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It is the inherent
power by which the
sovereign state imposes
financial burden upon
persons and properties as
a means of raising
revenues in order to
defray the necessary
“An inherent power of
the state to demand
enforced contributions
from the people for public
purposes.”
“Referred to as the
act of levying a tax that is
the process or means by
which the
Taxation is therefore
a mode by which the
government makes
exactions for revenue in
order to support their
existence and carry out
their legitimate
objectives. It is the most
History of
The first known system
of taxation was in Ancient
Egypt around 3000BC- 2800BC
in the first dynasty of the
Old Kingdom. In biblical
times, tax is already
prevalent.
Genesis 47:24
“But when the crop
comes in, give a fifth
of it to Pharaoh. The
other four-fifths you
may keep as seed for
the fields and as food
Earliest taxes in Rome
are called as portoria
which were customs duties
on imports and exports.
Augustus Caesar
introduced the inheritance
tax to provide retirement
funds for the military. The
tax was 5% on all
inheritances except gift
Histor
y of
in
the
The pre-colonial
society, being
communitarian, did not have
taxes. During the Spanish
period, new income generating
means were introduced by the
government such as the:
• Manila Acapulco Galleon
Trade
• Polo (Forced Labor)
It is considered as the
main source of income
for the colony during
the early years.The
trade brought silver
from Nueva Castilla and
Polo is the forced
labor for 40 days of men
ranging from 16 to 60
years of age who were
obligated to give
personal services to
community projects. One
It is the one of the
taxes collected from
the Filipinos. It comes
from the Tagalog
word
“Mandala”, which is a
They are large tracts
of land given to a person
as reward for a
meritorious act. The
enconmienderos were
given full authority to
manage the enconmienda
In the 19th century, the
“cedula” served as an
identification card that
had to be carried at all
times. A person who
could not present his or
her cedula to a guardia
civil could be detained
The cedula was imposed
by the Americans on January
1, 1940, when Commonwealth
Act No.465 went into
effect, mandating the
imposition of a base
residence tax of one peso
based on factors such as
income and real estate
Corporations are
also subject to the
residence tax. Also
known as a “residence
certificate”, is a legal
identity document in
Tax law in the Philippines
covers national and local
taxes.
National taxes refer to
national internal revenue
taxes imposed and collected
by the national government
through the Bureau of
The Congress, by
law, authorize the President to
fix within specified limits and
subject to such limitations and
restrictions as it may
impose, tariff rates, import and
export quotes, tonnage and
Purposes
of
Purposes of Tax
1. To raise revenue for the government to
cover its own expenditures on the provision
of social services such as
education, health, public
infrastructures, etc., as well as the salaries
and benefits of public servants.
• Revenue -the taxes raise money to spend on
armies, roads, schools and hospitals, and on
more indirect government functions like
market regulation or legal systems.
Purposes of Tax
2. As instrument of fiscal policy in regulating the
level of total spending in the economy so as to
stabilize the economy.
3. To alter the distribution of income and
wealth.
4. To control the volume of imports (and
sometimes exports of certain goods) into the
country.
1. As to subject matter or object:
• Personal, poll, or capitation
• Property -
• Excise
2. As to who bears the burden:
• Direct
• Indirect
3. As to determination of amount:
• Specific tax
• Ad valorem
4. As to purpose:
• General, Fiscal, or Revenue
• Special or Regulatory
5. As to scope (or authority imposing the
tax):
• National
• Municipal or local
6. As to graduation or rate:
• Proportional
• Progressive or graduated
As to subject matter
or object:a. Personal, poll, or capitation – tax of a fixed amount imposed on
persons within a specified territory, whether citizens or not, without
regard to their property of the occupation or business in which they
may be engaged
• Example: community (formerly residence) tax
b. Property - tax imposed on property, whether real or personal, in
proportion either to its value, or in accordance with some other
reasonable methods of apportionment
• Examples: real estate tax
c. Excise - any tax which does not fall within the classification of a
poll tax or a property tax. Thus, it is said that an excise tax is a
charge imposed upon the performance of an act, the enjoyment of a
privileged, or the engaging in an occupation, profession, or business.
• Example: income tax; value added tax; estate; donor’s tax
As to who bears the
burden:
a. Direct – are taxes levied by the
government on the income and
wealth received by households and
businesses in order to raise
government revenue and as an
instrument of fiscal policy.
• Examples: corporate and individual
income taxes; community tax; estate
tax; donor’s tax
As to determination of amount:
a. Specific tax – imposed by the head or number, or by
sums standard of weight or measurement; it requires no
assessment (valuation) other than a listing or
classification to be taxed.
