1 CPA Review School of The Philippines Manila General Principles of Taxation Dela Cruz/De Vera/Lopez/Llamado
1 CPA Review School of The Philippines Manila General Principles of Taxation Dela Cruz/De Vera/Lopez/Llamado
1 CPA Review School of The Philippines Manila General Principles of Taxation Dela Cruz/De Vera/Lopez/Llamado
4. Which of the inherent powers maybe exercised even by public service corporations and public entities
a. Power of taxation
b. Police power
c. Power of eminent domain
d. A and C
8. They exist independent of the constitution being fundamental powers of the state, except
a. Power of taxation
b. Police power
c. Power of eminent domain
d. People power
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9. The power to acquire private property upon payment of just compensation for pu lic purpose
a. Power of taxation
b. Police power
c. Power of eminent domain
d. Power of recall
10. The power to regulate liberty and property to promote the general welfare
a. Police power
b. Power of taxation
c. Power of eminent domain
d. Super power
13. The tax imposed should be proportionate to the taxpayer's ability to pay
a. Fiscal adequacy
b. Equality or theoretical justice
c. Administrative feasibility
d. Economic consistency
14. The sources of revenue as a whole, should be sufficient to meet the demands of public expenditures
a. Fiscal adequacy
b. Equality or theoretical justice
c. Administrative feasibility
d. Revenue generation
15. The tax laws must be capable of convenient, just and effective administration
a. Fiscal adequacy
b. Equality or theoretical justice
c. Administrative feasibility
d. Internal acceptability
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18. Statement 1 — The point on which a tax is originally imposed is impact of taxation
Statement 2 — Police power is superior to the non-impairment clause of the constitution Statement
3 — As a rule, taxes are subject to set-off or compensation Statement 4 — As a rule, provisions on
the validity of tax exemptions are resolved liberally
in favor of the taxpayer
Statement 1 Statement 2 Statement 3 Statement 4
a. True False False False
b. True True False True
c. True True False False
d. False True False False
19. The levying or imposition of tax, and the collection of the tax are processes which constitute the
taxation system
a. Basis of taxation
b. Aspects of taxation
c. Nature of taxation
d. Theory of taxation
20. The process or means by which the sovereign, through its law-making body raises income to defray the
expenses of the government
a. Toll
b. License fee
c. Taxation
d. Assessment
21 Enforced proportional contributions from persons and property levied by the state by virtue of its
sovereignty for the support of the government and for all public needs
a. Toll
b. License fee
c. Taxes
d. Assessment
22. Persons or things belonging to the same class shall be taxed at the same rate
a. Simplicity in taxation
b. Reciprocity in taxation
c. Equality in taxation
d. Uniformity in taxation
23. The tax should be proportional to the relative value of the property to be taxed
a. Simplicity in taxation
b. Reciprocity in taxation
c. Equality in taxation
d. Uniformity in taxation
25. It literally means "place of taxation"; the country that has the power and jurisdiction to levy and
collect the tax
a. Basis of taxation
b. Situs of taxation
c. Scope of taxation
d. Theory of taxation
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26. The existence of the government is a necessity and that the state has the right to compel all
individuals and property within its limits to contribute
a. Basis of taxation
b. Situs of taxation
c. Scope of taxation
d. Theory of taxation
27. The reciprocal duties of support and protection between the people and the government
a. Basis of taxation
b. Situs of taxation
c. Scope of taxation
d. Theory of taxation
28. A tax must be imposed for public purposes. Which of the following is not a public purpose
a. National defense
b. Public education
c. Improvement of the sugar and coconut industries
d. Improvement of a subdivision road
30. Special assessment is an enforced proportional contribution from owners of land especially benefited
by the public improvement. Which one of the following is not considered as one of its characteristics?
