Tax I Syllabus-1
Tax I Syllabus-1
Tax I Syllabus-1
College of Law
COURSE SYLLABUS
For
TAXATION 1
COURSE DESCRIPTION:
Know and understand the laws, cases and administrative issuances, memorize
important provisions and doctrines, critical and analytical thinking, effective in
written and oral communication, logical reasoning, and sound judgment, exercise
of proper professional and ethical responsibilities.
Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Explain how law is created and enforced by executive,
thinking legislative, and regulatory bodies during class recitation and
discussion.
Effective in written and
oral communication LO2. Analyze the practical and policy implications of current and
proposed statutes, regulations, judicial rulings, legal arguments, and
Logical reasoning
strategies in preparing a Legal Case.
Sound judgment LO3. Assess client concerns and translating them into responsive legal
Exercise of proper arguments and strategies.
professional and ethical LO4. Utilize legal research tools to gather information that aids in the
responsibilities analysis of legal issues in submitting the Research Paper.
ASSESSMENT/GRADING SYSTEM:
Percentage
Scope of (Weight is based
Requirements (Based on the Learning Outcomes) Work(Individu on
al) theimportance
of the LO)
LO1Class recitations and Quizzes Individual
LO2 Individual
LO3 Individual
LO4 - - Research Paper/Case study – optional on part of
professor
LEARNING PLAN:
Course Introduction
Course overview Syllabus Aug. 10-29, Lecture
Course assignments Student’s Handbook 2022 Open Forum
Course requirements Discussion
Course expectations
Difficulty of hurdling
taxation subject in the
annual bar examinations
Recitations;
Lectures (optional on part of Professor); and
Quizzes.
a. Definition of Taxation
b. Definition of Taxes
c. Purposes/Objectives of Taxation
d. Theory and Basis of Taxation
e. Jurisdiction over Subjects and Objects
f. Attributes of Taxation
g. Characteristics of Taxes/Requisites of a Valid Tax
h. Kinds of taxes
i. Taxation as Inherent Power of State
j. Taxation distinguished from 2 other inherent powers
k. Aspects/Stages of Taxation
l. Characteristics/Principles of a Sound Tax System
m. Kinds of Taxes
n. Taxes as distinguished from other impositions/exactions/levies
o. Taxes vs. Set Off/Legal Compensation
p. Equitable Recoupment
q. Lifeblood Doctrine
r. Necessity Theory
s. Benefits-Protection Theory
t. Power to Tax involves the Power to Destroy
u. Kinds of Double Taxation
v. Kinds of Tax Exemptions
w. Principles/Interpretations/Construction on Tax Laws, Tax Exemptions and BIR Rules and
Regulations
x. Prospectivity of Tax Laws
y. Prescriptability/Imprescriptability of Taxes
z. Forms of Escape from Taxation (shifting, tax avoidance and tax evasion)
aa. Difference between Tax Evasion vs. Tax Avoidance
bb. Tax refund
cc. Tax credit
dd. Tax amnesty
ee. Compromise vs. abatement
ff. Judicial Review of Taxation
gg. Taxpayer’s Suit
Module 2 - Limitations
a. Constitutional Limitations – Memorize all tax related provisions (direct and indirect).
