SYLLABUS Course Name : Taxation 2 Number of Units: 3 units Faculty Atty. Karla A. Funtila-Abugan Course Description: A study of the concepts and general principles of transfer tax (estate and donor's tax), business tax (such as value-added, percentage, and excise tax), and miscellaneous tax under the National Internal Revenue Code (NIRC), including general principles on tariff and customs duties. Course Outline L_ ESTATE TAX Sections 84 to 97, NIRC in relation to Civil Code provisions on Succession Republic Act No, 7499 Revenue Regulation No. 02-2003 Revenue Memorandum Order No. 10-2010 Revenue Memorandum Circular No, 34-2013 1. Definition and Concept 2. Computation of Net Taxable Estate and Estate Tax a. Gross Estate; Valuation b. Net Estate; Allowable Deductions c. Tax Rate 3. Administrative Provisions a. Documentary Requirements b. Procedure Cases: Lorenzo v. Posadas, Jr., 64 Phil. 353 (1937) Commissioner of Internal Revenue v. Court of Appeals, 328 SCRA 666 (2000) Il. DONOR’S TAX Sections 98 to 104, NIRC in relation to Civil Code provisions on Donation Revenue Regulation No. 02-2003 1. Definition and Concept 2. Valuation of Gifts 3. Computation of Net Gift and Donor's Tax a. Basis; Gift to StrangersSyllabus ~ Taxation 2 b. Net Gift; Allowable Deductions; Exemptions ©. Tax Rate 4. Administrative Provisions a. Documentary Requirements b. Procedure Cases: Zapanta v. Posadas, jr, 52 Phil, 557 (1928) Gestopa v. Court of Appeals, 342 SCRA 105 (2000) Tang Ho v. Board of Tax Appeals and CIR, 97 Phil. 889 (1955) UL VALUE-ADDED TAX and PERCENTAGE TAX Sections 105 to 128, NIRC Republic Act No. 9837 Revenue Regulation Nos. 16-05, 4-07, 1-12 Revenue Mgmorandum Circular No. 7-06 Overview; Basic VAT Concepts Coverage; Exemptions Computation and Tax Rate Administrative Provisions a. Documentary Requirements b. Procedure 5. Percentage Tax - Concept, Kinds, Administrative Provisions Bene CIR v. Sekisui Jushi Philippines, Inc., G.R. No. 149671, July 21, 2006 CIR v. SM Primeholdings, Inc., G.R. No. 183505, February 26, 2010 Southern Philippines Power Corporation v. CIR, G.R. No. 179632, October 19, 2011 CIR v. San Roque Power Corporation, G.R. No. 187485, February 12, 2013 IV.EXCISE TAX Sections 129 to 172, NIRC Republic Act No. 10351 1. Excise Tax Levy 2. Accrual and Payment of Excise Tax 3. Liabilities for Non-Payment; Exemptions Cas CIR v. Pilipinas Shell Petroleum Corporation, G.R. No. 188497, April 25, 2012 2Syllabus - Taxation 2 Diageo Philippines Inc. v. CIR, G.R. No. 183553, November 12, 2012 CIR ». Pilipinas Shell Petroleum Corporation, G.R. No. 188497, February 19, 2014 V. DOCUMENTARY STAMP TAX Sections 173-201, NIRC 1. Documents Subject to Tax 2. Documents and Papers Not Subject to Stamp Tax 3. Effects of Failure to Affix Documentary Stamps VL TARIFF AND CUSTOMS DUTIES The Tariff and Customs Code of the Philippines 1. Definition and Scope of Tariff and Customs Laws; Basic Concepts 2. Functions, Powers and Duties of the Bureau of Customs 3. Enforcement of Tax Lien and Seizures 4, Taxpayer's Remedies a. Customs Protest b, Seizure and Forfeiture Cases c. Automatic Review Cases: Jao v. Court of Appeals, 249 SCRA 35 People v. Desiderio, L-20805, November 29, 1965 Agriex Co,, Ltd. v. Villanueva, G.R. No, 158150, September 10, 2014 ‘Teaching Methods/Strategi Class recitations will basically be employed to determine whether the student read and understood the provisions of the law and the decisions of the Supreme Court. Quizzes, announced or unannounced, will also be administered to check the comprehension and analysis of the students. Lectures and visual aids may be used when applicable. Students are expected to submit at the end of the semester a hand-written case digest of all the cases assigned during the course.