Module #1 Student Activity Sheet
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Lesson title: Orientation; Review and Updates in Taxation Materials:
Part 1 Pen, paper, calculator
Learning Targets:
At the end of the module, students will be able to: References:
1. Recall and Apply learnings in Principles of Taxation and Tax Reviewer by Enrico Tabag
Tax Remedies Taxation Reviewer by Manuel,
Soriano and Laco
REO Reviewer
A. LESSON PREVIEW/REVIEW
Hello students! You are now in your review subject. Your first topic in this module is the principles of
taxation and tax remedies. You already finish this during your lower years. This time, you need to
recall and apply your learnings with the topic.
“Difficult Roads often lead to beautiful destinations.”
B.MAIN LESSON
Content and Skill-Building
LO 1: Recall and Apply Learnings in Principles of Taxation and Tax Remedies
I. PRINCIPLES OF TAXATION
Definition of Taxation
1. Taxation is a power
2. Taxation is a process
3. Taxation is a mode of cost allocation
TAXATION AS A POWER OF GOVERNMENT
The Inherent Powers of the State
1. Power of Taxation
2. Police Power
3. Power of Eminent Domain
This document is the property of PHINMA EDUCATION
, ACC 178: Updates in Tax and Business Regulations
Module #1 Student Activity Sheet
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Taxation Police Power Eminent Domain
NATURE To raise gov’t funds Make and implement To take private
laws for the general property for public use
welfare with just compensation
AUTHORITY Government only Government only May be granted to
public/utility companies
PURPOSE Support for the gov’t For regulation and Acquire private
control property for public use
PERSONS Persons, property and Persons, property and Private property
AFFECTED exercise of right or exercise of right or
privilege privilege
LIMITATIONS Generally unlimited Limited to the amount Limited to the fair value
necessary to defray of the property
the cost of regulations
ACT INVOLVED Taxpayers pays taxes Restriction of personal Private property is
and/or property rights taken
BENEFIT IN Benefits and protection Protection and other Amount equivalent to
EXCHANGE OF THE from the government benefits from the just compensation
FOREGOING government
STATUS AS AGAINST Inferior Superior Superior
THE NON-
IMPAIRMENT
CLAUSE OF THE
CONSTITUTION
Similarities:
1. They are indispensable to government existence
2. They can exist independent of the constitution
3. They are means by which the state interferes with private rights and properties
4. They are generally exercised by the legislature
5. They contemplate an equivalent compensation or benefit
TAXATION AS A PROCESS
The Stages of Taxation
1. Levy or Imposition --------------------------------- Impact of Taxation Aspect of Taxation
2. Assessment of Tax Incident of Taxation
- these all comprises the taxation system
TAXATION AS A MODE OF COST ALLOCATION
This document is the property of PHINMA EDUCATION
, ACC 178: Updates in Tax and Business Regulations
Module #1 Student Activity Sheet
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
The Life Blood Doctrine
Purpose of Taxation
1. Primary purpose – to raise revenue
2. Secondary purposes: (a) Regulatory; (b) Compensatory
TAXATION AS A MODE OF COST ALLOCATION
Modes of Cost Allocation
1. Benefit Received Theory
2. Ability to pay theory
The Theory and Basis of Taxation
a. Theory – The existence of the government is a necessity and it cannot continue without means to
support itself.
b. Basis – The government and the people have the reciprocal and mutual duties of support and
protection
THE SCOPE AND LIMITATIONS OF TAXATION
The Scope of Taxation: CUPS: Comprehensive, Unlimited, Plenary, Supreme. It includes the power to
destroy
LIMITATIONS
A. Constitutional
a. Observance of due process of law
b. Equal protection of the law
c. Uniformity in taxation
d. Progressive scheme of taxation
e. Non-imprisonment for non-payment debt or poll tax
f. Non-impairment of obligation and contracts
g. Free worship rule
h. Non-appropriation of public funds or property for the benefit of any church, sect, or system of
religion
i. Exemption of religious, charitable or educational entities, non-profit cemeteries, churches and
mosque from property taxes
j. Exemption of taxes of the revenues and assets of non-profit, non-stock educational institutions
including grants, endowments, donations or contributions for educational purposes
k. Concurrence of majority of all members of Congress for the passage of a law granting tax
exemption
l. Non-diversification of tax collection
m. Non delegation of power if taxation
Exception:
i. Power to tax was delegated to the President under the Flexibility of Clause of the Tariff
and Customs Code
ii. Power to tax was delegated to the local government units under the Local Government
Code
This document is the property of PHINMA EDUCATION