Practice question
Under Gerochi, does incidental revenue alone turn an exaction primarily regulatory in purpose into a tax?
- No
- Yes, every peso collected is necessarily a tax
- Yes, but only if collected electronically
- Yes, if a receipt is issued
- Yes, regardless of the statutory purpose
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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