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Questions and Answers
What is the maximum percentage by which tax rates can be adjusted every 5 years?
What is the maximum percentage by which tax rates can be adjusted every 5 years?
Local governments can share their tax revenues with the national government.
Local governments can share their tax revenues with the national government.
False
What must tax ordinances conform to?
What must tax ordinances conform to?
provisions of LGC
Each LGU may levy taxes that are not __________ under the National Internal Revenue Code.
Each LGU may levy taxes that are not __________ under the National Internal Revenue Code.
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Match the following principles of taxation with their descriptions:
Match the following principles of taxation with their descriptions:
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What is the minimum tax rate that must start for retailers during an adjustment?
What is the minimum tax rate that must start for retailers during an adjustment?
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All monies officially received by local government units are not required to be accounted for local funds.
All monies officially received by local government units are not required to be accounted for local funds.
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Who assists in the preparation of the drafting of local revenue measures?
Who assists in the preparation of the drafting of local revenue measures?
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What is the time frame in which the Sanggunian Barangay must furnish copies of an approved ordinance to the Sanggunian Panlungsod?
What is the time frame in which the Sanggunian Barangay must furnish copies of an approved ordinance to the Sanggunian Panlungsod?
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The ordinance will become effective immediately upon submission to the Sanggunian Panlungsod.
The ordinance will become effective immediately upon submission to the Sanggunian Panlungsod.
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What happens if the Sanggunian Panlungsod takes no action on the ordinance within 30 days?
What happens if the Sanggunian Panlungsod takes no action on the ordinance within 30 days?
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The tax period for local taxes shall be the _____ year.
The tax period for local taxes shall be the _____ year.
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Match the following tax-related terms with their descriptions:
Match the following tax-related terms with their descriptions:
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What is the minimum duration for publication of a tax ordinance in a newspaper of local circulation?
What is the minimum duration for publication of a tax ordinance in a newspaper of local circulation?
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The Local Chief Executive (LCE) can veto an ordinance multiple times.
The Local Chief Executive (LCE) can veto an ordinance multiple times.
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What must be done if newspapers are not available for the publication of a revenue ordinance?
What must be done if newspapers are not available for the publication of a revenue ordinance?
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The ordinance will take effect upon compliance with ______ requirements.
The ordinance will take effect upon compliance with ______ requirements.
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Match the following steps with their correct description:
Match the following steps with their correct description:
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What is the time frame for the Sanggunian to approve or disapprove a resolution after receiving an ordinance?
What is the time frame for the Sanggunian to approve or disapprove a resolution after receiving an ordinance?
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A public hearing can be conducted no earlier than 5 days after the written notice is sent.
A public hearing can be conducted no earlier than 5 days after the written notice is sent.
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What must the Local Treasurer secure after the approval of a revenue ordinance?
What must the Local Treasurer secure after the approval of a revenue ordinance?
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Study Notes
LGUs Taxing Powers
- LGUs have the power to create their own revenue sources, levying taxes as authorized by law.
- Local revenue generation is exclusively for LGUs.
- All funds received are accounted for locally.
Fundamental Principles of Taxation
- Taxation is uniform within each LGU.
- Taxation must be equitable and practical.
- Taxes are levied for public purposes only.
- Taxes cannot be unjust, excessive, or confiscatory.
- Not in contrast to national policies or trade regulations.
- Local taxes are not shared with the national government.
- Must progress towards a progressive taxation system.
LGUs Power to Levy Taxes (TFC)
- LGUs can levy taxes not already covered under the NIRC.
- Cities/municipalities can impose TFC on businesses, excluding those reserved for provinces.
Adjusting Tax Rates
- Tax rates can be adjusted every 5 years, with a maximum increase of 10%.
- For retailers, the minimum tax rate adjustment starts at 1%.
Valid Tax Ordinances and Revenue Measures
- Sanggunian (local legislative body) has the authority to impose Taxes.
- Tax ordinances must comply with LGC provisions.
Procedures for Adopting Local Revenue Measures
- Drafting Stage: Local Treasurers collect historical collection data, and neighboring LGU data, for accurate estimations of increases in revenue. They create the final draft of the ordinance that will be reviewed by the Local Chief Executive (LCE).
- Deliberation and Refinement Stage: The Sanggunian (local legislative body) reviews the proposed ordinance. Public hearings are held where the Local Treasurer justifies the proposed ordinance.
- Publication Stage: The proposed ordinance is published in local newspapers for 3 consecutive days and posted in conspicuous public places; if a newspaper isn't available.
- Implementation Stage: After approval, the Local Treasurer is responsible for disseminating the approved ordinance.
Procedural Requirements for a Tax Ordinance
- Written notice to affected parties, at least 10 days before the public hearing.
- Public hearing is mandatory and continues until deliberations are complete.
- Minutes of the hearing are recorded.
- The LCE has the power to veto an ordinance and this veto must be communicated to the Sanggunian (Governing Body) within 15 days (province) / 10 days (city or municipality).
- The LCE can only veto once.
- The Sanggunian can override the LCE veto with a 2/3 majority vote.
- Tax ordinance publication and compliance with requirements occur within 10 days of approval.
- The ordinances related to component municipalities and cities are reviewed by the appropriate bodies (e.g., Sanggunian Panlalawigan for provinces; Sanggunian Panlungsod for cities).
- Approved ordinances are forwarded to relevant bodies within 3 days.
Taxing Powers of Provinces, Cities, and Municipalities
- Each level of government (province, city, municipality) has specific tax authority but certain limitations and restrictions apply. Specific types of taxes are allowed at these administrative levels, while other taxes are prohibited.
Collection of Taxes (Section 47)
- Tax payment is due within 20 days of January (or extended for justifiable reasons for up to 6 months).
- A 25% surcharge and 2% monthly interest apply if payment is not made on time; maximum time is 36 months to be fully in compliance.
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Description
This quiz explores the taxation powers of Local Government Units (LGUs) and the fundamental principles governing taxation practices. It covers local revenue generation, tax equity, and the ability of LGUs to levy taxes under specific laws. Test your knowledge of how local taxes impact communities and compliance with national regulations.