• Examples: taxes on distilled spirits, wines and
fermented liquors; cigars and cigarettes, and others
b. Ad valorem – tax of a fixed proportion of the value
of the property with respect to which the tax is
assessed; it requires the intervention of assessors or
appraisers to estimate the value of such property
before the amount due from each tax payer can be
determined.
• Examples: real estate tax; excise tax; excise taxes
on automobiles, nonessential goods such as jewelry
As to purp se:
a. General, Fiscal, or Revenue – imposed for the general
purposes of the government, i.e., to raise revenue for
governmental needs.
• Examples: income tax; value added tax; and almost all
taxes
b. Special or Regulatory – imposed for a special
purpose, i.e., to achieve some social or economic ends
irrespective of whether revenue is actually raised or not.
• Example: protective tariffs or customs duties on
imported goods to enable similar products manufactured
locally to compete with such imports in the domestic
market
As to scope (or authority
imposing the tax):
a. National – tax imposed by the national
government.
• Examples: national internal revenue taxes;
customs duties; and national taxes imposed by
special laws
b. Municipal or local – imposed by municipal
corporations or local government units.
• Examples: real estate tax; professional tax
As to graduation
or rate:a. Proportional – taxes that place an equal
burden on the rich, the middle class, and the
poor.
• Examples: real estate taxes; value added
tax; and other percentage taxes
b. Progressive or graduated – taxes that
place a greater burden on those best able to
pay and little and no burden on the poor.
• Examples: income tax; estate tax; and
donor’s tax
Basic Principles of
Taxation (Adam
Smith’s Canons of
Taxation)
Basic Principles of
Taxation
1. Adequacy – taxes should be just enough
to regenerate revenue required for
provision of essential public services
like health, education and national
defense and police protection.
2. Broad basing – taxes should be spread
over as wide as possible to all sectors
of the population or economy so as to
minimize the individual tax burden.
3. Compatibility – taxes should be
coordinated to ensure tax neutrality
and overall objectives of good
4. Convenience – taxes should be enforced
in a manner that facilitates voluntary
compliance to the maximum extent
possible.
5. Earmarking – tax revenue from a specific
source should be dedicated to a specific
purpose only when there is a direct cost-
and-benefit link between the tax source
and the expenditure, such as use of motor
user’s tax for road maintenance.
6. Efficiency – tax collection efforts of
government should not cost an
inordinately high percentage of tax
Basic Principles of
Taxation
7. Equity – taxes should equally burden
all individuals and entities in similar
economic circumstances.
8. Neutrality – taxes should not favor
any one group or sector over another
and should not be designed to interfere
with or influence individual decision
making.
9. Predictability – collection of taxes
should reinforce their inevitability and
regularity.
Basic Principles of
Taxation
11. Restricted exemptions – tax
exemptions must only be for
specific purposes (such as to
encourage investment) and for a
limited period.
12. Simplicity – tax assessment
and determination should be
easy to understand by an average
Basic Principles of
Taxation
1. Ability to pay – states that taxation should be
levied according to an individual’s ability to
pay.
Originated in the 16th century but was
scientifically extended by the Swiss philosopher
Jean Jacques Rouseau, French political
economist Jean Baptiste Say and English
economist John Stuart Mill.
Approaches to Taxation
2. Benefit Approach
– proposes that taxation should be levied
broadly in relation to the benefits that people
receive in public services.
– developed in the 17th century by the English
philosopher Thomas Hobbes and John Locke.
Approaches to Taxation
3. Tax Incident Approach – proposes that the major
duty of a tax system is to analyze the effect of a
particular tax on the distribution of tax welfare.
• Tax Welfare – refers to the ultimate payers of a tax.
• This approach was proposed mainly by the
Physiocrats.
• Physiocrats- believed that the inherent natural
order governing society was based on land and its
natural products as the only true form of wealth.
Approaches to Taxation
Philippine Tax
Rates
• Income Tax Rates –
32%
• Corporate Tax Rates – 30%
• Value Added Tax – 12%
Different Forms of
Escaping Taxation
1.Shifting – is the transfer of the
burden of a tax by the original
payer or the one on whom the
tax was assessed or imposed to
another or someone else.
2. Capitalization – means the
reduction in the price of the taxed
object equal to the capitalized
3. Transformation – is the
method of escape from taxation
whereby the manufacturer or
producer upon whom the tax has
been imposed, fearing the loss of
his market if he should add the
tax to the price, pays the tax and
endeavors to recoup himself by
Different Forms of
Escaping Taxation
4. Evasion – is the use by the
taxpayer of illegal or fraudulent
means to defeat or lessen the
payment of a tax.
