3rd-repoasdgdjdudnkkisjdhejsisjrter.pptx

bsba

1. Power of judicial review “The supreme court shall have the power to review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the rules of court may provide, final judgements and orders of lower courts in all cases involving the legality of any tax, The power of judicial review in taxation is limited only to the interpretation and application of tax laws, Judicial review is limited only the review where involves, No imprisonment for non-payment of poll tax Section 20. No person shall be imprisoned for debt or non-payment of a poll tax General funds of the government General fund refers to revenues accruing to the state from taxes, fees, interest earnings, and other sources which can be used for the general operation of state government.

2. TAXEX AS GENERAL FUNDS OF THE GOVERNMENT ART VI SECTION 29. par. 3 of the Philippine constitution states that “ All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only, if the purpose for which a special fund was created has been fulfilled or abandoned, the balance if any, shall be transferred to the general funds of the government.” STAGE ASPECTS OR PROCESS OF TAXATION LEVY Levy or imposition of taxes involves the passage of tax law or ordinances through the legislature. Strictly speaking, it refers to taxation or the tax policy of the sovereign State . Assessment “Assessment involves the act of administration and implementation of the tax laws by executive through its administrative agencies such as the BIR or Bureau of Customs ,

3. Payment of tax Payment of tax is a process involving the act of compliance by the tax payer in contributing his share to defray the expenses of the government, It is also called “Tax collection” Principles of a sound tax system Fiscal adequacy Fiscal adequacy states that the sources of revenue of the government should be sufficient to meet the demand of public expenditures regardless of business condition. Administrative feasibility Tax laws must be convenient, just uniform and effective in their administration. Theoretical justice This Principle states that the tax burden must be proportionate to the taxpayers ability to pay.

4. Doctrines in taxation In the exercise of taxation power, some underlying doctrines for its implementation are as follow: Prospective application of tax law Imprescriptibility of taxes Double taxation Escape from taxation Exemption from taxation Equitable recoupment Set of taxes Taxpayer suit Compromises Power to Destroy Situs of taxation

5. Prospective application of tax laws The Principle of “Prospective Application of tax laws” states that a tax bill must only be applicable and operative after becoming a law. IMPRESCRIPTIBILITY OF TAXEX The rule on “Tax imprescriptibility ” states that unless otherwise provided by the tax law itself, taxes in general are not cancellable.