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Philippine Bar review · Question

Practice question: Concept, Nature, Purpose, and Basis of Taxation

Multiple Choice Medium

Practice question

A statute primarily raises money for public expenditure and only incidentally discourages a regulated activity. A challenger says any regulatory effect makes it necessarily a fee rather than a tax. Apply Gerochi.
  1. The primary revenue purpose supports tax classification despite incidental regulation
  2. Any regulatory effect conclusively prevents tax classification
  3. Only the name printed on the payment form matters
  4. A deterrent effect makes every public imposition a donation
  5. The legislative purpose is legally irrelevant

Legal references

  • Gerochi v. DOE, GR159796, July17 2007 ENBANC MAIN: https://lawphil.net/judjuris/juri2007/jul2007/gr_159796_2007.html MAIN purpose-based distinction between taxation and police-power exactions.
  • Lutz v. Araneta, GRL-7859, December22 1955 MAIN: https://lawphil.net/judjuris/juri1955/dec1955/gr_l-7859_1955.html MAIN regulatory taxation and sugar-industry public-welfare rationale.

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