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Questions and Answers

Which of the following scenarios violates the due process clause?

  • A tax is imposed for a purpose unrelated to public welfare. (correct)
  • A tax is assessed on properties within the jurisdiction of the authority.
  • A tax code is applied consistently over the years.
  • A property tax is levied on a home that is not occupied.
  • What does the Equal Protection Clause primarily prohibit?

  • Class legislation that discriminates and favors certain groups. (correct)
  • The imposition of taxes on nonprofit organizations.
  • Taxation based on geographic location.
  • Differential tax rates for individuals over a certain income.
  • Which principle is the basis for tax exemptions related to religion?

  • The free exercise clause. (correct)
  • The secular purpose doctrine.
  • The endorsement clause.
  • The non-discrimination principle.
  • What constitutes a violation of the constitutional guarantee of religious freedom?

    <p>Imposing fees for the sale of religious texts. (D)</p> Signup and view all the answers

    Under what circumstance would a tax not violate the principle of equal protection?

    <p>A tax rate that is equally imposed on all members of the same class. (D)</p> Signup and view all the answers

    Which power is not delegated to administrative agencies in the taxing process?

    <p>Determining the purpose of the tax (C)</p> Signup and view all the answers

    Which of the following is true regarding territorial tax laws?

    <p>A state may not impose taxes on rights derived from another state (C)</p> Signup and view all the answers

    Which aspect of taxation can be administered by agencies according to discretion?

    <p>Assessing property value based on fixed rules (D)</p> Signup and view all the answers

    What determines whether a person can be taxed by a state if they reside abroad?

    <p>Their relationship as a citizen to the state (C)</p> Signup and view all the answers

    Which of the following powers cannot be delegated to an administrative body?

    <p>The power to set tax rates (D)</p> Signup and view all the answers

    What is the fundamental basis of a state's right to tax?

    <p>The relationship of the taxpayer to the state (B)</p> Signup and view all the answers

    In which scenario might a citizen residing abroad still be subject to their home state's taxes?

    <p>If they continue to receive benefits from their home state (C)</p> Signup and view all the answers

    Which statement reflects the limitations of state taxing powers?

    <p>Taxes only apply to residents within the state borders (B)</p> Signup and view all the answers

    What is the general rule regarding the delegation of powers?

    <p>Delegated powers cannot be further delegated. (A)</p> Signup and view all the answers

    Which of the following is NOT a condition under which taxation can be delegated?

    <p>It can only be delegated to the national legislative body. (C)</p> Signup and view all the answers

    What aspects can the legislature determine regarding taxation?

    <p>The nature, object, extent, coverage, and situs of taxation. (A)</p> Signup and view all the answers

    Under what circumstances can local governments be granted the power to tax?

    <p>In line with the principle of local self-government. (C)</p> Signup and view all the answers

    Which of the following accurately describes a delegation of power to the President?

    <p>The Congress must authorize the President to fix tariff rates within specified limits. (C)</p> Signup and view all the answers

    What is a requisite for a law that delegates taxation powers?

    <p>It must be complete and set forth the policy to be executed. (D)</p> Signup and view all the answers

    Which of the following is considered an exception to the general rule of delegation of tax powers?

    <p>Delegation to the President for setting import quotas. (D)</p> Signup and view all the answers

    What must local governments conform to when granted taxing powers?

    <p>Guidelines and limitations set by Congress. (C)</p> Signup and view all the answers

    What could potentially violate the constitutional guarantee of free exercise of religion within a non-profit missionary organization?

    <p>Requiring a licensing fee for distributing religious literature (B)</p> Signup and view all the answers

    Which of the following conditions must be satisfied for a tax on religious materials to not violate the Free Exercise Clause?

    <p>The tax must be general and non-discriminatory (D)</p> Signup and view all the answers

    According to the general rule, tax laws operate in what way?

    <p>They apply to activities after the law takes effect. (A)</p> Signup and view all the answers

    What is required for a tax law to be applied retroactively?

    <p>The law's language must be clear and explicit. (D)</p> Signup and view all the answers

    Which aspect of tax laws ensures fairness and prevents hardship for taxpayers?

    <p>The prospective nature that respects the taxpayer's ability to foresee obligations (B)</p> Signup and view all the answers

    What is an exception that allows tax laws to be applied retroactively?

    <p>When it is expressly declared or the legislative intent is clear (D)</p> Signup and view all the answers

    What is the primary purpose of the Free Exercise Clause in relation to taxation?

