Philippine Bar review · Question

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

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Practice question

A student says a fund earmarked for a sector must always be nontax, while another says every compulsory sector charge must always be a tax. Use Gerochi to explain why both shortcuts are incomplete.

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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