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Introduction to Taxation
John V. Balanquit
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Objectives After the presentation, students should be able to:
Identify and distinguish the objects of taxation Explain the doctrines of taxation Explain the “situs of taxation”
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Objectives (continued)
Identify the nature of taxes and explain the characteristics of taxes Determine the classification of taxes Distinguish taxes from other fees
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Objects of Taxation Persons (natural or juridical)
Properties (tangible or intangible, real or personal) Excise objects (transactions, privilege, rights or interests)
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Doctrines of Taxation Prospectivity of tax laws
Imprescriptibility of taxes Double taxation (indirect and direct) Escape from taxation (tax evasion vs tax avoidance) Equitable recoupment
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Doctrines of Taxation Set-off of taxes Taxpayer suit Compromise
Power to build and destroy
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Situs of Taxation It is the “place” of taxation. It may be based on the: Nature of tax Citizenship and residence of taxpayer Source of income Place of the item subject to tax
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Nature of Taxes Taxes are: Obligations created by law
Generally personal to the taxpayer
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Essential Characteristics of Taxes
Enforced contributions Imposed by the legislative body Proportionate in character Payable in the form of money Imposed for the purpose of raising revenue Used for public purpose
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Essential Characteristics of Taxes
Enforced on persons, properties or rights Commonly required to be paid in regular intervals Imposed by the sovereign state within its jurisdiction
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Classifications of Taxes
As to Purpose Revenue/Fiscal Regulatory/Sumptuary
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Classifications of Taxes
As to Object Personal/ Poll/ Capitation Property Excise
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Classifications of Taxes
As to Determination of Amount Ad Valorem Specific
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Classifications of Taxes
As to Who Bears the Burden Direct Indirect
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Classifications of Taxes
As to Authority or Scope National (transfer taxes, income taxes, VAT, percentage taxes, excise taxes, documentary stamp tax) Local (Community tax, municipal license tax, professional tax, real estate tax)
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Classifications of Taxes
As to Rate or Graduation Proportionate/ Flat Rate Progressive/ Graduated Mixed
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Other Fees Penalty Revenue Debt Toll License fee Customs duties
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Other Fees Subsidy Tariff Margin fee Special assessment
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End of Lecture. Thank You!
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