Part 1 Answer: D GENERAL PRINCIPLES 7. One of the following is a primary purpose of taxation a. Protection of local institute against foreign competition through imposition of high customs duties on imported goods; b. Reduction of inequalities in wealth and income by imposing progressively higher tax rates; c. To secure revenue for the support of the government. d. Strengthening of anemic enterprises by giving tax exemptions. MUTIPLE CHOICE: Choose the correct answer. 1. The process by which the sovereign raises income to defray the expenses of the government is called[RPCPA] a. subsidy b. tariff c. taxation d. tribute Answer: C 2. One of the characteristics of internal revenue tax is that they are [RPCPA] a. Criminal in nature b. Penal in nature c. Political in nature d. Generally prospective in application Answer: D 3. In case of conflict between tax laws and generally accepted accounting principles (GAAP)[RPCPA] a. Both tax laws and GAAP shall be enforced. b. GAAP shall prevail over tax laws. c. Tax laws shall prevail over GAAP. d. The issue shall be resolved by the court. Answer: C 4. Which of the following has no power of taxation? [RPCPA} a. Provinces b. Cities c. Barangays d. Barrios Answer: D 5. “Schedular system of income taxation” means [RPCPA] a. All types of income are added together to arrive at gross income. b. Separate graduated rates are imposed on different types of income. c. Capital gains are excluded in determining gross income. d. Compensation income and business/professional income are added together in arriving at gross income. Answer: B 6. Which of the following statements is true? a. Opinions of legal luminaries are sources of tax laws. b. The Constitution grants exemption from all kinds of taxes to religious and charitable organizations. c. Because the power to tax is unlimited, comprehensive, plenary and supreme, the power to tax can reach over into any jurisdiction to seize upon person or property. d. The “benefit-protection theory “is the source of the “doctrine of symbiotic relationship.” Answer: C 8. Which of the following is not a secondary purpose of taxation? a. To serve as key instrument of social control. b. To effect a more equitable distribution of wealth among people. c. To achieve social and economic stability. d. To raise revenue to defray the necessary expenses of the government. Answer: D 9. Which is the best answer? A tax reform at any given time underscores that fact that [RPCPA] a. Taxation is an inherent power of the state. b. Taxation is essentially a legislative power. c. Taxation is a power that is very broad. d. The state can and should adopt progressive taxation. Answer: C 10. The legislative body can impose a tax at any amount underscores the legal truism that taxation is [RPCPA] a. An inherent power of the tax. b. A very broad power of the state. c. Essentially a legislative power. d. For public purposes. Answer: B 11. All of the following, except one, are basic principles of the sound tax system a. Fiscal adequacy b. Theoretical justice c. Administrative feasibility d. Inherent in sovereignty Answer: D 12. Under this basic principle of sound tax system, the government should not in incur a deficit [RPCPA] a. Theoretical justice b. Administrative feasibility c. Fiscal adequacy d. None of the above Answer: C 13. The following, except one, one are basic principles of a sound tax system. a. It should be capable of being effectively enforced. b. It must be progressive. c. Sources of revenue must be sufficient to meet government expenditures and other public needs. d. It should be exercised to promote public welfare. Answer: D 14. Which of the following is not one of the canons of a sound tax system? a. Quantifiability b. Equality c. Certainty d. Convenience Answer: A 15. The requirement of equality or theoretical justice is complied with if the tax is a. Progressive b. Regressive c. Ad valorem d. Specific Answer: A 16. The power of taxation can only be exercised by the lawmaking body a. Subject to constitutional and inherent limitations b. Equality or theoretical justice c. Legislative in character d. Inherent in sovereignty Answer: C 17. The President of the Philippines and the Prime Minister of Japan entered into an executive agreement in respect of loan facility to the Philippines from Japan whereby it was stipulated that interest on loans granted by private Japanese financial institutions in the Philippines shall not be subject to Philippine income taxes. What basic characteristic of taxation has been violated by this agreement? a. Inherent limitation b. Theoretical justice c. Legislative in character d. Administrative feasibility Answer: C 18. Which statement gives the correct answer? That a feasibility study needs or need to look into taxes of different political subdivisions of government which may be alternative sites of the business because [RPCPA] a. Provinces, cities and municipalities must have uniform taxes between and among themselves. b. The local taxes of a political subdivision need not be uniform with the local taxes of another political subdivision. c. Businesses that are subject to national taxes are exempted from local business taxes. d. Local business taxes may be credited against national business taxes. Answer: B 19. The power of taxation is inherent in sovereignty being essential to the existence of every government. Hence, even if not mentioned in the Constitution, the state can still exercise the power. It is essentially a legislative function. Even in the absence of any constitutional provisions, taxation power falls to Congress as part of the general power of lawmaking. [RPCPA] a. False, False b. False, True c. True, True d. True, False Answer: C 20. Those restrictions on the exercise of the power of taxation that one found in the constitution or implied from its provisions? a. Theoretical justice b. Legislative in character c. Inherent limitations d. Constitutional limitations Answer: D 21. Which of the