Taxation Principles Quiz
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Questions and Answers

What does the 'Lifeblood Theory' of taxation compare tax to?

  • Water in a desert
  • Electricity for a home
  • Blood in the body (correct)
  • Fuel for a vehicle
  • Which principle underscores the reciprocal duties between the state and its citizens?

  • Taxation Principle
  • Equity Principle
  • Benefits-Received Principle (correct)
  • Sovereignty Principle
  • What is considered an aspect of fiscal adequacy in taxation?

  • Sufficient revenue for public expenditures (correct)
  • Protection of taxpayer's rights
  • Simple tax laws for administration
  • Equal distribution of tax burdens
  • Which of the following is NOT a constitutional limitation on the power of taxation?

    <p>Time limits on accruing revenue (B)</p> Signup and view all the answers

    What must tax laws be capable of, according to administrative feasibility?

    <p>Convenient and just administration (B)</p> Signup and view all the answers

    Which of the following entities is exempt from property tax?

    <p>Non-profit educational institutions (B)</p> Signup and view all the answers

    Which statement is true regarding the payment stage of taxation?

    <p>It involves taxpayer's compliance and remedies. (A)</p> Signup and view all the answers

    What principle states that the tax burden should align with a taxpayer's ability to pay?

    <p>Equity/Theoretical Justice (D)</p> Signup and view all the answers

    What is the estate tax rate applied to a net estate exceeding $2,000,000 but not exceeding $5,000,000?

    <p>11% (C)</p> Signup and view all the answers

    What is considered part of the gross estate of a decedent?

    <p>Real properties owned by the decedent at death (B)</p> Signup and view all the answers

    Which deduction is calculated before determining the taxable net estate?

    <p>Half of the net share of the surviving spouse in conjugal property (A)</p> Signup and view all the answers

    Which of the following is NOT part of the criteria for calculating estate tax rates?

    <p>Net share of surviving spouse (B)</p> Signup and view all the answers

    If a decedent has a gross estate valued at $10,000,000, what is the estate tax payable?

    <p>$1,215,000 (D)</p> Signup and view all the answers

    What is the standard deduction amount mentioned?

    <p>$1,000,000 (B)</p> Signup and view all the answers

    What is polo y servicio?

    <p>Forced labor for 40 days by men aged 16 to 60 (C)</p> Signup and view all the answers

    Which type of donation is subject to estate tax?

    <p>Mortis Causa (D)</p> Signup and view all the answers

    What was the purpose of the tribute collected during the Spanish era?

    <p>To serve as a residence tax for inhabitants (C)</p> Signup and view all the answers

    What requirement is not necessary for the donee in a donation?

    <p>Legal capacity (A)</p> Signup and view all the answers

    Which of the following donations is exempt from donor’s tax?

    <p>Donations inter vivos of P50,000 or less (A)</p> Signup and view all the answers

    What did the cédula replace in 1884?

    <p>Tribute (D)</p> Signup and view all the answers

    How much was the base residence tax imposed by Commonwealth Act No. 465 in 1940?

    <p>Fifty centavos (A)</p> Signup and view all the answers

    What is a defining characteristic of an inter vivos donation?

    <p>The transfer is void if the donor dies before execution. (B)</p> Signup and view all the answers

    What does the payment of the community tax result in?

    <p>The issuance of a residence certificate (D)</p> Signup and view all the answers

    What does ELIT stand for in the context of allowable deductions?

    <p>Estate Liability Income Tax (B)</p> Signup and view all the answers

    Which of the following statements about donations is true?

    <p>Donations can be both revocable and irrevocable. (C)</p> Signup and view all the answers

    Who were the encomenderos?

    <p>Landowners given authority to collect tribute (B)</p> Signup and view all the answers

    What was one consequence of not carrying a cedula during the 19th century?

    <p>Detention by guardia civil for being 'indocumentado' (B)</p> Signup and view all the answers

    Which formula calculates the allowable deduction for non-resident alien decedents?

    <p>World ELIT x (PGE/TGE) (A)</p> Signup and view all the answers

    Which of the following describes the cédula?