    <p>To protect against undue burdens on religious practices (B)</p> Signup and view all the answers

    What is not considered a limitation of the State's power of taxation according to the content?

    <p>Revenue generation for state projects (A)</p> Signup and view all the answers

    What does it mean that statutes are prospective in nature?

    <p>They are designed for future situations. (A)</p> Signup and view all the answers

    Under what circumstance can interest on back taxes be applied retroactively?

    <p>When the interest is considered just compensation. (C)</p> Signup and view all the answers

    Which of the following scenarios allows for retroactive application of rulings?

    <p>Deliberate misstatement by the taxpayer. (D)</p> Signup and view all the answers

    Which general rule applies to the retroactive application of tax rulings?

    <p>Rulings are retroactive unless harmful to the taxpayer. (D)</p> Signup and view all the answers

    What does the term 'imprescriptibility of taxes' refer to?

    <p>There is no time limit for the government to collect taxes. (C)</p> Signup and view all the answers

    What is a potential exception to the non-retroactivity of tax rulings?

    <p>The BIR's gathered facts differ from the original facts. (D)</p> Signup and view all the answers

    Which statement best describes the constitutional prohibition against ex post facto laws in relation to back taxes?

    <p>Only applicable to penalties, not interest on taxes. (D)</p> Signup and view all the answers

    What does indirect duplicate taxation refer to?

    <p>Taxation on the same property by two different states. (B)</p> Signup and view all the answers

    What does the Constitution state regarding double taxation in the Philippines?

    <p>Double taxation is permissible if constitutional requirements are met. (D)</p> Signup and view all the answers

    When can a taxpayer invoke the non-retroactivity rule of rulings?

    <p>If the ruling involves the taxpayer themselves. (B)</p> Signup and view all the answers

    Which of the following methods is NOT a mode of eliminating double taxation?

    <p>Reduction of income for local taxes. (A)</p> Signup and view all the answers

    What must be true for double taxation to be considered valid under the Constitution?

    <p>It must conform to the constitutional rule on uniformity. (D)</p> Signup and view all the answers

    What is one method used in tax treaties to eliminate international double taxation?

    <p>Implementing reciprocal exemptions. (C)</p> Signup and view all the answers

    Which of the following best describes 'shifting of tax burden'?

    <p>Transferring tax liability from one taxpayer to another. (D)</p> Signup and view all the answers

    In what situation does international double taxation commonly occur?

    <p>When a resident of one state earns income in another state and both impose taxes. (B)</p> Signup and view all the answers

    Why might double taxation be viewed as unfair?

    <p>It subjects individuals to multiple tax authorities for the same income or property. (C)</p> Signup and view all the answers

    Flashcards

    Delegata potestas non potest delegari

    No delegated powers can be further delegated.

    Power to tax

    The exclusive power of the legislative body to impose taxes; cannot be re-delegated, except under specific conditions.

    Valid delegation of tax power

    A lawful transfer of power to levy taxes, adhering to constitutional provisions, established by legislation, and in favor of local governments.

    Complete law for delegation

    A law delegating taxing power must detail the policy to be executed and set definite standards for the delegate to follow.

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    Legislative determination of taxation

    The legislature decides the nature, object, extent, coverage, and location (situs) of taxation.

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    Delegation to local governments

    An exception to the general rule; local governments can levy taxes, as part of local self-governance.

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    Delegation to President

    Congress can authorize the President to set tariff rates, quotas, etc., within specified limits and guidelines.

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    Emergency Powers Delegation

    Congress can grant emergency powers to the President to act regarding executive agreements, treaties, etc.

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    Confiscation of Property

    A tax is considered a violation of due process if it takes away all or most of a person's property, leaving them with little or nothing.

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    Tax for Non-Public Purpose

    Taxes must be used for public benefits, like roads or schools. Using them for private gain violates due process.

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    Retroactive Tax

    A tax law that applies to actions or events that happened before the law was passed.

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    Class Legislation

    Unequal treatment by the government based on group membership, violating the Equal Protection Clause.

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    Religious Freedom & Taxes

    The government can't restrict your right to practice your religion by imposing taxes on religious activities or organisations.

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    Free Exercise Clause & Taxes

    The government cannot impose license fees on religious organizations for distributing religious literature if it unfairly burdens their religious practices. The First Amendment's Free Exercise Clause protects religious freedom.