a. It is levied on land
b. It is based on the government's need of money to support its legitimate objectives
c. It is not a personal liability of the persons assessed
d. It is based solely on the benefit derived by the owners of the land
31. It is the privilege of not being imposed a financial obligation to which others are subject
a. Tax incentive
b. Tax exemption
c. Tax amnesty
d. Tax credit
32. As to scope of the legislative power to tax, which is not correct?
a. Where there are no constitutional restrictions, and provided the subjects are within the territorial
jurisdiction of the state, Congress has unlimited discretion as to the persons, property or occupations to
be taxed.
b. In the absence of any constitutional prohibition, the House of Representatives has the right to levy a
tax of any amount it sees fit.
c. The discretion of Congress in imposing taxes extends to the mode, method or kind of tax, if not
restricted by the constitution.
d. The sole arbiter of the purpose for which taxes shall be levied is CIR, provided the purpose is public
but the courts may review the levy of the tax to determine whether or not the purpose is public.
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35. An escape from taxation where the tax burden is transferred by the one on whom the tax is imposed or
assessed to another
a. Shifting
b. Exemption
c. Transformation
d. Capitalization
36. An escape from taxation where the producer or manufacturer pays the tax and endeavors to recoup such
payment by improving his process of production thereby turning out his units of products at a lower cost
a. Shifting
b. Exemption
c. Transformation
d. Capitalization
37. An escape from taxation where there is a reduction in the price of the taxed object equal to the capitalized
value of future taxes which the taxpayer expects to be called upon to pay
a. Shifting
b. Exemption
c. Transformation
d. Capitalization
38. The use of illegal or fraudulent means to avoid or defeat the payment of tax
a. Shifting
b. Exemption
c. Avoidance
d. Evasion
42. In every case of doubt, tax statutes are construed
a. Strictly against the government and the taxpayer
b. Liberally in favor of the government and the taxpayer
er
c. Strictly against the government and liberally in favor of the taxpay
r
d. Liberally in favor of the government and strictly against the taxpaye
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43. In every case of doubt, tax exemptions are construed
a. Strictly against the government and the taxpayer
b. Liberally in favor of the government and the taxpayer
c. Strictly against the government and liberally in favor of the taxpayer
d. Liberally in favor of the government and strictly against the taxpayer
44. In case of conflict between the Tax Code and the Philippine Accounting Standar s (PAS)
a. PAS shall prevail over the Tax Code
b. Tax Code shall prevail over PAS
c. PAS and Tax Code shall be both disregarded
d. The taxpayer may choose between the PAS or the Tax Code
45. Tax of a fixed amount imposed upon all persons residing within a specified territory without regard to
their property or occupation they may be engaged in
a. Personal, poll or capitation
b. Property
c. Excise
d. Regressive
47. Tax imposed upon the performance of an act, the enjoyment of privilege or the ngaging in an
occupation.
a. Personal, poll or capitation
b. Property
c. Excise
d. Regressive
it
48. Tax which is demanded from the person whom the law intends or desires to pay
a. Direct
b. Indirect
c. Excise
d. Percentage
53. Tax where the rate decreases as the tax base increases
a. Proportional
b. Progressive
c. Regressive
d. Indirect
54. Tax where the rate increases as the tax base increases
a. Proportional
b. Progressive
c. Regressive
d. Indirect
56. The strongest of all inherent powers of the state because without it, the government can neither
survive nor dispense any of its other powers and functions effectively.
a. Police Power
b. Power of Eminent Domain
c. Power of Taxation
d. Power of Recall
57. This power is superior to the non-impairment clause and is broader in application because it is a
power to make and implement the laws.
a. Power of Taxation
b.. Power of Recall
c. Power of Eminent Domain
d. Police Power
of Taxation?
59. Which of the following is not a constitutional limitation on the Power
ue process of law.
a. No person shall be deprived of life, liberty or property without d
b. No person shall be denied the equal protection of the law.
c. No person shall be imprisoned for debt or non-payment of tax.
oncurrence of a majority of all
d. No law granting any tax exemption shall be passed without the c the
members of Congress.