    <p>A legal identification document as a primary form of identification (D)</p> Signup and view all the answers

    What type of transfers are allowed as deductions from the estate?

    <p>Transfers for public use to the Philippine Government (B)</p> Signup and view all the answers

    What is required for a deduction to be applicable under the vanishing deduction provisions?

    <p>The decedent must have died within 5 years of the transfer (D)</p> Signup and view all the answers

    Which is true regarding the computation of vanishing deduction?

    <p>The initial basis is the lower value between the previous and present transfers, adjusted for debts only. (A)</p> Signup and view all the answers

    How does the percentage of vanishing deduction vary over time?

    <p>It decreases the longer the period after the transfer. (B)</p> Signup and view all the answers

    If a property had an initial value of $350,000 and appreciated to $475,000, what is the value used for deduction purposes?

    <p>$350,000 (B)</p> Signup and view all the answers

    Which statement is true regarding bequests to the Philippine Government?

    <p>They must go through testamentary succession to be deductible. (D)</p> Signup and view all the answers

    What happens if a husband makes a donation without the wife's consent?

    <p>The donation is deemed made exclusively by the husband. (B)</p> Signup and view all the answers

    What must be true for a property to be eligible for vanishing deduction?

    <p>No similar deduction was previously claimed by a prior decedent. (A)</p> Signup and view all the answers

    What does Republic Act No. 5447 primarily address?

    <p>Registration and tax imposition on drug-related activities (C)</p> Signup and view all the answers

    Which law is known for imposing a Travel Tax on individuals leaving the Philippines?

    <p>Presidential Decree 1183 (A)</p> Signup and view all the answers

    What is the primary purpose of Batas Pambansa Blg. 36?

    <p>To impose an energy tax on electric power consumption (C)</p> Signup and view all the answers

    What is the main focus of Republic Act No. 2211?

    <p>Creation of a Joint Legislative-Executive Tax Commission (A)</p> Signup and view all the answers

    According to the Local Government Code, what type of taxes are local government units authorized to impose?

    <p>Property taxes and civic service fees (D)</p> Signup and view all the answers

    Which Republic Act is primarily concerned with tax evasion and potential deportation of aliens?

    <p>Republic Act No. 1093 (C)</p> Signup and view all the answers

    What does the Local Government Code of 1991 allow local governments to assess for taxation?

    <p>Real property based on its true value (D)</p> Signup and view all the answers

    What does the Travel Tax apply to?

    <p>Anyone departing from the Philippines regardless of citizenship (A)</p> Signup and view all the answers

    Flashcards

    Polo y Servicio

    Forced labor for 40 days for men aged 16-60, providing services to the community.

    Falla

    A fee paid to avoid the Polo y Servicio.

    Bandala

    A tax collected from Filipinos, using the Tagalog word "mandala" (threshing floor).

    Encomienda

    Large tracts of land given to individuals as reward, with authority to manage and collect tribute.

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    Tribute

    A residence tax during Spanish times, paid in cash or kind.

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    Cedula Personal

    A personal identity paper, replacing the tribute tax in 1884, and a form of identification.

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    Community Tax

    Residence tax imposed in 1940 by the Americans, with base and additional amounts.

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    Cedula (Residence Certificate)

    Legal Philippine identification document (as early as 1920s), issued after paying the community tax.

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    Lifeblood Theory

    The idea that taxes are essential to the government's functioning, just like blood is vital to the human body.

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    Benefits-Received Principle

    This principle states that individuals should pay taxes in proportion to the benefits they receive from the government.

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    What are the main functions of the government?

    The government's roles include: defense, law enforcement, infrastructure, public works, social programs, and running its own operations.

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    Inherent in Sovereignty

    The power to tax is an inherent right of a sovereign state, meaning it doesn't need to be granted by anyone else.

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    Taxation is Legislative

    Only the legislative branch of government has the authority to create and enact tax laws.

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    Constitutional Limitations

    The power to tax is limited by the constitution, protecting individual rights and ensuring fairness in taxation.

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    Fiscal Adequacy

    A principle of sound taxation that states the government should collect enough tax revenue to meet its expenses and provide necessary public services.