following statements is not correct? [RPCPA] a. Taxes may be imposed to raise revenue or to provide disincentives to certain activities within state. b. The state can have the power of taxation even if the constitution does not expressly give it the power to tax. c. For the exercise of the power of taxation, the state can tax anything at any time. d. The power of taxation in the Philippines Constitution are grants of power and no limitations on taxing power. Answer: D 22. One of the following is not inherent limitations on the exercise of the power of taxation – a. International comity b. Double taxation c. Non-delegation of the legislative power to tax d. Territoriality Answer: B 23. The City Council passed an ordinance imposing an occupation tax on air conditioning technician. Code is the only person with such occupation in the city. He challenged the validity of the ordinance as being discriminatory since he is the only one adversely affected. a. The contention of code is tenable b. The ordinance is unconstitutional because Conde is denied of his right to equal protection of the law c. The contention of Conde is not justified because the rule on c. uniformity is not violated is not violated considering that the ordinance would also be imposed on all air conditioning technician who may come within the jurisdiction of the city d. The issue on validity or invalidity of the ordinance should be set aside Answer: C 24. Treating the persons who are similarity situated in the same manner- a. Uniformity of taxation; b. Equality of taxation c. Due process of law d. Non-delegation of legislative power Answer: B 25. All subject or object that are situated are treated alike as to the burden that may be the benefits that may result a. equitable c. uniformity b. Proportional d. progressive Answer: C 26. A tax law is not violative of the due process when it is a. Arbitrary c. excessive b. Discriminatory d. proportionate Answer: D 27. Which of the following is violative of the uniformity rule in taxation? a. Different tax rates on boarding stables for racehorses and boarding houses that are not for racing; b. Wholesale dealers in oil are subject to occupation tax while wholesale dealers in other articles such as sugar, bacon , coal, iron and other things are not so subject; c. A road users’ tax imposed on all motor vehicles registered and operating in the City of Manila but does not subject vehicles not registered therein but also operating temporarily in said city; d. A tax of P2 per square meter or fraction thereof is imposed on every billboard or sign anywhere in the country. Answer: C 28. The Lung Center of the Philippines’, a charitable institution, is erected in the middle of a twelve hectare lot: I. A big space at its ground floor is being leased to private parties, for canteen and small store spaces, and to medical or professional practitioners who use the same as their private clinics for their patient whom they charge for their professional services. II. The rest of the portions of the building are used for its patient, whether paying or non-paying. III. Almost one of the entire area of the lot on the left side of the building is vacant and idle. IV. A big portion on the right side is being leased for commercial purposes to a private enterprise known as Elliptical Orchids & Garden Center. Which portion is subject to real property tax? a. I only b. I and II c. III and IV d. I, II and Iv Answer: D 29. Statement 1: The constitutional exemption on income taxes, property taxes and customs duties is allowed on non-stock, non-profit educational institutions only. Statement 2: A building being leased by its owner to a private educational institution for use as classrooms is exempt from property tax. Statement 3: Income of a non-stock, non-profit educational institutions run by the Archdiocese is exempt from tax provided that the incomes are actually, directly and exclusively used educational purposes. Which of the above statements are correct? a. Statement 1 only b. Statement 1 & 2 c. Statement 2 only d. All of them Answer: D 30. Which of the following statements is not correct? [RPCPA] a. An inherent limitation of taxation may be disregarded by the application of a constitutional limitation. b. The property of an educational institution operated by a religious order to exempt from property tax, but its income is subject to income tax. c. The prohibition of delegation by the state of the power of taxation will still allow the Bureau of Internal Revenue to modify the rules on time for filling of returns and payment of taxes. d. The power of taxation is shared by the legislative and executive departments of government. Answer: B 31. Saint Anthony College (SAC) is non-stock, non-profit educational institutions. It owns a 5 hectare lot one-half of which being used as its school campus while the other half is vacant. To cope with the increasing operating costs and to upgrade its facilities. SAC plans to do the following effective January 1, 2006: (1) rent out to a marketing firm the vacant portion of the lot; (2) increase tuition fees by 10% in accordance with government regulations; and (3) import 20 sets of computers for use in its computer courses. Which of the following questions is answerable by “Yes.”