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Philippine Bar review · Question

Practice question: Double Taxation

Multiple Choice Hard

Practice question

A city taxes a manufacturer under its specific manufacturer-business-tax provision. It then imposes another local business tax under a residual provision applicable only to businesses not otherwise specified. Both charges cover the same business privilege, purpose, city, year and kind of gross-receipts tax. Following City of Manila v. Coca-Cola, which conclusion is strongest?
  1. The residual tax cannot be added in disregard of its scope; the stated features also establish direct duplication
  2. The city may always collect both merely by assigning separate section numbers
  3. The second tax is valid because gross receipts are never relevant
  4. A manufacturer is necessarily outside all local taxing power
  5. A residual provision invariably overrides a specific category

Legal references

  • City of Manila v. Coca-Cola Bottlers Philippines, G.R. 181845, August 4, 2009: https://lawphil.net/judjuris/juri2009/aug2009/gr_181845_2009.html

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