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    Equality/Theoretical Justice

    A principle of sound taxation suggesting that tax burdens should be distributed fairly based on each taxpayer's ability to pay.

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    Gross Estate

    The total value of all property owned by a decedent at the time of their death, including both real and personal property, inside and outside the Philippines, if they were a resident or citizen.

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    Real Property

    Immovable properties like land, buildings, resorts, and other fixed structures. These contribute to the gross estate for estate tax purposes.

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    Estate Tax

    A tax levied on the transfer of property from a deceased person (decedent) to their heirs or beneficiaries.

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    Net Estate

    The remaining value of a decedent's estate after deducting allowable expenses like debts and funeral costs, and the surviving spouse's share in community property.

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    Taxable Net Estate

    The portion of the net estate that is subject to estate tax. This is calculated by subtracting the Php 200,000 exemption from the net estate.

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    RA 5447

    A Philippine law regulating the production, import, sale, and distribution of opium, marijuana, and synthetic drugs.

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    Travel Tax

    A tax levied on individuals leaving the Philippines, regardless of citizenship or ticket purchase location.

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    Land Transportation and Traffic Code

    Philippine law regulating motor vehicles, licensing, and related matters.

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    Batas Pambansa Blg. 36

    Philippine law imposing an energy tax on electric power consumption, encouraging alternative energy sources.

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    Tax Evasion Laws

    Philippine laws that punish tax evasion and refusal to pay taxes by foreign nationals, with possible deportation.

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    Local Government Code of 1991

    Philippine law granting local governments the power to levy taxes, fees, and charges.

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    Real Property Tax

    A tax levied by local governments on real estate based on its assessed value.

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    Local Government Taxes

    Taxes, fees, and charges levied by provinces, cities, municipalities, and barangays in the Philippines.

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    Transfer for Public Use

    A transfer of property to the Philippine Government for public use, deductible from the estate tax if through testamentary succession.

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    Vanishing Deduction

    A tax deduction allowing a portion of the estate tax paid on previously inherited property to be deducted when the inheritor dies within 5 years.

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    What is the maximum period for the vanishing deduction?

    The vanishing deduction applies if the present decedent died within 5 years from the receipt of property through gratuitous transfer.

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    What are the conditions for a vanishing deduction?

    The property must be within the Philippines, tax must have been paid, it must have been inherited from a prior decedent, and no similar deduction was allowed for the prior decedent.

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    How is the vanishing deduction calculated?

    1. Determine the lower value between previous and current transfer. 2. Calculate the initial basis by subtracting mortgage paid. 3. Calculate proportionate deduction from initial basis using ELIT and TPU (estate, legacies, inheritances, and transfers for public use). 4. Calculate the deduction basis by subtracting the proportionate deduction from the initial basis. 5. Apply the percentage of deduction level based on the time elapsed since the prior inheritance.
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    What is the vanishing deduction rate?

    The rate ranges from 20% to 100% depending on the time elapsed since the prior inheritance.

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    What is the main purpose of the vanishing deduction?

    To lessen the tax burden due to frequent property transfers caused by early deaths.

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    How does the appreciation of a property affect the vanishing deduction?

    The value to be taken for the deduction is the lower of either the value at the time of the previous transfer or the value at the time of the present decedent's death.

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    Standard Deduction

    A fixed amount of deduction allowed for estate tax purposes, regardless of actual expenses. It is set at Php 1,000,000 for all citizens and residents.

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    Non-Resident Alien Decedent - Deductible Estate

    For non-resident aliens, deductions are limited to their worldwide estate (ELIT) multiplied by the ratio of their Philippine Gross Estate (PGE) to their Total Gross Estate (TGE).

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    Donation

    A gratuitous transfer of property or rights from one person (the donor) to another (the donee), motivated by the donor's generosity.

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    Kinds of Donation

    Donations can be categorized as either 'inter vivos' (made during the donor's lifetime) or 'mortis causa' (made in the nature of a will, effective upon the donor's death).

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    Donation Subject to Donor's Tax

    Only 'inter vivos' donations, those made during the donor's lifetime are subject to the donor's tax. Donations made by will ('mortis causa') are subject to estate tax.