Read entire 1987 Constitution again
b. 5 Inherent Limitations
c. Tax Treaty – Read and compare RP-USA Tax Treaty and RP-China Tax Treaty
d. Review landmark cases under PoliLaw relating to constitutional and inherent limitations
B. Income Tax
1. Definition, Nature, and General Principles
a) Criteria in Imposing Philippine Income Tax
b) Types of Philippine Income Taxes
c) Taxable Period
d) Kinds of Taxpayers
2. Income
a) Definition and Nature
b) When Income is Taxable
c) Tests in Determining Whether Income is Earned for Tax Purposes
(1) Realization Test
(2) Economic Benefit Test, Doctrine of Proprietary Interest
(3) Severance Test
d) Tax-Free Exchanges
e) Situs of Income Taxation
3. Gross Income
a) Definition
b) Concept of Income from Whatever Source Derived
c) Gross Income vs. Net Income vs. Taxable Income
d) Sources of Income Subject to Tax
(1) Compensation Income
(2) Fringe Benefits
(3) Professional Income
(4) Income from Business
(5) Income from Dealings in Property
(6) Passive Investment Income
(7) Annuities, Proceeds from Life Insurance or Other Types of Insurance
(8) Prizes and Awards
(9) Pensions, Retirement Benefit or Separation Pay
(10) Income from Any Source
e) Exclusions
(1) Taxpayers Who May Avail
(2) Distinguished from Deductions and Tax Credits
4. Deductions from Gross Income
a) Concept as Return of Capital
b) Itemized Deductions vs. Optional Standard Deduction
c) Items Not Deductible
5. Income Tax on Individuals
a) Resident Citizens, Non-Resident Citizens, and Resident Aliens
(1) Inclusions and Exclusions for Taxation on Compensation Income
(2) Taxation of Business Income/Income from Practice of Profession
(3) Taxation of Passive Income
(4) Taxation of Capital Gains
(5) Capital Asset vs. Ordinary Asset
b) Income Tax on Non-Resident Aliens Engaged in Trade or Business
c) Income Tax on Non-Resident Aliens Not Engaged in Trade or Business
d) Individual Taxpayers Exempt from Income Tax
(1) Senior Citizens
(2) Minimum Wage Earners
(3) Exemptions Granted Under International Agreements
6. Income Tax on Corporations
a) Income Tax on Domestic Corporations and Resident Foreign Corporations
(1) Branch Profit Remittance Tax
(2) Itemized Deductions vs. Optional Standard Deductions
b) Income Tax on Non-Resident Foreign Corporations
c) Income Tax on Special Corporations
d) Exemptions from Tax on Corporations
e) Period Within Which to File Income Tax Return of Individuals and Corporations
f) Substituted Filing
g) Failure to File Returns
7. Withholding Taxes
a) Concept
b) Creditable vs. Withholding Taxes
2. Taxpayer’s Remedies
a) Protesting an Assessment
(1) Period to File Protest
(2) Submission of Supporting Documents
(3) Effect of Failure to File Protest
(4) Action of the Commissioner on the Protest Filed
b) Compromise and Abatement of Taxes
c) Recovery of Tax Erroneously or Illegally Collected
1. General Principles
2. Nature and Source of Taxing Power
a) Grant of Local Taxing Power Under the Local Government Code
b) Authority to Prescribe Penalties for Tax Violations
c) Authority to Grant Local Tax Exemptions
d) Withdrawal of Exemptions
3. Scope of Taxing Power
4. Specific Taxing Power of Local Government Units
5. Common Revenue Raising Powers
6. Community Tax
7. Common Limitations on the Taxing Powers of Local Government Units
8. Requirements for a Valid Tax Ordinance
9. Taxpayer's Remedies
a) Protest
b) Refund
c) Action before the Secretary of Justice
10. Assessment and Collection of Local Taxes
a) Remedies of Local Government Units
b) Prescriptive Period
1. Fundamental Principles
2. Nature
3. Imposition
a) Power to Levy
b) Exemption from Real Property Tax
4. Appraisal and Assessment
a) Classes of Real Property
b) Assessment Based on Actual Use
5. Collection
a) Date of Accrual
b) Periods to Collect
c) Remedies of Local Government Units
6. Taxpayer’s Remedies
a) Contesting an Assessment
(1) Payment Under Protest; Exceptions
b) Contesting a Valuation of Property
(1) Appeal to the Local Board of Assessment Appeals
(2) Appeal to the Central Board of Assessment Appeals
(3) Effect of Payment of Taxes
c) Compromise of Real Property Tax Assessment
POLICIES:
Policies and values that the professor might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.
Approved by: