Nature of Taxes – Coursework – Jade Razel Dalde
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Nature of Taxes
NATURE OF TAXES1. OBLIGATIONS CREATED BY LAW-forced burdens, charges, impositions-provide public revenues for government – civil liability to pay taxes, unable to pay is criminal liability(in ccriminal cases, criminal liab gives rise to civil liab)2. PERSONAL TO THE TAXPAYER-payment is borne by the person with tax liability CHARACTERISTICS OF TAX Enforced contributionLegislative-congress makes tax lawsProportionate- ability to payPayable in the form of money- property, sold to public auctionRaising revenue- primary source of govt fundsPubic purpose- public benefits from taxEnforced on some persons, properties, rightsPaid at regular intervals-fixed date for payment to comply with administrative feasibilityImposed within jurisdiction- territorial, intl comityCLASSIFICATION OF TAXESPurposeRevenue/fiscalRegulatory, special, sumptuary- to achieve goals not related to raising revenueCompensatory- equitable distribution of wealth and income in the societyObject/subject matterPersonal, poll, capitation- fro residing, fixed amount Property- for personal and real property Excise- upon performance of a right or act, enjoyment of privilege or engagement in occupation (not for manufactured goods)Amount DeterminationAd valorem- fixed amounts in proportion to the value of properties. Requires assessors to determine amountSpecific- fixed amounts based on standard of measurement. Requires independent assessmentWho bears the burdenDirect- non transferable. Burden and liab on the same personIndirect- transferable. Liab on one person burden on anotherScope or Authority collecting the TaxNationalLocal/municipalRate/ GraduationProportional/flat rate- fixed percentageProgressive/graduated rate- inc tax rate as bracket increasesRegressive- rate dec as bracket inc. not applied in phil. (Regressive tax system more indirect than direct taxes)Digressive rate- fixed rate on certain amount and lowers on amt below it.Mixed – with different tax ratesCHARGES AND FEESPenalty- punishment for violation of law. Arises from law or contracts . Regulates conduct. Govt or private person may impose it.Revenue- all funds or income of governmentDebt- obligation to pay or render service for a definite future period of time based on contract. Can be assigned. Cannot be imprisoned with non payment Toll- compensation for the use of a property. Determined by cost of improvement. DEMAND OF PROPRIETORSHIP. Pay your use.License Fee- to restrain and regulate business or occupation. Required for commencement of business. Illegal if unpaid. Subject to revocation. Does not include the power to tax. Non payment of tax is not illegal only ground for criminal prosecutionSpecial assessment- collected by govt for reimbursing itself for certain extended benefits regarding construction of public works. Levied on land. Not personal liabCustoms duties- tax on imported goods to protect local onesSubsidy- monetary aid given by the govt to an individual or private enterprise beneficial to the publicTariff- schedule or list of rates imposed on local goodsMargin fee- tax on foreign exchange TAX LAWBody of laws that codifies all national tax laws RA8424 The comprehensive tax reform of the Phil —National Internal Revenue Code 1997/TAx code (special laws)RA 9337-VAT reform LawInternal revenue Law- all laws legislated pertaining to national govt taxes. Referred to as REVENUE MEASURESInternal revenue taxes-taxes imposed by legislative except custom duties NATURE OF TAX LAWS -civil in nature, neither political nor penal, not remedial laws NIRC > Civil Code-SUPREME COURT to interpret tax laws RULES TO INTERPRET AND APPLYTax statute must be enforced as written-ambiguity>use rules of statutory construction to know legislative intent. Clear> impose as written-Pari Materia interpret with reference to other tax legislations and their effect as a whole may be given consideration2. Imposition of tax burdens is not presumed
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By: Jade Razel Dalde
Submitted: September 28, 2017
Essay Length: 1,593 Words / 7 Pages
Paper type: Coursework Views: 355
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