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    Donations Exempt from Donor's Tax

    'Inter vivos' donations of P50,000 or less and those specifically exempted by law or the tax code are not subject to donor's tax.

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    Capacity of the Donor

    For a donation to be valid, the donor must have the legal capacity to enter into a contract. This means they must be of sound mind and not legally restricted.

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    Essentials of a Valid Donation

    A valid donation requires the capacity of the donor (legal ability to give), the acceptance of the donee (willingness to receive), and a clear intention of the donor to transfer the property or right.

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    Study Notes

    Taxation Concepts and Characteristics

    • Taxation is the inherent power of a sovereign state to impose financial burdens on persons and property.
    • Taxes are levied as a means of raising revenue for government expenses.
    • Taxation's purpose is to support essential government functions, including defense, infrastructure, and public services.
    • A key characteristic of taxation is that failure to pay is punishable by law.

    Historical Development of Taxation

    • Ancient Egypt (3000-2800 BC): The first known taxation system.
    • Biblical Times (Genesis 47:24): Taxation was prevalent, with a fifth of crops required to be given to the Pharaoh.
    • Roman Empire: Earliest Roman taxes (portoria) were customs duties on imports and exports.
    • Roman Empire: Augustus Caesar introduced an inheritance tax for military retirement funds (5% on inheritances, except gifts to children and spouses).
    • England: Taxes were initially used for emergency measures.

    Historical Development of Taxation (Philippines)

    • Pre-Colonial Philippines: Communal societies lacked formal taxation systems.

    • Spanish Colonial Period (16th-19th centuries):

    • Manila-Acapulco Galleon Trade: A significant source of colonial income.

    • Polo y Servicio (Forced Labor): A mandatory service for community projects.

    • Bandala: A tax collected from Filipinos, in the form of threshed rice stalks.

    • Encomienda System: A system of land grants to individuals, who collected tribute from the inhabitants.

    • Tribute: Residence tax, paid in cash or in kind.

    • Cedula (1884): Replaced tribute; a personal identification document equivalent to the present-day community tax certificate.

    • Post-Spanish Period: Tax systems evolved following Philippine independence from Spanish rule.

    • A progressive system of taxation was adopted after the Americans gained control.

    The Four Rs of Taxation

    • Revenue: Taxes are a primary revenue source for governments. Funds are used to fund various government operations like funding armies, roads, schools, hospitals, and indirectly regulating or overseeing markets.
    • Redistribution: Taxes from higher-income individuals can support lower-income individuals, leading to a more equitable distribution of wealth and societal resources.
    • Repricing: Taxes can be used to address negative externalities (like smoking through taxes). An example is a carbon tax.
    • Representation: Taxation is linked to representation, which the people have the right to demand.

    Other Purposes and Objectives of Taxation

    • Regulation: Taxes are sometimes levied on activities or goods to control or regulate, which may impact behavior, like those imposed on tobacco or alcohol. Regulation may include industries which need support, like industries related to oil.
    • Promotion of General Welfare: Taxation can fund programs to improve public health and safety.
    • Reduction of Social Inequality: Progressive taxation helps reduce wealth concentration, where those with higher earning capacity contribute more.
    • Encourage Economic Growth: Tax incentives and exemptions may support investment and growth. This can include support via some tax exemptions or reliefs.
    • Protectionism: Taxes such as tariffs are to encourage local production, which can protect local industries from foreign competition.

    Essential Characteristics of Tax

    • Enforced Contribution: Taxes are mandatory payments imposed on individuals or properties.
    • Payable in Money: Taxes are primarily in monetary form, although some may be paid in kind.
    • Proportionate in Character: Taxes are designed to be proportionate to the taxpayer's abilities and earnings, or the value of the property on which the tax is levied.

    Nature of the Power of Taxation

    • Inherent in Sovereignty: The state's authority to tax is inherent in its power and authority.
    • Legislative in Character: The government, through its legislative authority, has the power to enact tax laws.
    • Subject to Constitutional and Inherent Limitations: The power to tax is constrained by constitutional limitations and other restrictions.

