Beruflich Dokumente
Kultur Dokumente
1
The fundamental principles of local taxation are:
a. Uniformity;
b. Taxes, fees, charges and other impositions
shall be equitable and based on ability to pay, for
public purposes, not unjust, excessive, oppressive
or confiscatory, not contrary to law, public policy,
national economic policy or in restraint of trade;
c. The levy and collection shall not be left to
any private person;
d. Inures solely to the local government unit
levying the tax;
e. The progressivity principle must be
observed. (Sec. 130, NIRC)
2
Scope of Local Taxation:
1. Local government taxation covering the
imposition of license taxes, fees, and other
impositions, including community tax.
2. Real property taxation a system of levy on
real property imposed on a country-wide basis
but authorizing, to a limited extent and within
certain parameters, LGUs to vary the rates of
taxation.
Nature of the taxing power of LGUs
3. Not inherent but a direct grant
4. Limited
5. Legislative
6. Territorial 3
The LGU has the power to:
a. Manufacturer
- Gross sales P6.5M or more
- Percentage tax 37.5% of 1% based on the
preceding years sales
b. Wholesaler, Distributors, Dealers
- Sale or receipts for the preceding calendar
year P2M or more
- Percentage tax 50% of 1% based on the
gross sales or receipts
c. Contractors
- Gross receipts P2M or more
- Percentage tax 50% of 1% on their gross
receipts
10
10. Taxes on the gross receipts of transportation
contractors and persons engaged in the
transportation of passengers or freight by hire
and common carriers by air, land or water
-Except as provided in the Code
11. Taxes on premiums paid by way of reinsurance
or retrocession
12. Taxes, fees or charges for the registration of
motor vehicles and for the issuance of all kinds of
licenses or permits for the driving thereof,
-Except tricycles
13. Taxes, fees, or other charges on Philippine
products actually exported,
-Except as otherwise provided
11
14. Taxes, fees, or charges, on Countryside and
Barangay Business Enterprises and cooperatives
duly registered under R.A. No. 6810 and the
Cooperatives Code of the Philippines
18
(b) Service Fees or Charges - barangays may
collect reasonable fees or charges for services
rendered in connection with the regulation or
the use of barangay-owned properties or
service facilities such as palay, copra, or
tobacco dryers.
20
Summary of rules on distribution of tax proceeds
between LGUs
General Rule: Revenues shall inure solely to the
benefit of the LGU levying the tax.
Exceptions:
1. Tax on sand, gravel and other quarry resources
30% - Province
30% - Component city/municipality
40% - barangay (Sec. 138)
2. Amusement tax shared equally by the province
and municipality (Sec. 140)
3. Community tax (in case the tax is collected by
barangay treasurer)
50% - municipality
50% - barangay
21
3. Power to Levy Community Tax
Community tax - it is imposed on all inhabitants in
a community who are eighteen years old and
above as well as to juridical persons doing
business in the community or whose office or
establishment is located in the community.
-levied by cities or municipalities (Sec. 156
Community taxpayers:
1. Individuals
-18 yrs and above;
- regularly employed for at least 30
consecutive working days during any calendar
year;
22
- engaged in trade, business, or occupation; or
- owner of property with an aggregate assessed
value of P1,000 or more;
-required by law to file an ITR
2. Juridical persons
24
4. Powers under Miscellaneous Provisions
29
REAL PROPERTY
TAXATION
30
Fundamental Principles of Real Property Taxation:
31
Real property taxes direct taxes imposed on the
privilege to use real property such as land,
building, machinery, and other improvements
unless specifically exempted.
1. Direct tax
2. Indivisible single obligation
3. Ad valorem tax tax base: assessed value
4. Local tax
5. Imposed on the use and not on the ownership
6. Progressive/proportionate in character
32
Policy of taxing real property
35
Administration of Real Property Tax:
LGUs responsible (Sec. 232)
1. Provinces
2. Cities
3. Municipalities in Metro Manila
Extent of Taxing Power
LGUs do not only have the power to levy real
estate taxes but they may also fix real estate
tax rates. However, the power to fix real
estate tax rates does not extend to
municipalities outside Metro Manila, since the
only local bodies authorized to fix tax rates are
the provincial board in the case of province,
and city council in the case of a city.