5. Avoidance – is the use by the
taxpayer of legally permissible
alternative tax rates or methods
of assessing taxable property or
Different Forms of
Escaping Taxation
of
nternal
evenue
ureau
Bureau of Internal
Revenue
The Bureau of Internal
Revenue (Kawanihan ng Rentas
Internas, or BIR) is an attached
agency of Department of Finance.
BIR collects more than one-half of
the total revenues of the
government.
The powers and duties of the Bureau
of Internal Revenue are:
• Assessment and collection of all internal revenue
taxes, fees and charges; and
• enforcement of all forfeitures, penalties, and fines
connected therewith, including the execution of
judgments in all cases decided in its favor by
the Court of Tax Appeals and the ordinary courts;
• It shall also give effect to the administer
supervisory and police powers conferred to it by the
National Internal Revenue Code and special laws.
Highest Tax
Payers in the
Philippines
( ecent)
• Kris Aquino (celebrity) - P49,871,657.37
• Gregory Reichow (Sunpower Philippines) - 38,196,685.00
• Lauro Baja Jr. - P34,257,368.88
• Manuel V. Pangilinan (PLDT, Metro Pacific) - P25,992,131.86
• Aurelio Montinola III (BPI) - P24,472,645.10
• Gerardo Ablaza (Manila Water)- P22,645,262.00
• Philippe Lhuillier (Cebuana Lhuillier) - 21,645,000.00
• Victor Angeles - P21,202,815.34
• Roberto Panlilio P19,613,943.97
• Felipe Gozon (GMA Network) - P19,587,983.60
• Vincent Nguyen - P18,593,063.34
• Jean Henri Lhuillier - P18,439,656.00
• Jospeh Mitchell Gault - P17,987,312.29
• Estelito Mendoza - (lawyer) P 17,637,964.00
• Henry Sy, Sr. - (SM group) P16,582,952.00
• Orland Vea - (Smart Communications)- P16,248,921.88
• Agnieszka Romanczuk P16,062,048.76
• Anthonie Jansen P14,851,304.45
• Marvic "Vic" Sotto (TV host, actor) - P14,728,940.14
• Ray Espinosa (Mediaquest) - P14,483,402.44
REFERENCES:
http://en.wikipedia.org/wiki/Bureau_of_Internal_Revenue_(Philippine
s)
THE FUNDAMENTALS OF TAXATION 2000 EDITION, Hector S. De
Leon

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Principlesoftaxation.final

  • 1.
  • 2. It is the inherent power by which the sovereign state imposes financial burden upon persons and properties as a means of raising revenues in order to defray the necessary
  • 3. “An inherent power of the state to demand enforced contributions from the people for public purposes.” “Referred to as the act of levying a tax that is the process or means by which the
  • 4. Taxation is therefore a mode by which the government makes exactions for revenue in order to support their existence and carry out their legitimate objectives. It is the most
  • 6. The first known system of taxation was in Ancient Egypt around 3000BC- 2800BC in the first dynasty of the Old Kingdom. In biblical times, tax is already prevalent. Genesis 47:24 “But when the crop comes in, give a fifth of it to Pharaoh. The other four-fifths you may keep as seed for the fields and as food
  • 7. Earliest taxes in Rome are called as portoria which were customs duties on imports and exports. Augustus Caesar introduced the inheritance tax to provide retirement funds for the military. The tax was 5% on all inheritances except gift
  • 9. The pre-colonial society, being communitarian, did not have taxes. During the Spanish period, new income generating means were introduced by the government such as the: • Manila Acapulco Galleon Trade • Polo (Forced Labor)
  • 10. It is considered as the main source of income for the colony during the early years.The trade brought silver from Nueva Castilla and
  • 11. Polo is the forced labor for 40 days of men ranging from 16 to 60 years of age who were obligated to give personal services to community projects. One
  • 12. It is the one of the taxes collected from the Filipinos. It comes from the Tagalog word “Mandala”, which is a
  • 13. They are large tracts of land given to a person as reward for a meritorious act. The enconmienderos were given full authority to manage the enconmienda
  • 14. In the 19th century, the “cedula” served as an identification card that had to be carried at all times. A person who could not present his or her cedula to a guardia civil could be detained
  • 15. The cedula was imposed by the Americans on January 1, 1940, when Commonwealth Act No.465 went into effect, mandating the imposition of a base residence tax of one peso based on factors such as income and real estate
  • 16. Corporations are also subject to the residence tax. Also known as a “residence certificate”, is a legal identity document in
  • 17.
