Podcast
Questions and Answers
Which of the following is NOT considered as an inherent limitation on the power of taxation?
Which of the following is NOT considered as an inherent limitation on the power of taxation?
- International comity
- Exemption (correct)
- Purpose
- Territoriality
Which of the following is NOT a constitutional limitation on the power of taxation?
Which of the following is NOT a constitutional limitation on the power of taxation?
- Non-appropriation of public funds for the benefits of religious system
- Uniformity in taxation
- Non-impairment of the obligation of contracts
- Non-delegation (correct)
Which of the following is required for the passage of a law granting tax exemption?
Which of the following is required for the passage of a law granting tax exemption?
- Concurrence of a majority of ALL members of the congress (correct)
- Approval of the President
- Approval of the Department of Finance
- Approval of the Supreme Court
The power to tax may be delegated to local government units.
The power to tax may be delegated to local government units.
Foreign properties located within a state's jurisdiction are subject to taxation.
Foreign properties located within a state's jurisdiction are subject to taxation.
Laws granting tax exemptions require the concurrence of a majority of all members of the Senate.
Laws granting tax exemptions require the concurrence of a majority of all members of the Senate.
What is the inherent limitation of taxation regarding international comity?
What is the inherent limitation of taxation regarding international comity?
What is the constitutional limitation that requires tax laws to originate from the House of Representatives?
What is the constitutional limitation that requires tax laws to originate from the House of Representatives?
What is the inherent limitation of taxation regarding the power to tax?
What is the inherent limitation of taxation regarding the power to tax?
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Study Notes
Taxation Limitations Overview
- Inherent limitations on taxation ensure that the government’s power is balanced and not abused.
- Constitutional limitations provide legal boundaries within which taxation must operate to respect citizens' rights and maintain governmental structure.
Non-Inherent Limitations
- Some limitations on taxation are imposed by law or policy rather than being intrinsic to the concept of taxation itself.
- Not all limitations related to the power to tax are inherent; some are explicitly stated in constitutions or statutes.
Constitutional Limitations
- Tax laws must originate in the House of Representatives, ensuring that representatives directly accountable to the electorate initiate fiscal measures.
- A requirement for tax exemptions includes approval from a majority of all members of the Senate, reflecting the need for broader legislative agreement.
Delegation of Tax Power
- The power to tax can be delegated to local government units, allowing for localized fiscal management and adaptability to community needs.
Taxation of Foreign Properties
- Foreign properties located within a state’s jurisdiction are subject to taxation, emphasizing the state's authority over properties within its geographical boundaries.
Inherent Limitations Related to Taxation
- International comity limits taxation by countries on foreign entities, respecting the jurisdictional boundaries and minimizing conflicts between nations.
- The inherent limitation of taxation indicates that tax powers cannot be used arbitrarily or inconsistently with fundamental principles of justice and equity.
Conclusion
- Understanding the various limitations of taxation, both inherent and constitutional, is crucial for grasping the complexities of fiscal law and governance.
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