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60. The distinction of a tax from permit or license fee is that a tax is:
a. Imposed for regulation.
b. One which involves an exercise of police power.
c. One in which there is generally no limit on the amount that may be imposed.
d. Limited to the cost of regulation.
62. A tax wherein both the incidence of or the liability for the payment of the tax as well as the burden of
the tax falls on the same person.
a. Direct tax
b. Value added tax
c. Indirect tax
d. Percentage tax
66. One of the characteristics of internal revenue laws is that they are:
a. Criminal in nature;
b. Penal in nature;
c. Political in nature;
d. Generally prospective in application.
68. The following are similarities of the inherent power of taxation, eminent domain, and police
power, except one:
a. Are necessary attributes of sovereignty;
b. Superior to the non-impairment clause of the constitution
c. Compensation/benefit is received;
d. Are legislative in character.
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69. Which of the following is not a scheme of shifting the incidence of taxation?
a. The manufacturer transfers the tax to the consumer by adding the tax to the selling price of the goods
sold;
b. The purchaser asks for a discount or refuses to buy at regular prices unless it is reduced by the
amount equal to the tax he will pay;
c Changing the terms of the sale like FOB shipping point in the Philippines to FOB destination
abroad, so that the title passes abroad instead of in the Philippines;
d. The manufacturer transfers the sales tax to the distributor, then in turn to the wholesaler, in turn to the
retailer and finally to the consumer.
73. Which tax principle is described in the statement 'The more income earned by the taxpayer, the more tax
he has to pay.
a. Fiscal adequacy
b. Theoretical justice
c. Administrative feasibility
d. Inherent in sovereignty
74. The most superior and least limitable among the fundamental powers of the state:
a. Power of recall
b. Police power
c. Power of taxation
d. Power of eminent domain
76. The following are the characteristics of our internal revenue laws except:
a. Political in nature;
b. Civil in nature;
c. Generally prospective in application
d. May operate retrospectively if congress so provides
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80. Under this basic principle of a sound tax system, the Government should not incur a deficit:
a. Theoretical justice
b. Administrative feasibility
c. Fiscal Adequacy
d. Uniformity in taxation
81. Which of the following may not raise money for the government?
a. Power of taxation
b. Police power
c. Eminent domain
d. License fees
87. No person shall be imprisoned for debt or non-payment of poll tax. This is a (an)
a. Inherent limitation
b. Constitutional limitation
c. International limitation
d. Territorial limitation
88. The Department of Finance thru its officers entered into a contract with foreign investors, granting
them exemption from all forms of taxes to encourage investments in the Philippines. The contract is
a. Void, unless the President ratifies
b. Void, because the power to grant tax exemption is vested in Congress
c. Valid, if the President has authorized the officers to enter into such contract
d. Valid, because the purpose is to promote public welfare
90. Congress can impose a tax at any amount and at anytime shows that
a. Taxation is an inherent power of the estate
b. Taxation is essentially a legislative power
c. Taxation is a very broad power of the state
d. Taxation is based on taxpayers' ability to pay
91. The amount required is dictated by the needs of the government in:
a. License fee
b. Tax
c. Toll
d. Debts
92. A charge imposed on land for special benefits derived resulting from public improvements
a. Tax
b. Toll
c. License
d. Special assessment
96. I. Police power regulates both liberty and property while the power of eminent domain and the
power of taxation affect only property rights
II. Police power and the power of taxation may be exercised only by the government while the power
of eminent domain may be exercised by some private entities.
a. True, true
b. True, false
c. False, true
d. False, false
97. I. The property taken in police poWer is destroyed while the property taken under the power of
eminent domain and power of taxation are not destroyed.
