1.
Which of the following is/are the nature of the power of taxation?
- It is an inherent attribute of sovereignty.
- It is legislative in character.
- It is regarded as comprehensive, unlimited, plenary and supreme.
Correct Answer
B. B. I and II only.
Explanation
Answer: B III is the extent of the power of taxation not its nature.
2.
A characteristic of taxes which means taxes are assessed with some reasonable rule of apportionment
Correct Answer
C. Theoretical justice
Explanation
Theoretical justice
3.
Under the benefits-protection/reciprocity theory, while taxes are intended for general benefits, special benefits to taxpayers are not required.
Correct Answer
A. True
Explanation
Answer: A. True
4.
Which of the following statements is true on the power of the courts of judicial review in taxation?
I.It is within the province of the courts to inquire into the wisdom or policy of the exaction, the motives behind it, the amount to be raised or the persons, property, or other privileges to be taxed.
II. The court’s power in taxation is limited only to the application and interpretation of the law.
III. The principle of judicial non-interference does not extend to the administrative realm.
Correct Answer
C. C. II only
Explanation
ANSWER: C. II only It is not within the province of the courts to inquire into the wisdom or policy of the exaction, the motives behind it, the amount to be raised or the persons, property, or other privileges to be taxed. The principle of judicial non-interference extends to the administrative realm.
5.
In which of the following powers of the state does the taxpayer receive a direct benefit?
Correct Answer
C. Eminent domain
Explanation
Answer: C. Eminent domain In the power of an eminent domain, a direct benefit results in the form of just compensation to the property owner.
6.
Which of the following powers of the state is superior to the non-impairment clause of contracts?
- Taxation
- Police power
- Eminent domain
Correct Answer
D. D. II and III only
Explanation
Answer: D The power to tax is not superior to the non-impairment clause.
7.
Motor vehicle registration fees are now considered revenue or tax measures.
Correct Answer
A. A. True
Explanation
Answer: A. True
8.
Which of the following statements on construction of tax laws is false?
Correct Answer
D. The retroactive application of tax laws is not permitted.
Explanation
ANSWER: D Tax laws operate prospectively unless the purpose of the legislature to give retrospective effect is expressly declared or may be implied from the language used.
9.
I. Tax laws are political in character.
II. Tax laws are civil in nature.
III. Tax laws are not penal in character.
Which of the above statements is/are true?
Correct Answer
B. B. II and III only
Explanation
Answer: B
Tax laws are not political in nature.
10.
Which of the following statements is/are true?
- Taxes are personal to the taxpayer.
- Stockholders may be held liable for unpaid taxes of a dissolved corporation.
- A corporation’s tax delinquency cannot be enforced against its stockholders.
Correct Answer
D. D. I, II and III
Explanation
Answer: D
TAXES ARE PERSONAL TO THE TAXPAYER
A corporation’s tax delinquency cannot be enforced against its stockholders. (Corporate Entity Doctrine)
Exception: Stockholders may be held liable for unpaid taxes of a dissolved corporation:
a. if it appears that the corporate assets have passed into their hands or
b. when the stockholders have unpaid subscriptions to the capital of the corporation
11.
Tax upon the value of the article or thing subject to taxation; the intervention of another party is needed for the computation of the tax.
Correct Answer
C. C. Ad valorem tax
Explanation
Answer: C.
12.
Which of the following is not considered tax?
Correct Answer
D. D. All of the above
Explanation
Answer: D
13.
Which of the following is not a requisite of taxpayer’s suit?
Correct Answer
D. D. None of the above.
Explanation
Answer: D
14.
Which of the following is not an inherent limitation of the power to tax?
Correct Answer
D. D. None of the above.
Explanation
Answer: D
A. INHERENT LIMITATIONS (KEY: SPINE)
1. Territoriality or Situs of taxation
2. Public purpose of taxes
3. International comity
4. Non-delegability of the taxing power
5. Tax Exemption of the government
15.
I. The power of taxation is peculiarly and exclusively exercised by the legislature.II. The President has the authority to fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts.III. Local government units have the power to levy taxes, fees, and charges.IV. Tax legislation may be delegated to administrative agencies. Which of the above statements is/are false?
