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(c) It has retained MORE SCHEDULAR THAN Direct Tax vs. Indirect Tax (1994)
GLOBAL FEATURES with respect to individual
taxpayers but has maintained a more global treatment on
D O W N LO A D P D F
Distinguish a direct from an indirect tax.
SUGGESTED ANSWER:
A DIRECT TAX is one in which the taxpayer who pays
corporations.
the tax is directly liable therefor, that is, the burden of
Note: The following might also be cited by the bar candidates as
paying the tax falls directly on the person paying the tax.
eatures of the income tax system:
Individual compensation income earners are taxed on
An INDIRECT TAX is one paid by a person who is not
modified Gross Income (Gross compensation income less
directly liable therefor, and who may therefore shift or pass
personal exemptions). Self-employed and professionals are taxed
on the tax to another person or entity, which ultimately
on net income with deductions limited to seven items or in lieu
assumes the tax burden. (Maceda v. Macaraig, 197 SCRA
thereof the forty percent (40%) maximum deduction plus the
771)
personal exemptions. Corporations are generally taxed on net
income except for non-resident foreign corporations which are Direct Tax vs. Indirect Tax (2000)
taxed on gross income. Among the taxes imposed by the Bureau of Internal
The income tax is generally imposed via the Revenue are income tax, estate and donor's tax, value-added
self-assessment system or pay-as-you-file concept of imposing the
tax, excise tax, other percentage taxes, and documentary
tax although certain incomes. Including income of non-residents,
stamp tax. Classify these taxes into direct and indirect taxes,
are taxed on the pay-asyou-earn concept or the so called
and differentiate direct from Indirect taxes. (5%)
withholding tax.
The corporate income tax is a one-layer tax in that SUGGESTED ANSWER:
distribution of profits to stockholders (except to nonresidents) are not Income tax, estate and donor's tax are considered as direct
subject to income tax. taxes. On the other hand, value-added tax, excise tax, other
percentage taxes, and documentary stamp tax are indirect
taxes.