II. In power of taxation, the compensation received is the protection afforded to the citizens; in police
power the compensation received is the altruistic feeling that somehow you contributed to the
promotion of the general welfare; in power of eminent domain, the compensation received is the just
compensation paid for the property taken.
a. True, true
b. True, false
c. False, true
d. False, false
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106. I. A state has the power to tax even if not granted by the constitution
tion
II. A state cannot exercise police power if not granted by the constitu
a. True, true
b. True, false
c. False, true
d. False, false
tax.
107. I. There can only be a tax if there is a law imposing the II.
The power to tax may include the power to destroy
c. False, true
d. False, false
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108. I. Due process of law in taxation under the constitution is a grant of power II.
Provisions in the Philippine constitution on taxation are grants of power
a. True, true
b. True, false
c. False, true
d. False, false
112. 1. Tax avoidance is the use by the taxpayer of legal or fraudulent means to avoid or
defeat taxes.
II. Tax evasion is the use by the taxpayer of illegal or fraudulent means to avoid or
defeat taxes.
a. True, true
b. True, false
c. False, true
d. False, false
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115. I. The President has the power to veto a revenue bill even if such bill was already approved by
Congress.
II. The President is superior to Congress as he/she can veto any bill even if already approved
by Congress.
a. True, true
b. True, false
c. False, true
d. False, false
116. A system of taxation where the amount of revenue from indirect taxes are more than the direct
taxes is
a. Progressive system
b. Regressive system
c. Proportional system
d. Schedular system
117. Congress passed a law which granted tax amnesty to those who have not paid their income taxes
in 2010 but did not provide for the refund to those who paid. Is the law valid?
a. No, this will encourage taxpayers not to pay their taxes
b. Yes, Congress has the sole discretion of determining whom to tax
c. No, the grant of amnesty is the sole prerogative of the President
d. Yes, Congress provided for a valid classification.
118. Congress passed a law imposing taxes on income earned out of a particular activity that was not
previously taxed. The law, however, taxed incomes already earned within the fiscal year when the law
took effect. Is the law valid?
a. No, because laws are intended to be prospective, not retroactive.
b. No, the law is arbitrary in that it taxes income that has already been spent.
c. Yes, since tax laws are the lifeblood of the nation.
d. Yes, tax laws are an exception; they can be given retroactive effect.
119. Money collected from taxation shall not be paid to any religious dignitary EXCEPT when
a. The religious dignitary is assigned to the Philippine Army.
b. It is paid by a local government unit.
c. The payment is passed in audit by the COA.
d. It is part of a lawmaker's pork barrel.
120. Which theory in taxation states that without taxes, a government would be paralyzed for lack of
power to activate and operate it, resulting in its destruction?
a. Power to destroy theory
b. Lifeblood theory
c. Sumptuary theory
d. Power of love theory
121. Double taxation in its general sense means taxing the same subject twice during the same
taxing period. In this sense, double taxation
a. Violates substantive due process
b. Does not violate substantive due process
c. Violates the right to equal protection
d. Does not violate the right o equal protection
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122. The actual effort exerted by the government to effect the exaction of what is due from the
taxpayer is known as
a. Assessment
b. Levy
c. Payment
d. Collection
123. Although the power of taxation is basically legislative in character, it is NOT the function of
Congress to
a. Fix with certainty the amount of taxes
b. Collect the tax levied under the law
c. Identify who should collect the tax
d. Determine who should be subject to the tax
124. An example of a tax where the concept of progressivity finds application is the
a. Income tax on individuals
b. Excise tax on petroleum products
c. Value-added tax on certain articles
d. Amusement tax on boxing exhibitions
125. The power to tax is the power to destroy. Is this always so?
a. No. The Executive Branch may decide not to enforce a tax law which it believes to be
confiscatory.
b. Yes. The tax collectors should enforce a tax law even if it results to the destruction of the
property rights of the taxpayer.
c. Yes. The tax laws should always be enforced because without taxes the very existence of the
State is endangered.
d. No. The Supreme Court may nullify a tax law, hence, property rights are not affected.
THE END
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