept of Taxation

Taxation is the inherent power of the state to
impose and demand contribution upon
persons, properties, or rights for the purpose of
generating revenues for public purposes.

The power of taxation upon necessity and is
inherent in every government or sovereignty.
Principles and Theories of Taxation
   The Benefit Principle. This principle holds the individuals
    should be taxed in proportion to the benefits they receive from
    the governments and that taxes should be paid by those people
    who receive the direct benefit of the government programs and
    projects out of the taxes paid.

   The Ability-to-Pay Principle. This principle holds that taxes
    should relate with the people’s income or the ability to pay, that
    is, people with greater income or wealth and can afford to pay
    more taxes should be taxed at a higher rate than people with less
    wealth. Ex. Individual income tax.

   The Equal-Distribution Principle. This principle that
    income, wealth, and transaction should be taxed at a fixed
    percentage; that is, people who earn more and buy more should
    pay more taxes, but will not pay a higher rate of taxes.
Structures of a Tax System
   A tax is proportional. Meaning the government takes an amount of
    money from a person which is indirect proportion to his income. Ex. Ben
    salary is 10,000pesos and the government is deducting 10% of his salary
    for tax. After a year his income increases to 15,000pesos and the
    governments now deducts 12% of his salary for tax. The said tax is
    proportional.
   A tax is regressive. Meaning that the governments takes a larger
    percentage of a persons income per tax, while he is receiving a lower
    income. Ex. Ben’s salary 10,000pesos and government is asking him to
    pay 15% of his salary for tax which is contrary to our given example in
    number 1.
   A tax is progressive. Meaning that the government takes a lager
    percentage of his salary for tax due to his high salary. Ex. Ben has a
    monthly income of 30,000pesos and the governments deducted 20% of
    his salary for tax. The tax amount is proportionately equal to someone’s
    status in the society. A rich man should pay more than a poor man.
Significance of Taxation

Primary purpose: generates funds or revenues use to defray
   expenses incurred by the government in promoting the general
   welfare of its citizenry.

Other purposes:
    to equitably contribute to the wealth of the nation

    to protect new industries

    to protect local producers
Characteristics of Tax
   It is enforced contribution. Its payment is not voluntary
    nature, and the imposition is not dependent upon the will of the
    person taxed.

   It is generally payable in cash. This means that payment by
    checks, promissory notes, or in kind is not accepted.

   It is proportionate in character. Payment of taxes should be base
    on the ability to pay principle; the higher income of the tax payer
    the bigger amount of the tax paid.

   It is levied (to impose; collect) on person or property. There are
    taxes that are imposed or levied on acts, rights or privileges. Ex.
    Documentary tax.
   It is levied by the state which has jurisdiction over the person or
    property. As a general rule, only persons, properties, acts, right
    or transaction with in the jurisdiction of the taxing state are
    subject for taxation.

   It is levied by the law making body of the state. This means that
    a prior law must be enacted first by the congress before
    assessment and collection may be implemented of the 1987
    constitution.

   It is levied for public purposes. Taxes or imposed to support the
    government for implementation of projects and programs.
Basic Principles of a Sound Tax System

   Fiscal adequacy. Means that the sources of revenue taken as a whole should be
    sufficient to meet the expanding expenditures of the government regardless of
    business, export taxes, trade balances, and problems of economic adjustment.
    Revenues should be capable expanding or contracting annually in response to
    variations of public expenditures.

   Equality or Theoretical Justice. Means the taxes levied must be base upon the
    ability of the citizen to pay.

   Administrative Feasibility. This principle connotes that in a successful tax
    system, such tax should be clear and plain to taxpayers, capable of enforcement by
    an adequate and well-trained staff of public office, convenient as to the time and
    manner payment, and not unduly burdensome upon on discouraging to business
    activity.

