Module2 AE26 IT
Module2 AE26 IT
COLLEGE DEPARTMENT
MODULE 2
Subject:
INCOME TAXATION
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Unit Income Taxation
Module Concepts of Tax
AE26-IT Income Taxation Units: 3 Page |2
(1) It is an enforced contribution. -A tax is not voluntary payment or donation and its imposition is in no
way dependent upon the will of assent of the person taxed;
(2) It is generally payable in money: - Unless qualified by law, the terms "taxes" or "tax" is usually
understood to be a pecuniary burden – an exaction to be discharged alone in money which must be in
legal tender;
(3) It is proportionate in character. - A tax is laid by some rules of apportionment according to which the
persons or property share the public burden. It is ordinarily based on the ability to pay;
(4) It is levied on persons or property. - A tax may also be imposed on acts or transaction or contracts. In
each case, however it is only person who pays the tax;
(5) It is levied by the state which has jurisdiction over the person or property. - The persons and property
must be subject to the jurisdiction of the taxing state. This is necessary in order that tax can
boundary lines; be enforced. The taxing power of a state necessarily stops at its
(6) It is levied by the law making body of the state. - The power to tax is a legislative power which only
the legislative body (national or local) can exercise through the enactment of statutes or ordinances. The
power to tax is also granted by the Constitution and by law to local government units (I.e., provinces,
cities, municipalities and barangays) but the power of the latter is subject to such limitations as may be
provided by law; and
(7) It is levied for public purposes. - The taxation involves and a tax constitute, a charge or burden
imposed to provide income for public purposes - the support of the government, the administration of
the law, or the payment of public expenses.
Objects of Taxation
Objects of taxation may refer to the subject to which taxes are imposed. Generally, taxes are imposed
on the following:
c. Right - power, faculty or demand inherent in one person and incidental to another.
They are:
1. National taxes - Those imposed by the National government under the National Internal
Revenue Code and other laws particularly the Tariff and Customs Code; and
2. Local taxes - those imposed by the local governments to meet particular needs under the
Local government Code, such as real property tax and the community tax (formerly residence tax).
a. income tax;
c. value-added tax;
g. other taxes as are or hereafter may be imposed and collected by Bureau of Internal
Revenue
2. The following are, among others, the national taxes imposed by special laws:
a. custom duties;
b. travel tax;
Situs of Taxation
Situs is the place of taxation. It is the tax jurisdiction that has the power to levy taxes upon tax object.
Situs rules serve as the basis of reference in gauging whether the tax object is within or outside the tax
jurisdiction of the taxing authority.
Double taxation
Double taxation means a sovereign act of taxing twice for the same purpose in the same year upon the
same property or activity of the same person, when it should be taxed once for the same purpose and
same character of tax.
2. Secondary elements
1. Direct double taxation - this occurs when all the elements of double taxation exist for both
impositions.
Example:
a. An income tax of 10% on monthly sales and a 2% income tax on the annual sales (total on
monthly sales).
2. Indirect double taxation - this occurs when at least one of the secondary elements of double
taxation is not common for both impositions.
Examples:
a. The national government collects income tax from taxpayer on his income while the local
government collects community tax upon the same income.
b. The national government levies business tax on the sales or gross receipts of business while
local government levies business tax upon the same sales or receipts.
PERFORMANCE OBJECTIVE: After completing this performance task, you were being knowledgeable in
different concepts of tax including the characteristics of tax, objects of taxation, kinds of
taxes, etc.
TOOLS AND MATERIALS: Pen and paper
EQUIPMENT : none
Instructions :
You may prepare it either typed written or written report. Write it legibly.
Tasks must be neat and presentable. Avoid erasures.
GRADES
5 - Excellently Performed
4 - Very Satisfactory Performed
3 - Satisfactory Performed
2 - Fairly Performed
1 - Poorly Performed