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Unlock Your Success in Taxation Law: The Essential Bar Exam Reviewer

Are you tackling Taxation Law for your bar exams or seeking a comprehensive guide to understanding the intricacies of the Philippine tax system? Look no further! This ebook, “Bar Exam Reviewer: General Concepts and Principles of Taxation,” is your indispensable resource for mastering this critical area of law.

Drawing directly from up-to-date legal sources and landmark Supreme Court decisions, this ebook provides a clear, concise, and insightful exploration of fundamental taxation concepts and principles.

Inside this ebook, you’ll discover:

• Foundational Concepts: Understand the definition and purposes of taxation, including its role in funding public services and as a tool of police power. Explore the symbiotic relationship between the government and its citizens in the context of taxation.
• Inherent Powers and Limitations: Grasp the distinction between taxation and police power and delve into the legislative nature of taxation and the permissible limits of delegation. Learn about the crucial aspects of due process in taxation and the principle of territoriality.
• Constitutional Safeguards: Examine the inherent and constitutional limitations of taxation, including the prohibition on Local Government Units (LGUs) taxing the National Government and the rules on tax exemptions. Understand how the statute of limitations and the doctrine of estoppel affect the government’s power to tax.
• Requisites of a Valid Tax: Gain a deep understanding of the essential elements of a valid tax, including imposition by a competent authority, for a public purpose, and adhering to the principles of uniformity and equity.
• Key Doctrines: Familiarize yourself with relevant doctrines such as the requirement of payment under protest, and the rules of construction for tax refunds and laws. Understand the implications of the Supreme Court’s ruling in Tullet Prebon vs. CIR and McDonald’s vs. CIR regarding the prescriptive period for tax assessments.
• The Lifeblood Doctrine: Appreciate the significance of the lifeblood doctrine and its manifestations, including the prohibition on injunctions against tax collection and the principle that taxes are not subject to set-off.
• Authority of Tax Officials: Learn about the delegated powers of Congress, the Secretary of Finance, and the Commissioner of Internal Revenue (CIR) in the administration and implementation of tax laws.
• Construction and Interpretation of Tax Laws: Master the rules for interpreting tax laws, rules, and regulations, including the principles of strict construction and the prohibition against the BIR modifying the law through its issuances.
• Double Taxation: Differentiate between direct and indirect double taxation and understand when it is considered objectionable. Explore legal precedents such as City of Manila vs. Coca-Cola and CIR vs. BPI.
• Mitigating Double Taxation: Discover various mechanisms to mitigate double taxation, including tax exemptions (personal vs. impersonal), tax credits (including Creditable Withholding Tax), tax deductions and discounts, and the reciprocity principle.
• Escape from Taxation: Understand the concepts of shifting of tax burden and the crucial distinction between tax avoidance and tax evasion (including relevant jurisprudence).
• Tax Exemption in Detail: Explore the nature of tax exemptions, differentiating between exempt persons and exempt transactions. Learn about express and implied tax exemptions, contractual tax exemptions, and the rules for the construction and revocation of tax exemption laws. Understand exemptions for various institutions.
• Tax Compromise and Amnesty: Delve into the processes and grounds for tax compromise and tax amnesty.
• Taxpayer’s Suit: Understand the rationale and requisites for filing a taxpayer’s suit.

This ebook is meticulously organized and clearly written to facilitate effective learning and retention. It goes beyond simple definitions by providing explanations, examples, and references to relevant case law, ensuring you develop a strong and nuanced understanding of taxation law principles.

Whether you are a law student preparing for exams, a bar review candidate seeking a comprehensive resource, or a legal professional looking to refresh your knowledge, this ebook is an invaluable addition to your library.

Invest in your success today! Get your copy of “Bar Exam Reviewer: General Concepts and Principles of Taxation” now!