    Stages of Taxation

    • Levying/Imposition: The legislative function of creating the tax law, defining the subject, amount, rate, and collection procedure.
    • Assessment/Collection: The executive function of determining the amount due, calculating surcharges and interest, and enforcing payment.
    • Payment Stage: The taxpayer's compliance with the assessment and collection procedures, and the remedies available to the taxpayer or the government.

    Basic Principles of a Sound Tax System

    • Fiscal Adequacy: The tax system must generate sufficient revenue to meet government expenditure needs.
    • Equality/Theoretical Justice: The tax system should be fair and proportional to a taxpayer's ability to pay.
    • Administrative Feasibility: The tax laws must be easily and correctly administered.

    Limitations on the Power of Taxation

    • Constitutional limitations: including due process, equal protection, uniformity and equity, no imprisonment for non-payment of poll tax, and others.
    • Inherent limitations: including the requirement that a tax must have a public purpose, the non-delegation of the taxing power, the prohibition of taxation on government entities and of a foreign country's property, and the requirement of territorial jurisdiction.

    Situs of Taxation

    • Situs refers to the location where the right of the taxing authority to collect tax is based. The factors that lead to the classification of a property's situs include the property's nature and the taxpayer's residence or citizenship.
    • The taxable situs can be determined by various factors such as the property/income source, the taxpayer's residence, income earned, and the nature of the tax.
    • Important characteristics of situs include the residence of the taxpayer, the physical location of real properties, and the source of income.

    Guidelines in the Interpretation of Taxation Laws

    • Prospective Application: Tax laws apply to future events and not past events.
    • Favor of the Taxpayer (Doubt): If any doubt arises in tax law interpretation, the ruling will favor the taxpayer.
    • Clear Indication of Tax Burden: Tax laws must clearly define taxable objects and obligations.
    • Clear Provision for Tax Exemptions: Tax exemption procedures and requirements must be clear.

    Double Taxation

    • Double taxation, in its general sense, means taxing the same subject twice during the same taxing period.
    • In particular, direct double taxation violates the equal protection clause of the constitution and is prohibited. This includes taxing a single object multiple times.
    • Indirect double taxation is not considered repugnant in the constitution.
    • These are taxes that cover different objects and purposes, for instance, a property and an occupation tax on a property.

    Kinds of Taxes

    • Personal/Poll Taxes: Imposed on individuals regardless of income/property value. An example of a personal/poll tax is a community tax.
    • Property Taxes: Levied on the value of property (real or personal).
    • Excise Taxes:Imposed on the performance of an act or the exercise of a profession. An example of excise taxes are VAT, professional tax, income tax, and estate tax).

    Tax vs. Toll

    • Toll: A payment for use of a public facility or service.
    • Tax: A mandatory payment for support of the government.

    Tax vs. Penalty

    • Penalty: A sanction for violation of a law or code of conduct.
    • Tax: A contribution for government funding.

    Tax vs. Special Assessment

    • Special Assessment: A tax related to benefiting from public improvements.
    • Tax: A payment for general government purposes.

    Tax vs. License or Permit Fee

    • License or Permit Fee: A charge for a privilege.
    • Tax: A mandatory contribution for government expenses.

    Tax vs. Debt

    • Debt: Obligation arising from a contract.
    • Tax: Obligation arising from laws.

    Tax Distinguished from Other Terms

    • Subsidy: A government grant for individual or enterprise benefit.
    • Revenue: All funds collected by the government for its functions.
    • Internal Revenue: Taxes imposed by the legislature other than import/export duties.
    • Customs Duties: Taxes on imported and exported goods.
    • Tariff: A list of rates for imported/exported goods.

    Forms of Escape from Taxation

    • Shifting: Transfer of tax burden.
    • Capitalization: Reduction in price for expected future taxes.
    • Transformation: Improvement to reduce tax impact.
    • Evasion: Illegal means to avoid tax payment.
    • Avoidance: Legal methods to minimize tax liability.

    Impact, Shifting, and Incidence of Tax

    • Impact: The initial burden of a tax.
    • Shifting: The transfer of the tax burden.
    • Incidence: The final resting place of the tax burden.