   Consistency or Compatibility with Economic Goals. This refer to the tax laws
    that should be consistent with economic goals or programs of the government.
    This are the basic services intended for the masses.
Classification of Taxes
1.   As to subject matter
          Personal, Poll or Capitation Tax (ex. Residence Tax)
          Property Tax. (ex. Real State Tax)
          Excise Tax (ex. RVAT)

2.   As to who bears the burden
          Direct Tax (ex. Income Tax)
          Indirect Tax (ex. Buying of goods and services (RVAT) )


3.   As to determination of account
          Specific Tax (ex. Taxes on wines)
          Ad Valorem Tax (ex. Tax according to value such as Real Estate
           Tax.
4.   As to purpose
          General Tax (ex. Almost All Taxes)
          Special Tax


5.   As to scope
          National Tax (ex. National Revenue Taxes)
          Local Tax
Distinction of Tax
Tax distinguished from Toll
  -   A tax is demand of sovereignty, while toll is demand for
      proprietorship.
  -   A tax is paid for the use of the government’s property, while
      a toll is paid for the use of another’s property.
  -   A tax may be imposed by the government only, while a toll is
      enforced by the government or a private individual or entity.


Tax distinguished from Penalty
  -   A tax is intended to raise revenue, while penalty is designed
      to regulate conduct.
  -   A tax may be imposed by the government only while a
      penalty may be imposed by the government or a private
      individual.
Tax distinguished from Debt
  -   A tax is base on law, while a debt is based on contract.
  -   A tax may not be assignable, while a debt is assignable.
  -   A tax is generally payable in cash, while debt is payable in
      cash or in kind.
  -   A person may be imprisoned for a non-payment of taxes, but
      any person may not be imprisoned for non-payment of debt.


Tax distinguished from other Terms
  -   Revenue. This refers funds or income derived by the
      government whether from tax or any other source in another
      sense.
  -   Internal Revenue. It refers to taxes imposed by the legislature
      other than duties on imports and exports.
  -   Customs Duties. These are taxes imposed on goods exported
      into a country.
Entities Exempted from Taxation


   Religious Institutions
   Charitable Institutions
   Non-Profit, Non-Stock Educational Institutions
   Non-profit Cemeteries
   Government Institutions
   Foreign Diplomats
Situs of Taxation


Situs is a latin term which means “situation”,
“location”, or “place.” In short, its literal meaning
refers to a place taxation. In real property, the rules is
tax is imposed to a place or state where the property is
located and subject to be tax has a jurisdiction over the
said property.
Double Taxation
   Direct Duplicate                      Indirect duplicate
    Elements:                              Indirect duplicate
       Taxing twice                       taxation, on the other
                                           hand, occurs when taxes on
       By the same taxing authority
                                           the property are not imposed
       Within the same taxing
                                           by the same taxing authority.
        jurisdiction
                                           The local and national
       For the same purpose
                                           governments imposed taxes
       In the same taxable period         on the same property during
       Involving the same purpose         one taxable period. This kind
                                           of imposition is legal.
Forms of Escape from Taxation
6 forms of escape from taxation
1.   Shifting. It is one way of passing the burden of tax
     from one person to another. Ex. Taxes paid by the
     manufacturer may be shifted to the consumer by
     adding the amount of the tax paid to price of the
     product.
       Kinds of Shifting
         Forward shifting occurs when the burden of the tax is transferred
          from a factor of the production to the factor of distribution.
         Backward shifting occurs when the burden of tax is transferred
          from the consumer to the producer or manufacturer.
         Onward shifting occurs when tax is shifted to two or more times
          either forward or backward.
2.   Capitalization. This refers to the reduction in the price of the
     tax object to the capitalized value of future taxes which the
     purchaser expects to be called upon to pay. Ex: A reduction
     made by the seller on the price of the real estate, in
     anticipation of the future tax to be shouldered by the future
     buyer.

3.   Transformation occurs when the manufacturer or producer
     upon whom the tax has been imposed pays the tax and
     endeavor to “recoup” (make up for) himself by improving his
     process of production

4.   Tax Evasion is the practice by the taxpayer through illegal or
     fraudulent means to defeat or lessen the amount for tax. This is
     also know as “tax dodging.”
5.   Tax Avoidance is the exploitation by the taxpayer of legally
     permissible methods in order to avoid or reduce tax liability.
     This is also known as “tax minimization.”

