Tag: tax exemption

— Constitutional Law, Taxation —

SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

November 3, 2017

  FACTS: On February 18, 2002, Smart filed a special civil action for declaratory relief for the ascertainment of its rights and obligations under the Tax Code of the City of Davao, which imposes a franchise tax on businesses enjoying a franchise within the territorial jurisdiction of Davao. Smart avers that its telecenter in Davao City… Read More SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

— Taxation —

CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

November 2, 2017

FACTS: Petitioner, seeks a reversal of the Decision of respondent CA, dated Aug. 27, 1990, in CA-G.R. SP No. 20426, entitled “Commissioner of Internal Revenue vs. GCL Retirement Plan, represented by its Trustee-Director and the Court of Tax Appeals,” which affirmed the Decision of the latter Court, dated 15 December 1986, in Case No. 3888,… Read More CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

— Taxation —

CAMP JOHN HAY VS. LIM G.R. No. 119775 MARCH 29, 2005 Taxation, Tax exemption

October 25, 2017

FACTS: Petitioners filed their Petition for prohibition, mandamus and declaratory relief assailing (1) the constitutionality of Proclamation No. 420 and (2) the legality of the Memorandum of Agreement and Joint Venture Agreement previously entered into between public respondent BCDA and private respondents. Section 3 of Proclamation No. 420 was declared NULL AND VOID and is… Read More CAMP JOHN HAY VS. LIM G.R. No. 119775 MARCH 29, 2005 Taxation, Tax exemption

— Taxation —

AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

October 23, 2017

FACTS: Aguinaldo Industries Corp. is engaged in the manufacture of fishing nets, a tax-exempt industry, and the manufacture of furniture. For accounting purposes, each division is provided with separate books of accounts. Previously, Aguinaldo Industries acquired a parcel of land in Muntinglupa,Rizal, as site of the fishing net factory. This transaction was entered in the… Read More AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

— Taxation —

PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

October 6, 2017

  FACTS:  PLDT paid a franchise tax equal to three percent (3%) of its gross receipts. The franchise tax was paid “in lieu of all taxes on this franchise or earnings thereof” pursuant to RA 7082. The exemption from “all taxes on this franchise or earnings thereof” was subsequently withdrawn by RA 7160 (LGC), which… Read More PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

— Political Law, Taxation —

Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation

October 6, 2017

The Power of Taxation   Can taxes be subject to off-setting or compensation?   Held: Taxes cannot be subject to compensation for the simple reason that the government and the taxpayer are not creditors and debtors of each other. There is a material distinction between a tax and debt. Debts are due to the Government… Read More Sandoval Notes – Political Law Part V Constitutional Law – Power of Taxation