    Kinds of Shifting

    • Forward Shifting
    • Backward Shifting
    • Onward Shifting

    Capitalization

    Transformation

    Tax Evasion

    Tax Avoidance

    Exemption from Taxation

    Kinds of Taxes under Existing Philippine Laws

    National Taxes - the specific tax rules and regulation of the country's highest level of government

    National Internal Revenue Code of 1997

    Tariffs and Customs Code of the Philippines

    Sugar Adjustment Act

    Narcotics Drug Act

    Special Education Fund Law

    Travel Tax

    Private Motor Vehicle Act

    Energy Taxes

    Republic Act Nos. 1093, 1125, & 2211

    Presidential Decree No. 477

    Local Taxes - applicable to the rules and regulations of the specific tax at the local level

    Local Tax Code

    Real Property Tax Code

    Tax Ordinance of the Barangay, Municipality, Province

    Income Tax - the rules and regulations that dictate the taxation of income in the nation

    Sources of Income - different sources of wealth that flow to a taxpayer

    • Income Within - Involves earnings from within the nation.
    • Income Without - Involves earnings from outside the nation.
    • Income Partly Within & Partly Without - Involves earnings both within and outside the nation.

    Individual Taxpayers

    • Resident Citizens
    • Non-Resident Citizens
    • Resident, Non-Resident Aliens

    Classifications of Citizens

    Classifications of Aliens

    Income - the source and nature, how it is classified, and different kinds

    • Gross Income
    • Taxable Income
    • Non-Taxable Income

    Income Taxable requisites - The requirements or conditions that need to be met to be considered as a type of income that can be taxed

    Compensation Income - types, nature, and characteristics

    Composition of Gross Compensation

    Categories of Individual Taxpayer's Income

    Personal Exemptions - the specific allowances applicable when calculating taxation of people for personal expenses

    Taxpayers Allowed for Personal Exemptions

    Requisites for Non-Resident Alien for Personal Exemptions

    Limitations on the Principle of Reciprocity

    Taxpayers Not Allowed for Personal Exemptions

    Kinds of Personal Exemptions

    Basic Personal Exemption

    Taxpayers Entitled to Additional Exemptions

    Qualifications of Dependents

    Special Deductions - the items that can be deducted from taxable income of individuals

    Examples of Special Deductions - the different items that are allowed as deductions

    Rates of Taxable Income of Individuals

    Formula in Computing Income Tax

    Transfer Taxes - the taxation of the transfer of wealth from one person to another

    • Meaning and Concept
    • Kinds of Transfer Taxes
    • Governing Law
    • Situs of Transfer Taxes
    • Steps in the Determination of the Estate Tax

    Rates of Estate Tax

    Formula for Computing Net Estate

    Meaning of Gross Estate

    Gross Estate

    Components of Gross Estate

    Summary Components of Gross Estate

    Property Included in Gross Estate

    Meaning of Net Estate

    Determination of Value of Estate

    • Usufruct
    • Properties

    Deductions

    Ordinary Deductions

    Special Deductions

    Allocation of Deduction

    Non-Resident Alien Decedent (Allowed Deductions)

    Donor's Tax - the taxation applicable to one individual donating something to another

    • Meaning and Concept
    • Kinds of Donation
    • Essential Characteristics of Donation

    Donative Intent

    Delivery and Acceptance of the Gift

    Gross Gift

    Classification of Donor

    Valuation of Donation

    Deductions from Gross Gifts

    Diminution of Gift Provided by the Donor

    • Example Illustration

    Donations to the National Government

    • Example Illustration

    Tax Exempt Donations

    • Rules and examples

    Donor's Tax (Formula & Rates)

    Rates of Donor's Tax (Gift to Specific persons and/or the general public)

    Tax Credits - Tax allowance/rebate to an individual

    • Illustration of the application of tax credits
    • Formula

    Filing of Returns and Payment of Taxes

    Attachments to the Donor's Tax Return

    Penalties for Non-compliance (Donor's Tax)

    Tax Rates of Donor's Tax

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