Correct Answer
D. D. IV only
Explanation
Answer: D. IV only
16.
Shares, obligations or bonds by any foreign corporation are only includible in the gross estate of a resident decedent when
Correct Answer
C. C. 85% of the business of the foreign corporation is located in the Philippines
Explanation
Answer: C.
17.
I. Although the government is tax exempt, it can however tax itself.II. GOCCs’ income is taxable at special rates.
Correct Answer
A. A. Statement I is true; Statement II is false
Explanation
Answer: A.
GOCCs
General Rule: Income is taxable at the rate imposed upon corporations or associations engaged in a similar business, industry, or activity.
18.
I. Property actually, directly and exclusively used for educational purposes by government educational institutions are exempt from property or real property tax.II. Income of whatever kind and character from any properties of government educational institutions, real or personal, regardless of the disposition, is taxable.
Correct Answer
C. C. Both statements are true
Explanation
Answer: C
19.
I. Donations in favor of governmental institutions are considered as income on the part of the done.II. However, it is not considered as taxable income because it is an exclusion from the computation of gross income.
Correct Answer
C. C. Both statements are true
Explanation
Answer: C
20.
Which of the following may be subject to tax imposed by the local government units?
Correct Answer
A. A. A GOCC
Explanation
Answer: A
Unless otherwise provided in the Local Government Code (LGC), tax exemptions granted to all persons, whether natural or juridical, including GOCC, except local water districts, cooperatives duly registered under RA No. 6938, non-stock and non-profit institutions, are withdrawn upon effectivity of the LGC. (Sec. 193, LGC)
21.
I. The principle of international comity limits the authority of the government to effectively impose taxes on a sovereign state and its instrumentalities, as well as on its property held and activities undertaken in that capacity.II. International comity may not apply when one enters the territory of another.
Correct Answer
A. A. Statement I is true; Statement II is false
Explanation
Answer: A
Even where one enters the territory of another, there is an implied understanding that the former does not thereby submit itself to the authority and jurisdiction of the other.
22.
In which of the following circumstances is the non-impairment clause of contracts violated when withdrawn? - Tax exemption bilaterally agreed by the government and the taxpayer
- Tax exemption unilaterally granted by law, withdrawn by virtue of another law
- Tax exemption granted under a franchise
Correct Answer
A. A. I only
Explanation
Answer: A
When the exemption is granted under a franchise – it may be withdrawn at any time thus, not a violation of the non-impairment of contracts.
23.
I. In the Philippines, a tax law adopting a regressive system of taxation is unconstitutional.II. Income tax on individual is an example of a progressive system of taxation.
Correct Answer
B. B. Statement I is false; Statement II is true
Explanation
Answer: B
The Constitution does not really prohibit the imposition of indirect taxes which, like the VAT, are regressive. The Constitutional provision means simply that indirect taxes shall be minimized. The mandate to Congress is not to prescribe, but to evolve, a progressive tax system.
24.
Which of the following taxes are non-stock non-profit educational institutions exempt?
Correct Answer
D. D. All of the above.
Explanation
Answer: D
25.
Which of the following taxes are religious, educational, charitable institutions exempt?
Correct Answer
C. C. Property tax
Explanation
Answer: C
Religious, educational, and charitable institutions are exempt from property tax only.
26.
Which of the following is not an element of direct double taxation?
Correct Answer
C. C. imposed at the same amount
Explanation
Answer: C
Elements:
a. the same property or subject matter is taxed twice when it should be taxed only once.
b. both taxes are levied for the same purpose
c. imposed by the same taxing authority
d. within the same jurisdiction
e. during the same taxing period
f. covering the same kind or character of tax.
The absence of one or more of the above-mentioned elements makes the double taxation indirect.
27.
It is also known as impact of taxation
Correct Answer
A. A. Tax imposition
Explanation
Answer: A
28.
A grant of immunity to particular persons or corporations from the obligation to pay taxes
Correct Answer
B. Tax exemption
Explanation
Answer: B
29.
Vote needed in Congress to grant tax exemption
Correct Answer
C. Majority of all the members of Congress
Explanation
Answer: C
30.
Which of the following is not of the nature of tax exemption?
Correct Answer
C. Tax credits
Explanation
Answer: C