  • 18.
  • 19.
  • 20. Tax law in the Philippines covers national and local taxes. National taxes refer to national internal revenue taxes imposed and collected by the national government through the Bureau of
  • 21. The Congress, by law, authorize the President to fix within specified limits and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotes, tonnage and
  • 23. Purposes of Tax 1. To raise revenue for the government to cover its own expenditures on the provision of social services such as education, health, public infrastructures, etc., as well as the salaries and benefits of public servants. • Revenue -the taxes raise money to spend on armies, roads, schools and hospitals, and on more indirect government functions like market regulation or legal systems.
  • 24. Purposes of Tax 2. As instrument of fiscal policy in regulating the level of total spending in the economy so as to stabilize the economy. 3. To alter the distribution of income and wealth. 4. To control the volume of imports (and sometimes exports of certain goods) into the country.
  • 25.
  • 26. 1. As to subject matter or object: • Personal, poll, or capitation • Property - • Excise 2. As to who bears the burden: • Direct • Indirect 3. As to determination of amount: • Specific tax • Ad valorem
  • 27. 4. As to purpose: • General, Fiscal, or Revenue • Special or Regulatory 5. As to scope (or authority imposing the tax): • National • Municipal or local 6. As to graduation or rate: • Proportional • Progressive or graduated
  • 28. As to subject matter or object:a. Personal, poll, or capitation – tax of a fixed amount imposed on persons within a specified territory, whether citizens or not, without regard to their property of the occupation or business in which they may be engaged • Example: community (formerly residence) tax b. Property - tax imposed on property, whether real or personal, in proportion either to its value, or in accordance with some other reasonable methods of apportionment • Examples: real estate tax c. Excise - any tax which does not fall within the classification of a poll tax or a property tax. Thus, it is said that an excise tax is a charge imposed upon the performance of an act, the enjoyment of a privileged, or the engaging in an occupation, profession, or business. • Example: income tax; value added tax; estate; donor’s tax
  • 29. As to who bears the burden: a. Direct – are taxes levied by the government on the income and wealth received by households and businesses in order to raise government revenue and as an instrument of fiscal policy. • Examples: corporate and individual income taxes; community tax; estate tax; donor’s tax
  • 30. As to determination of amount: a. Specific tax – imposed by the head or number, or by sums standard of weight or measurement; it requires no assessment (valuation) other than a listing or classification to be taxed. • Examples: taxes on distilled spirits, wines and fermented liquors; cigars and cigarettes, and others b. Ad valorem – tax of a fixed proportion of the value of the property with respect to which the tax is assessed; it requires the intervention of assessors or appraisers to estimate the value of such property before the amount due from each tax payer can be determined. • Examples: real estate tax; excise tax; excise taxes on automobiles, nonessential goods such as jewelry
  • 31. As to purp se: a. General, Fiscal, or Revenue – imposed for the general purposes of the government, i.e., to raise revenue for governmental needs. • Examples: income tax; value added tax; and almost all taxes b. Special or Regulatory – imposed for a special purpose, i.e., to achieve some social or economic ends irrespective of whether revenue is actually raised or not. • Example: protective tariffs or customs duties on imported goods to enable similar products manufactured locally to compete with such imports in the domestic market
  • 32. As to scope (or authority imposing the tax): a. National – tax imposed by the national government. • Examples: national internal revenue taxes; customs duties; and national taxes imposed by special laws b. Municipal or local – imposed by municipal corporations or local government units. • Examples: real estate tax; professional tax
  • 33. As to graduation or rate:a. Proportional – taxes that place an equal burden on the rich, the middle class, and the poor. • Examples: real estate taxes; value added tax; and other percentage taxes b. Progressive or graduated – taxes that place a greater burden on those best able to pay and little and no burden on the poor. • Examples: income tax; estate tax; and donor’s tax
  • 34. Basic Principles of Taxation (Adam Smith’s Canons of Taxation)
  • 35. Basic Principles of Taxation 1. Adequacy – taxes should be just enough to regenerate revenue required for provision of essential public services like health, education and national defense and police protection. 2. Broad basing – taxes should be spread over as wide as possible to all sectors of the population or economy so as to minimize the individual tax burden. 3. Compatibility – taxes should be coordinated to ensure tax neutrality and overall objectives of good
  • 36. 4. Convenience – taxes should be enforced in a manner that facilitates voluntary compliance to the maximum extent possible. 5. Earmarking – tax revenue from a specific source should be dedicated to a specific purpose only when there is a direct cost- and-benefit link between the tax source and the expenditure, such as use of motor user’s tax for road maintenance. 6. Efficiency – tax collection efforts of government should not cost an inordinately high percentage of tax Basic Principles of Taxation
  • 37. 7. Equity – taxes should equally burden all individuals and entities in similar economic circumstances. 8. Neutrality – taxes should not favor any one group or sector over another and should not be designed to interfere with or influence individual decision making. 9. Predictability – collection of taxes should reinforce their inevitability and regularity. Basic Principles of Taxation
  • 38. 11. Restricted exemptions – tax exemptions must only be for specific purposes (such as to encourage investment) and for a limited period. 12. Simplicity – tax assessment and determination should be easy to understand by an average Basic Principles of Taxation
  • 39.
