TAXATION LAW BAR Q&A FREQUENCY TABULATION

GENERAL TOPIC General Principles 5 TIMES OR MORE 3 TO 4 TIMES Power to tax and its limitations Direct and indirect taxes 1 TO 2 TIMES Tax avoidance and tax evasion Tax benefit rule Rule of uniformity and equality Set-off or compensatiom of taxes Impairment of obligations and contracts Tax amnesty vs. tax exemption Double taxation Stages or aspects of taxation Revenue bill originates in House of Representatives Constitutional exemption of Charitable Institutions Tax Pyramiding Taxation vs. eminent domain Income Taxation Taxable income Personal exemptions Capital gains tax Deductibility of bad debts Proceeds of life insurance policy Capital asset vs. ordinary asset Capital losses from ordianry gains Interest received from local/foreign/offshore banks Due process Exclusions from gross income Exclusions from gross income compensation Exclusions from gross income separation pay Reasonable allowance of depreciation Income subject to final tax Prizes and winnings Dividends received by a domestic corporation Stock dividends Fringe benefit tax

Filing of ITR - Individual Concept of withholding tax Nonresident alien doing business in the Philippines Global and Schedular Systems of Taxation Requisites for the exemption from income tax of retirement benefits under RA 4917 and RA 7641 Exclusions from gross income - monthly pension from GSIS 13th month pay and de minimis benefits Deductions from gross income Deductibility of Interest Expenses Deductibility of losses Deductibility of insurance premiums Deductions allowed to compensation earners Exemption from capital gains tax Royalty income subject to final tax Final tax on cash dividends Minimum corporate income tax Procedures for the filing of returns of domestic corporation Exemption from MCIT Income from illegal sources Withholding agent Income of an international air carrier Transfer and Business Taxes Donor's tax Requisites for the exemption of donations and contributions to non-stock, non-profit private educational institutions Gross estate of a resident citizen decedent Tax exemption given to expatriates Gross estate of a resident alien decedent

VAT

Transfer in contemplation of death

Proceeds of life insurance policy - gross estate VAT exempt vs. Zero Rated VAT VAT on professionals Donation to political candidate Exemption from donor's tax Vanishing deductions Deductions from gross estate Medical and funeral expenses Filing of estate tax returns Payment of estate tax Transactions deemed sales Prescriptive period for collection of taxes Collection of taxes thru judicial action Filing of criminal complaint Compromise penalty Compromise Exhaustion of administrative remedies of taxpayer Prescriptive period for assessment of taxes in case of fraudulent returns Prescriptive period for Refund BIR rulings Power of the Commissioner to abate or cancel tax liability Power of the Commissioner to obtain information from other persons Power of the Commissioner to grant credit or refund without written claim Requirement for informer's award

Tax Remedies Under the NIRC

Tax credit or tax refund

Prima facie evidence of a false or fraudulent return When criminal violations may be compromised Tax credit or tax refund - taxes illegally or erroneously received Prescriptive period for assessment of taxes

Tax Enforcement and Administration

Power of the Commissioner to inquire into bank deposits of taxpayer

Local Taxation

Power to tax of LGUs

Different types of taxes which may be imposed by a city or province government LGUs who may impose ad valorem tax Franchise tax Constitutionality of tax ordinance appealable to the Sec. of Finance Professional tax Constitutional provision on revenues and assets of non=stock, non-profit educational institutions Fundamental principles governing real property taxation which are limitations on the taxing power of LGUs Definition of real property subject to RPT Constitutional provision on real property taxes Properties exempt from RPT under LGC Classification of real property for tax purposes Marking Duty, Discriminatory Countervailing duty, Dumping Duty Returning residents, definition Flexible tariff clause, definition Automatic review procedure in the BOCC Basis of dutiable value Exemption from custom duties Jurisdiction of the CTA over decisions of the BIR Commissioner Jurisdiction of the CTA on deficiency tax assessment Jurisdiction of the CTA over decisions of the City Board of Assessment Appeals Ancillary jurisdiction of CTA to issue writ of injunction or prohibition

Real Property Taxation

Exemption from real property taxes

Tariff and Customs Code

Administrative remedy of seizure

Court of Tax Appeals

Jurisdiction of the CTA over decisions of the Collector of Customs involving seizures