taxation and tax administration

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    Taxation and Tax Administration

    Taxationand Tax

    Administration

    Prepared byDennie Leo LoganCrishelle ViernesGrancis Ayra CastroGilbert GabrielCharlene Mae CulanagRina AnanayoLady Dominique Lumidaoai!en Manuel AntonioAubrey "ideaLi!el de Gu!man

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    Taxation and Tax Administration

    #aturday$ %&March$ '(%)

    Taxation De*nedAct o+ imposing and collecting tax,

    A process or means by -hich a so.ereign entity li/e a go.ernment$

    through its la-0ma/ing body$ raises re.enues to de+ray the necessary

    expenses o+ the go.ernment +or the public,

    Characteristics o+ TaxesTaxes are an enforced distribution1 go.ernment en+orce taxes and

    the citi!ens must abide by it, 2ltimately$ the go.ernment -ill returnthese taxes in some other +orms including protection$ public -or/s and

    in+rastructures$ healthcare$ and other basic ser.ices,

    Taxes are generally payable in money1 Money is used to pay

    taxes, The amount o+ money depends on a person3s earnings$ property

    .alues$ and their consumption rate,

    Taxes are imposed on persons and property1 They are hinged on

    a person3s capability to earn and there+ore pay,

    Taxes are levied by the national or a local government unit

    which has a jurisdiction over person or property1 "o other entitycan impose taxes other than the go.ernment or state,

    It takes a congressional act to put up taxes1 "ational tax should

    be *lled and passes in Congress and appro.ed by the #enate, Local

    Go.ernment 2nits are also allo-ed to tax -ithin the limits o+ la-,

    Taxes are imposed solely for public purposes1 Collected taxes

    are intended only +or paying the costs o+ running a go.ernment and

    other basic public ser.ices,

    Classi*cation o+ TaxesAs to sub4ect matter or ob4ect

    %, Personal, poll or capitation0 These are *xed amount taxes

    imposed on people residing in a speci*ed territory -ithout regard

    to their properties or earnings +rom their pro+ession,

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    Taxation and Tax Administration

    ', Property0 These are taxes imposed on real or personal property,

    5, !xcise0 This tax imposed on consumption$ engagement in the

    practice o+ a pro+ession$ per+ormance o+ an act$ or en4oyment o+

    a pri.ilege,

    As to purpose

    %, "eneral, #scal or revenue0 All taxes are imposed to generate

    income or re.enue +or the go.ernment,

    ', $pecial or regulatory0 These are special taxes and more

    speci*cally$ regulatory taxes,

    As to scope 6authority imposing the tax7

    %, %ational0 These are taxes imposed by the national go.ernment

    and are national in scope,

    ', &unicipal or 'ocal0 These are taxes imposed by localgo.ernments,

    As to determination o+ account

    %, $peci#c0 These are imposed taxes as speci*c amounts on a

    speci*c standard o+ measurement,

    ', (d valorem0 A tax in -hich is added into the assessed .alue o+

    a taxable entity,

    As to graduation or rate

    %, Proportional0 These are imposed taxes that are computed as a

    *xed proportion o+ the .alue o+ an entity being taxed or the rate

    o+ consumption,

    ', Progressive or graduated0 These are taxes -hose rates

    increase as the entity being taxed also increases,

    5, )egressive0 The tax or tax brac/et decreases as the entity

    taxed increases,

    Di8erent inds o+ Taxes%ational Taxes

    Income Tax 1 these are earnings that are taxed by the national

    go.ernment and are progressi.e in nature,

    *onor+s Tax1 donor is a certain person in disposing -ithout

    considering the money$ or gi.ing things in +a.our o+ another -ho

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    Taxation and Tax Administration

    accepts it, 9e+ore$ the donor3s tax is di8erent +rom the donee3s$

    but no- it is combined into donor3s tax,

    !state Tax1 imposed on the right o+ a deceased person to

    trans+er the estate to his la-+ul heir or bene*ciary

    -alue.added Tax1 imposed on the sale and:or exchange o+

    goods and ser.ices$ or lease o+ goods and real and personal

    properties

    !xcise Tax 1 imposed on speci*c domestic goods +or local

    consumption$ and imported goods consumed in the Philippines

    /ther percentage Taxes1 imposed and based on the selling

    price or gross .alue o+ goods and ser.ices being sold$ imported$

    exchanged$ or bartered,

    *ocumentary $tamp Taxes1 taxes on legal documents and

    papers

    ustoms *uties and Taris1 imposed in the importation and

    exportation o+ goods in and out o+ the country

    Travel Tax1 imposed on tra.el -hether local or +oreign

    !nergy Tax 1 imposed on the use o+ petroleum products

    Private &otor -ehicle1 imposed on the o-ners o+ pri.ate

    motor .ehicles +or the use o+ the .ehicles

    Tax 'evying1 act o+ putting up taxes on persons$ acti.ities$ and

    products

    Tax (ssessment1 the o;cial action o+ an o;cer in authority in

    determining the amount o+ tax due based on tax le.ied

    Tax ollection1 process o+ getting taxes imposed by the proper

    go.ernment agencies,

    Limitations on the Po-er o+ TaxationPrinciple of due process of law1 a person -ho has tax liabilities

    and not able to pay taxes may not be depri.ed o+ his property -ithout beinggi.en due notice$ and other legal procedures,

    !2ual protection of the laws 3 the code o+ conduct that is applicable

    to one is applicable to all,

    )ule of uniformity in taxation 3 all taxable properties$ acti.ities$ or

    goods -ill ha.e the same tax -ithin the same class, There may be de.elop

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    Taxation and Tax Administration

    di8erences among di8erent classes o+ taxable ob4ects and acti.ities$

    ho-e.er the same system is implemented on ob4ects -ithin the same class,

    "obody .t is there+ore not punishable by la-,

    Tax !vasion1 the use o+ illegal or +raudulent means to reduce:de+eat

    tax liability, >t is punishable by la-,

    Common administrati.e approaches en+orce tax collections?

    %, *istrait of personal property1 sei!ure by the go.ernment

    o+ personal property to en+orce tax collection, >t can be done

    on tangible or on non0tangible properties,

    ', 'evy of real property1 sei!ure by the go.ernment o+personal property to en+orce tax collection$ but done in real

    properties -hich are then placed to public sale,5, !nforcement of forfeiture1 trans+erring the property title

    to another in +a.our o+ the go.ernment,&, !ntering into a compromise of tax liability1 go.ernment

    agencies responsible +or tax collection:assessment and the

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    Taxation and Tax Administration

    taxpayer enter into a compromise or settlement to a.oid legal

    disputes,), 7iling of bonds1 to ensure compliance -ith the pro.isions o+

    tax regulations,@, $urcharge1 amount imposed as an addition to the primary

    tax +or la-0brea/ing taxpayers

    , Interest0 amount imposed as an addition to the primary tax+or taxpayers paying lateB usually '( per annum,

    , "iving of rewards to informers1 legal -ay +or the

    go.ernment to get in+ormation about delinquent:late

    taxpayers or tax e.aders,

    (rrests, searches, and sei8uresare allo-ed by 9ureau o+

    >nternal Re.enue i+ the .iolation is penal in nature o+ a regulation

    administered by the 9>R,

    (liens may be deported+or re+using or /no-ingly and

    +raudulently e.ading taxes,

    Inspection of books of accounts can be doneon indi.iduals$

    companies$ or other entities$ to chec/ the correctness o+ taxes

    paid,

    In2uiring into bank deposit accounts can be done on

    deceased person3s account e.en -ith protection +rom ban/

    deposit inquiry$ li/e-ise to a person -ho is -illing to enter into a

    compromise the tax payments -ho claims to be *nancially

    inadequate,