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    Neutrality & Equality in Taxes

    Taxes on religious materials sold by religious organizations are generally permissible, as long as the tax is applied equally to all sellers and doesn't target religious activities.

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    Undue Burden on Religion

    A tax specifically targeting religious activities or creating a significant obstacle to practicing religion may violate the Free Exercise Clause.

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    Contract Clause & Taxation

    The Contract Clause doesn't limit the government's ability to impose taxes, even if it affects existing contracts, unless there's a specific tax exemption.

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    Prospective Tax Laws

    Tax laws typically apply to future activities, transactions, or income that happen after the law is enacted.

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    Retroactive Tax Laws

    Tax laws can be applied retroactively, meaning they apply to past activities, only if explicitly stated in the law or clearly intended by lawmakers.

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    Tax Law Clarity

    If a tax law is unclear about whether it applies retroactively, it's usually interpreted as applying only prospectively.

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    Harsh & Oppressive Retroactive Taxes

    Even if clearly intended, a retroactive tax law can be struck down if it's extremely unfair or burdensome.

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    Statutes and Retroactivity

    Statutes, which are laws, generally apply to future actions and events, not those already happened. They are prospective, not retroactive.

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    Tax Interest: Exception to Retroactivity

    Collecting interest on unpaid taxes is not a penalty but compensation for the government's delayed income. Therefore, even if the interest rate changes retroactively, it can still be applied to past tax debts.

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    Rulings and Retroactivity

    Tax rulings, which are official interpretations of the law, usually can't be applied retroactively if it would harm taxpayers who relied on them in good faith.

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    Retroactive Ruling Exceptions

    Tax rulings can be applied retroactively if the taxpayer provided false information, the facts changed significantly, or they acted in bad faith.

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    Ruling Applicability

    The rule on non-retroactivity of rulings only applies to the taxpayer mentioned in the ruling, not to other taxpayers.

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    Taxes: Imprescriptibility

    Taxes usually don't have a time limit for collection, meaning the government can claim them even years later.

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    Limited Tax Assessment/Enforcement

    While taxes are generally imprescriptible, specific laws might set time limits for assessing or enforcing certain taxes.

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    Tax Assessment vs. Enforcement

    The time limits for tax assessment (calculating the amount owed) may be different from the time limits for tax enforcement (collecting the amount owed).

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    Broad Sense Double Taxation

    Two or more taxes imposed on the same property, income, or activity, regardless of whether it's by the same authority or not. Think of two different states taxing the same property.

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    Direct Duplicate Taxation

    Taxes imposed on the same property or income by the same authority twice. This is not allowed constitutionally.

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    Double Taxation Legality

    Double taxation, while constitutionally permissible in the Philippines, is not favored. It is legal unless it violates another constitutional principle.

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    Constitutional Uniformity (Double Taxation)

    Tax laws that follow the constitution's uniformity requirement are generally allowed to impose double taxation, even on the same income or property.

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    International Double Taxation

    When a person residing in one country earns income or owns assets in a foreign country, and both countries impose taxes on that income or capital.

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    Tax Treaty for Double Taxation

    Agreements between countries to eliminate or reduce double taxation, using methods like exemption, tax credits, or deductions.

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    Tax Shifting

    Transferring the burden of a tax from the person it was initially intended for onto someone else. Think of businesses passing on taxes through higher prices.

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    Escape from Taxation

    Various strategies individuals or businesses utilize to avoid or minimize their tax liability, such as tax shifting or using legal loopholes.

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    Delegation of Taxing Power

    The government can delegate some aspects of the tax process to administrative bodies, but not the core elements.

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    What taxing powers can't be delegated?

    The legislature cannot delegate the determination of what will be taxed, the tax's purpose, its amount or rate, how it's collected, or the rules for collection.

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    Territorial Limits on Taxation

    A state can't tax property located outside its borders or impose taxes on activities taking place in another state.

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    Privity of Relationship and Taxation

    Even if a person lives outside a state, they can be taxed by that state if there's a connection, like citizenship.

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    Basis of Taxation: Benefits and Protection

    A state can tax someone or their property because it provides benefits and protection to them.

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    Taxing Income of Citizens Abroad

    A state can tax the income of its citizens even if they live abroad, based on the citizen's relationship with the state.

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    Taxing Power: Personal vs. Territorial

    Taxing power can be based on a person's relationship to the state (personal) or on the location of property (territorial).

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    Taxing Power: Source of Income

    The location of the source of income is not always the primary basis for a state's taxing power.

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