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Terms in this set (74)
Taxation is the process or means by which the sovereign (independent state),
through its law making body (the legislature), imposes burdens upon
subjects and objects within its jurisdiction for the purpose of raising
revenues to carry out the legitimate objects of government.
The 3 Inherent Powers of the State 1. Police Power
(Essential/Fundamental) 2. Power of Taxation
3. Power of Eminent Domain
Police Power It is the power of the state for promoting public welfare by restraining and
regulating the use of liberty and property.
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Power of Taxation It is the power by which the State raises revenue to defray the necessary
expenses of the government.
Power of Eminent Domain It is the power of the state to acquire private property for public purposes
upon payment of just (fair value) compensation.
Similarities among the Three (3) Inherent Powers of 1. They are inherent in the State.
the State 2. They exist independently of the constitution although the conditions for
which their exercise may be prescribed by the constitution.
3. Ways by which the State interfere with private rights and property.
4. Legislative in nature and character
5. Presuppose an equivalent compensation received, directly or indirectly,
by the persons affected.
Primary Purpose of Taxation to provide funds or property with which to promote the general welfare
and the protection of its citizens and to enable it to finance its multifarious
activities.
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Secondary Purpose of Taxation as a devise for regulation or control (implementation of State's police
power) by means of which certain effects or conditions envisioned by the
government may be achieved such as:
(1) Promotion of General Welfare
(2)Reduction of Social Inequality
(3) Economic Growth
Necessity Theory The power of taxation proceeds upon the theory that the existence of the
government is a necessity.
Lifeblood Doctrine The power of taxation is essential because the government can neither
exist nor endure without taxation.
Reciprocity Theory The state collects taxes from the subjects of taxation in order that it may be
able to perform the functions of government. The citizens, on the other
hand, pay taxes in order that they may be secured in the enjoyment of the
benefits of organized society.
Doctrine of Symbiotic Relationship "Taxes are what we pay for civilized society."
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