6.   Tax Exemption is the grant of immunity or freedom from a
     financial charge or obligation or burden to which others are
     subjected.
       Grounds for tax exemption:
       Contract, wherein the government is the contracting party.
       Public policy
       Reciprocity
THE END


            Prepared by:
          Glaiza E. Mata
Gregar Donaven E. Valdehueza, MBA

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Tax background.......1

  • 1. CONCEPTS OF TAXATION Chapter 16 ECONOMICS: its concepts and principles By: BKG Gabay RM Remotin, Jr. EAM Uy
  • 2. Definition of Terms TAXATION is defined in many ways. Commonly heard definitions include: It is the process by which the sovereign, through its law making body, races revenues use to defray expenses of government. It is a means of government in increasing its revenue under the authority of the law, purposely used to promote welfare and protection of its citizenry. It is the collection of the share of individual and organizational income by a government under the authority of the law.
  • 3. Concept of Taxation Taxation is the inherent power of the state to impose and demand contribution upon persons, properties, or rights for the purpose of generating revenues for public purposes. The power of taxation upon necessity and is inherent in every government or sovereignty.
  • 4. Principles and Theories of Taxation  The Benefit Principle. This principle holds the individuals should be taxed in proportion to the benefits they receive from the governments and that taxes should be paid by those people who receive the direct benefit of the government programs and projects out of the taxes paid.  The Ability-to-Pay Principle. This principle holds that taxes should relate with the people’s income or the ability to pay, that is, people with greater income or wealth and can afford to pay more taxes should be taxed at a higher rate than people with less wealth. Ex. Individual income tax.  The Equal-Distribution Principle. This principle that income, wealth, and transaction should be taxed at a fixed percentage; that is, people who earn more and buy more should pay more taxes, but will not pay a higher rate of taxes.
  • 5. Structures of a Tax System  A tax is proportional. Meaning the government takes an amount of money from a person which is indirect proportion to his income. Ex. Ben salary is 10,000pesos and the government is deducting 10% of his salary for tax. After a year his income increases to 15,000pesos and the governments now deducts 12% of his salary for tax. The said tax is proportional.  A tax is regressive. Meaning that the governments takes a larger percentage of a persons income per tax, while he is receiving a lower income. Ex. Ben’s salary 10,000pesos and government is asking him to pay 15% of his salary for tax which is contrary to our given example in number 1.  A tax is progressive. Meaning that the government takes a lager percentage of his salary for tax due to his high salary. Ex. Ben has a monthly income of 30,000pesos and the governments deducted 20% of his salary for tax. The tax amount is proportionately equal to someone’s status in the society. A rich man should pay more than a poor man.
  • 6. Significance of Taxation Primary purpose: generates funds or revenues use to defray expenses incurred by the government in promoting the general welfare of its citizenry. Other purposes:  to equitably contribute to the wealth of the nation  to protect new industries  to protect local producers
  • 7. Characteristics of Tax  It is enforced contribution. Its payment is not voluntary nature, and the imposition is not dependent upon the will of the person taxed.  It is generally payable in cash. This means that payment by checks, promissory notes, or in kind is not accepted.  It is proportionate in character. Payment of taxes should be base on the ability to pay principle; the higher income of the tax payer the bigger amount of the tax paid.  It is levied (to impose; collect) on person or property. There are taxes that are imposed or levied on acts, rights or privileges. Ex. Documentary tax.
  • 8. It is levied by the state which has jurisdiction over the person or property. As a general rule, only persons, properties, acts, right or transaction with in the jurisdiction of the taxing state are subject for taxation.  It is levied by the law making body of the state. This means that a prior law must be enacted first by the congress before assessment and collection may be implemented of the 1987 constitution.  It is levied for public purposes. Taxes or imposed to support the government for implementation of projects and programs.
  • 9. Basic Principles of a Sound Tax System  Fiscal adequacy. Means that the sources of revenue taken as a whole should be sufficient to meet the expanding expenditures of the government regardless of business, export taxes, trade balances, and problems of economic adjustment. Revenues should be capable expanding or contracting annually in response to variations of public expenditures.  Equality or Theoretical Justice. Means the taxes levied must be base upon the ability of the citizen to pay.  Administrative Feasibility. This principle connotes that in a successful tax system, such tax should be clear and plain to taxpayers, capable of enforcement by an adequate and well-trained staff of public office, convenient as to the time and manner payment, and not unduly burdensome upon on discouraging to business activity.  Consistency or Compatibility with Economic Goals. This refer to the tax laws that should be consistent with economic goals or programs of the government. This are the basic services intended for the masses.
