For inquiries, contact Atty. Al-zhain I. Sadjail

Cellphone : +63917-108-9411
E-mail address: taylorzero@yahoo.com
Addess:
FH&C
Surban Street (Beside Red Cross Dumaguete)
Dumaguete City, Negros Oriental, Philippines

Tuesday, November 27, 2012

TAX PRINCIPLES


Tax credit generally refers to an amount that is subtracted directly from one’s total tax liability, an allowance against the tax itself, or a deduction from what is owned.
          A tax credit reduces the tax due, including –whenever applicable – the income tax that is determined after applying the corresponding tax rates to taxable income.  (Commissioner of Internal Revenue v. Central Luzon Drug Corporation, G. R. No. 159647, April 15, 2005)

A tax deduction is defined as a subtraction from income for tax purposes, or an amount that is allowed by law to reduce income prior to the application of the tax rate to compute the amount of tax which is due.
          A tax deduction reduces the income that is subject to tax in order to arrive at taxable income. (Commissioner of Internal Revenue v. Central Luzon Drug Corporation, G. R. No. 159647, April 15, 2005)


A tax amnesty is a general pardon or intentional overlooking by the State of its authority to impose penalties on persons otherwise guilty of evasion or violation of a revenue or a tax law. 
          It partakes of an absolute waiver by the government of its right to collect what is due it and to give tax evaders who wish to relent a chance to start with a clean slate. A tax amnesty, much like a tax exemption, is never favored nor presumed in law. The grant of a tax amnesty, similar to a tax exemption, must be construed strictly against the taxpayer and liberally in favor of the taxing authority.  (Philippine Banking Corporation, etc., v. Commissioner of Internal Revenue, G. R. No. 170574, January 30, 2009)

Tax avoidance is the use of legally permissible means to reduce the tax while tax evasion is the use of illegal means to escape the payment of taxes.

Tax sparing is a provision in some tax treaties which provides that the state of residence allows as credit the amount that would have been paid, as if no reduction has been made. (Vogel, Klaus on Double Taxation Conventions, Third Edition, p.1255 cited in Segarra, Venice H, Tax Treaties: Trick or treat ?, Philippine Daily Inquirer, December 6, 2002, p. C5)
          There may be instances where a particular income is exempt from taxation in order to encourage foreign investments which may lead to economic development.  If the tax credit method is used, there would be no more tax to credit since there is no more tax to credit as a result of the tax exemption.  Consequently, when the tax method credit method is applied to these items of income, such incentives are siphoned off since, in effect, the tax benefits are cancelled out.  (Ibid.) Thus, the need for the tax sparing provision.

No comments:

Post a Comment