36
- public hearing shall be required before the
enactment of a local tax ordinance levying the
basic real property tax. (Figueres v. Court of
Appeals, et al., March 25, 1999) and (Reyes v.
Estrada, December 10,1999)
- while an LGU is authorize under several laws
to collect real estate tax on properties falling
under its territorial jurisdiction, it is imperative
to first show that these properties are
unquestionably within it geographical boundaries.
(Sta. Lucia Realty & Devt., Inc. v. City of Pasig,
15 June 2011)
- Proposed fair market values of real property
in a local government unit as well as the
ordinance containing the schedule must be
published in full for three (3) consecutive days
37
of local circulation, where available, within ten
(10) days of its approval, and posted in at lease
two (2) prominent places in the provincial
capitol, city, municipal or barangay hall for a
minimum of three (3) consecutive weeks.
(Figuerres v. Court of Appeals, et al,. G.R. No.
119172, March 25, 1999)
Types of Real Property Tax
1. Basic real property tax
49
Procedure for refund of real property taxes based on
validity of the tax measure or solutio indebeti.
54
6. A inherited a two-storey building in Makati from his
father, a real estate broker in the 60s. A group of
Tibetan monks approached A and offered to lease the
building in order to use it as a venue for their Buddhist
rituals and ceremonies. A accepted the rental of P1
million for the whole year.
55
2014
1. The City of Liwliwa assessed local business taxes
against Talin Company. Claiming that there is double
taxation, Talin Company filed a Complaint for Refund
or Recovery of Illegally and/or Erroneously-collected
Local Business Tax; Prohibition with Prayer to Issue
Temporary Restraining Order and Writ of Preliminary
Injunction with the Regional Trial Court (RTC). The RTC
denied the application for a Writ of Preliminary
Injunction. Since its motion for reconsideration was
denied, Talin Company filed a special civil action for
certiorari with the Court of Appeals (CA). The
government lawyer representing the City of Liwliwa
prayed for the dismissal of the petition on the ground
that the same should have been filed with the Court of
Tax Appeals (CTA). Talin Company, through its lawyer,
Atty. Frank, countered that the CTA cannot entertain a
petition for certiorari since it is not one 56
of its powers
2. In accordance with the Local Government Code (LGC),
the Sangguniang Panglungsod (SP) of Baguio City
enacted Tax Ordinance No. 19, Series of 2014,
imposing a P50.00 tax on all the tourists and travellers
going to Baguio City. In imposing the local tax, the SP
reasoned that the tax collected will be used to
maintain the cleanliness of Baguio City and for the
beautification of its tourist attractions.
Claiming the tax to be unjust, Baguio Travellers
Association (BTA), an association of travel agencies in
Baguio City, filed a petition for declaratory relief
before the Regional Trial Court (RTC) because BTA was
apprehensive that tourists might cancel their bookings
with BTAs member agencies. BTA also prayed for the
issuance of a Temporary Restraining Order (TRO) to
enjoin Baguio City from enforcing the local tax on their
customers and on all tourists going to Baguio City.
The RTC issued a TRO enjoining Baguio City57 from
3. Madam X owns real property in Caloocan City. On July
1, 2014, she received a notice of assessment from the
City Assessor, informing her of a deficiency tax on her
property. She wants to contest the assessment. (4%)
58
4. Doa Evelina, a rich widow engaged in the business of
currency exchange, was assessed a considerable
amount of local business taxes by the City
Government of Bagnet by virtue of Tax Ordinance No.
24. Despite her objections thereto, Doa Evelina paid
the taxes. Nevertheless, unsatisfied with said Tax
Ordinance, Doa Evelina, through her counsel Atty.
ELP, filed a written claim for recovery of said local
business taxes and contested the assessment. Her
claim was denied, and so Atty. ELP elevated her case
to the Regional Trial Court (RTC).
The RTC declared Tax Ordinance No. 24 null and void and
without legal effect for having been enacted in
violation of the public ation requirement of tax
ordinances and revenue measures under the Local
Government Code (LGC) and on the ground of double
taxation. On appeal, the Court of Tax Appeals
59
(CTA)
(A) If you are Atty. ELP, what advice will you give Doa
Evelina so that she can recover the subject local business
taxes?
60