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TRANSFER AND BUSINESS TAXATION SYLLABUS
Taxation – is the process or means by which the sovereign through its lawmaking body, raises income to defray the necessary expenses of the government. The method of apportioning the cost of the government among those who in some measure are privilege to enjoy its benefits and must, therefore, bear its burden. Taxes – are enforced proportional contributions levied by the law-making body of the State by virtue of its sovereignty upon the persons or property within its jurisdiction for the support of the government and all public needs. Characteristics of Taxes : ( EPALLLL) 1. Enforced contribution, it does not rely on the assent or will of the person taxed; 2. Payable in the form of money, though the law may provide payment in kind ; 3. Laid by some rule of Apportionment – usually based on ability to pay ; 4. Levied on persons and property and also on acts, transactions, rights and privileges ; 5. Levied by the State which has jurisdiction over the person and property . It is necessary that the State must have jurisdiction and control over the objects to be taxed in order that the tax can be enforced or collected ; 6. Levied by the law-making body of the State; Take note that the LGU can exercise taxing powers (See Sec 5, Art X Constitution). 7. Levied for public purpose Theory and Basis of Taxation : 1. The existence of the government is a necessity ; that it cannot continue without the means to pay its expenses ; and that for those means it has the right to compel all citizens and property within its limits to contribute ; 2. Reciprocal duties of protection and support between the State and its inhabitants. Nature of Taxation ( ILC) 1. Inherent - even if not mentioned on the Constitution, the State can still exercise such power being inherent to the existence of every government. 2. Legislative – even no constitutional provision, the power falls to the legislature 3. Subject to Constitutional and Inherent Limitations – a. Constitutional i. Equal Protection of the law ; ii. Due process of Law
iii. Rule of uniformity iv. Equity in taxation b. Inherent Limitations ( TIEPP) i. Territoriality – requires that the person or property taxed must be subject to the jurisdiction of the taxing state ; ii. International Comity –the property of foreign state may not be taxed by another ; iii. Exemption of governmental agencies – performing gov’t functions, though there is no prohibition against gov’t taxing itself iv. Prohibition against the delegation of the legislative power ; v. Levy must be for public purpose