  • 10. Classification of Taxes 1. As to subject matter  Personal, Poll or Capitation Tax (ex. Residence Tax)  Property Tax. (ex. Real State Tax)  Excise Tax (ex. RVAT) 2. As to who bears the burden  Direct Tax (ex. Income Tax)  Indirect Tax (ex. Buying of goods and services (RVAT) ) 3. As to determination of account  Specific Tax (ex. Taxes on wines)  Ad Valorem Tax (ex. Tax according to value such as Real Estate Tax.
  • 11. 4. As to purpose  General Tax (ex. Almost All Taxes)  Special Tax 5. As to scope  National Tax (ex. National Revenue Taxes)  Local Tax
  • 12. Distinction of Tax Tax distinguished from Toll - A tax is demand of sovereignty, while toll is demand for proprietorship. - A tax is paid for the use of the government’s property, while a toll is paid for the use of another’s property. - A tax may be imposed by the government only, while a toll is enforced by the government or a private individual or entity. Tax distinguished from Penalty - A tax is intended to raise revenue, while penalty is designed to regulate conduct. - A tax may be imposed by the government only while a penalty may be imposed by the government or a private individual.
  • 13. Tax distinguished from Debt - A tax is base on law, while a debt is based on contract. - A tax may not be assignable, while a debt is assignable. - A tax is generally payable in cash, while debt is payable in cash or in kind. - A person may be imprisoned for a non-payment of taxes, but any person may not be imprisoned for non-payment of debt. Tax distinguished from other Terms - Revenue. This refers funds or income derived by the government whether from tax or any other source in another sense. - Internal Revenue. It refers to taxes imposed by the legislature other than duties on imports and exports. - Customs Duties. These are taxes imposed on goods exported into a country.
  • 14. Entities Exempted from Taxation  Religious Institutions  Charitable Institutions  Non-Profit, Non-Stock Educational Institutions  Non-profit Cemeteries  Government Institutions  Foreign Diplomats
  • 15. Situs of Taxation Situs is a latin term which means “situation”, “location”, or “place.” In short, its literal meaning refers to a place taxation. In real property, the rules is tax is imposed to a place or state where the property is located and subject to be tax has a jurisdiction over the said property.
  • 16. Double Taxation  Direct Duplicate  Indirect duplicate Elements: Indirect duplicate  Taxing twice taxation, on the other hand, occurs when taxes on  By the same taxing authority the property are not imposed  Within the same taxing by the same taxing authority. jurisdiction The local and national  For the same purpose governments imposed taxes  In the same taxable period on the same property during  Involving the same purpose one taxable period. This kind of imposition is legal.
  • 17. Forms of Escape from Taxation 6 forms of escape from taxation 1. Shifting. It is one way of passing the burden of tax from one person to another. Ex. Taxes paid by the manufacturer may be shifted to the consumer by adding the amount of the tax paid to price of the product. Kinds of Shifting  Forward shifting occurs when the burden of the tax is transferred from a factor of the production to the factor of distribution.  Backward shifting occurs when the burden of tax is transferred from the consumer to the producer or manufacturer.  Onward shifting occurs when tax is shifted to two or more times either forward or backward.
  • 18. 2. Capitalization. This refers to the reduction in the price of the tax object to the capitalized value of future taxes which the purchaser expects to be called upon to pay. Ex: A reduction made by the seller on the price of the real estate, in anticipation of the future tax to be shouldered by the future buyer. 3. Transformation occurs when the manufacturer or producer upon whom the tax has been imposed pays the tax and endeavor to “recoup” (make up for) himself by improving his process of production 4. Tax Evasion is the practice by the taxpayer through illegal or fraudulent means to defeat or lessen the amount for tax. This is also know as “tax dodging.”
  • 19. 5. Tax Avoidance is the exploitation by the taxpayer of legally permissible methods in order to avoid or reduce tax liability. This is also known as “tax minimization.” 6. Tax Exemption is the grant of immunity or freedom from a financial charge or obligation or burden to which others are subjected. Grounds for tax exemption: Contract, wherein the government is the contracting party. Public policy Reciprocity
  • 20. THE END Prepared by: Glaiza E. Mata Gregar Donaven E. Valdehueza, MBA