  • 40. 1. Ability to pay – states that taxation should be levied according to an individual’s ability to pay. Originated in the 16th century but was scientifically extended by the Swiss philosopher Jean Jacques Rouseau, French political economist Jean Baptiste Say and English economist John Stuart Mill. Approaches to Taxation
  • 41. 2. Benefit Approach – proposes that taxation should be levied broadly in relation to the benefits that people receive in public services. – developed in the 17th century by the English philosopher Thomas Hobbes and John Locke. Approaches to Taxation
  • 42. 3. Tax Incident Approach – proposes that the major duty of a tax system is to analyze the effect of a particular tax on the distribution of tax welfare. • Tax Welfare – refers to the ultimate payers of a tax. • This approach was proposed mainly by the Physiocrats. • Physiocrats- believed that the inherent natural order governing society was based on land and its natural products as the only true form of wealth. Approaches to Taxation
  • 43.
  • 44. Philippine Tax Rates • Income Tax Rates – 32% • Corporate Tax Rates – 30% • Value Added Tax – 12%
  • 45.
  • 46. Different Forms of Escaping Taxation 1.Shifting – is the transfer of the burden of a tax by the original payer or the one on whom the tax was assessed or imposed to another or someone else. 2. Capitalization – means the reduction in the price of the taxed object equal to the capitalized
  • 47. 3. Transformation – is the method of escape from taxation whereby the manufacturer or producer upon whom the tax has been imposed, fearing the loss of his market if he should add the tax to the price, pays the tax and endeavors to recoup himself by Different Forms of Escaping Taxation
  • 48. 4. Evasion – is the use by the taxpayer of illegal or fraudulent means to defeat or lessen the payment of a tax. 5. Avoidance – is the use by the taxpayer of legally permissible alternative tax rates or methods of assessing taxable property or Different Forms of Escaping Taxation
  • 50. Bureau of Internal Revenue The Bureau of Internal Revenue (Kawanihan ng Rentas Internas, or BIR) is an attached agency of Department of Finance. BIR collects more than one-half of the total revenues of the government.
  • 51. The powers and duties of the Bureau of Internal Revenue are: • Assessment and collection of all internal revenue taxes, fees and charges; and • enforcement of all forfeitures, penalties, and fines connected therewith, including the execution of judgments in all cases decided in its favor by the Court of Tax Appeals and the ordinary courts; • It shall also give effect to the administer supervisory and police powers conferred to it by the National Internal Revenue Code and special laws.
  • 52. Highest Tax Payers in the Philippines
  • 53. ( ecent) • Kris Aquino (celebrity) - P49,871,657.37 • Gregory Reichow (Sunpower Philippines) - 38,196,685.00 • Lauro Baja Jr. - P34,257,368.88 • Manuel V. Pangilinan (PLDT, Metro Pacific) - P25,992,131.86 • Aurelio Montinola III (BPI) - P24,472,645.10 • Gerardo Ablaza (Manila Water)- P22,645,262.00 • Philippe Lhuillier (Cebuana Lhuillier) - 21,645,000.00 • Victor Angeles - P21,202,815.34 • Roberto Panlilio P19,613,943.97 • Felipe Gozon (GMA Network) - P19,587,983.60 • Vincent Nguyen - P18,593,063.34 • Jean Henri Lhuillier - P18,439,656.00 • Jospeh Mitchell Gault - P17,987,312.29 • Estelito Mendoza - (lawyer) P 17,637,964.00 • Henry Sy, Sr. - (SM group) P16,582,952.00 • Orland Vea - (Smart Communications)- P16,248,921.88 • Agnieszka Romanczuk P16,062,048.76 • Anthonie Jansen P14,851,304.45 • Marvic "Vic" Sotto (TV host, actor) - P14,728,940.14 • Ray Espinosa (Mediaquest) - P14,483,402.44