SYLLABUS IN TAXATION [
(REVISED BY 2016-2017)
GENERAL PRINCIPLES &
INCOME TAXATION (tor updating wih RA 10965 provisions)
A. General Principies of Taxation
1. Concept Underlying Basis2 and Purpose
Taxation, Taxes Defined
Attributes or Characteristics of Taxes
1) Cebu Portland Cement v, CTA, L-29059, 15 Dec 1987, 156 SCRA 535 (Lifeblood of the
Governmen:)
‘
4)_-Mun. of Makati v. CA, et al, L-89898, 01 Oct 1990, 190 SCRA 206 (Exempt from execution)
CIR. Algue, Inc etal, L-28896, 17 Feb 1988, 158 SCRA 9 (Lifeblood Theory; Rationale is
Symolotic Raleionship; timeliness of assessment / collection; effect of warrant of distraint &
levy; deductibility of promotional expense)3
igs Bank v. CA etal, 330 SCRA S07, 12 Apr 2000 (Mutual Observance of
is for refund due to losses, how to prove entitlement) 4
2. Principles of a Sound Tax System
Fiscal Adequacy
‘Theoretical justice
Administrative Feasibility
Will the non-obse:vance of these principles invalidate the tax law? No, unless
other inherent and constitutional limitations are infringed.
3. Scope of axation
No attribute of sovereignty is more pervading, unlimited, plenary,
‘comprehensive and supreme
What isthe concept cf taration? I: cam be viewed in two ways, namely@a) asa power to tax and (b) asthe act
‘or process by which taxing power ic exercised
What isthe theory or underiying besis of taxation? It is @ necessity without which no government could exist
revenues collected are incended to finance government and its