? a. Is SAC subject to real estate tax on the one-half portion to be rented out to a business establishment? b. Will be exempt from income tax on its rental to the marketing firm? c. Will the increase in tuition fees be subject to income tax if it results to a net income from school operations? d. Will it be subject to customs duties on the importation of the computers? Answer: A 32. The Bicol School of Business and Arts. A proprietary educational institution which is offering primary, secondary and tertiary education is registered with and accredited by the Department of Education (DepEd) and the Commission on Higher Education (CHED). Which of the following is exempt from tax? What king of tax? a. The importation of laboratory equipmentsfrom custom duties. b. The school building being rented by the school – from real property tax. c. A portion of the school building being leased to a fastfood chain – from real property tax. d. The income from operation – from income tax. Answer: B 33. Assuming that the school in the preceding number is a non-stock non-profit educational institution. Which of the following is subject to tax? What kind of tax? a. The school building owned by the school – from real estate tax. b. The school building being rented by the school – from real property tax. c. A portion of the school building being leased to a fastfood chain – from real property tax. d. The income from operation – from income tax. Answer: C 34. The Municipality of Monte Cristo has a ten (10) hectare cemetery consisting of four (4) different cemeteries which are owned by different entities. Which of the following is subject to real estate tax? a. Cementerio Municipal del Monte Cristo – a government cemetery owned by the municipality which was established for the purpose of using it as a burial ground of the paupers in Monte Cristo. b. Monte Cristo Catholic Cemetery – owned by the Catholic Church payments are remitted to the Catholic Church and for the improvement of the cemetery. c. Happy Trip Memorial Park – owned by a corporation where dividends are distributed to the shareholders at end of the year. d. Quita-Quita Memorial Park – owned by an association consisting one hundred (100) different families; each family owns several square meters of lot; not a single portion held for sale to either member or non-member of the association. Answer: C 35. All appropriation, revenue or tariffs bills, bills authorizing increase of the public debt, bills of local application, and the private bills shall originate exclusively in the [RPCPA] a. Office of the President b. House of the Representatives c. Senate d. Supreme Court Answer: B 36. Which statement is wrong? Tax laws [RPCPA] a. Must originate from the House of Representative and on which same bill the senate may purpose amendments. b. May originate from the Senate and on which same bill the House of Representative may purpose amendments. c. May have a House version and Senate version approved separately. d. May have recommended by the President to Congress. Answer: B 37. Congressman Luis R. Villafuerte of the 2nd district of Camarines Sur and Senator Juan Pone Enrile sponsored to bill in the House of Representatives and the Senate, respectively, increasing the personal exemptions of individuals taxpayers as well as granting tax exemption to minimum wage earners. Which of the following is correct? a. The senate bill should be discussed a head of the house bill. b. The senate and the house bills maybe discussed at the same time in both houses. c. The houses bill should be discussed ahead of the senate bill. d. No priority; each bill can be discussed ahead of the other. Answer: C 38. No law granting any tax exemption shall be passed without the concurrence of [RPCPA] – a. Majority of all members of the Congress. b. 2/3 vote of all members of the Congress. c. ¾ vote of all members of the Congress. d. Unanimous vote of all members of the Congress. Answer: A 39. Which of the following statements is incorrect with respect to the power of the president? a. Congress may authorize the President to fix within specified limits tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government. b. The President can veto any particular item in a revenue or tariff bill, but the veto shall not affect the items or item to which he does not object. c. The power of taxation can be delegated to the President of the Philippines. d. The President of the Philippines is empowered to grant tax exemption on certain class of taxpayers. Answer: D 40. Which of the following statements is incorrect? a. No persons shall be imprisoned for nonpayment of debt or non-payment of taxes. b. The passage of laws granting tax exemptions requires the concurrence by a majority of all the members of Congress. c. The Supreme Court’s jurisdiction over tax cases cannot be impaired. d. The revenues and assets of non-stock, nonprofit educational institutions and donations for educational purposes are exempted from taxes and duties. Answer: A 41. They restrict the exercise of the power of taxation although they are not embodied in the Constitution a. Theoretical justice b. Legislative in character c. Inherent limitations d. Constitutional limitations Answer: C 42. A tax must be imposed for public purpose. Which of the following is not a public purpose? [RPCPA] a. National defense b. Public education c. Improvement of sugar industry d. None of the above Answer: D 43. Which of the following activities is not a public purpose? a. Construction of bridges b. Payment of Christmas bonuses of government officials and employees. c. Opening of road on a tract of land owned by a private individual. d. Scholarship to poor but deserving students. Answer: C 44. A fundamental rule in taxation is that “the property of one country may not be taxed by another country.” This known as [RPCPA} a. International law b. International comity c. Reciprocity d. International inhibition Answer: B 45. QUESTION 1: Can estate tax the Armed Forces of the Philippines? QUESTION 2: Are government-owned and controlled corporations subject to tax? a. Yes, No b. Yes, Yes c. No, Yes d. No, No Answer: B 46. Diplomatic officials such as heads of states and ambassadors are exempt from taxes and duties because of a. International comity b. Reciprocity provisions c. Principles of territoriality d. Exemption in tax code Answer: A 47. Deals with the provisions of the law which determines the person or property to be taxed, the sum or sums to be raised, the rate thereof, and the time and manner of levying, receiving and collecting of taxes a. Collection b. Payment c. Enforced contribution d. Levy Answer: D 48. Constituted of the provisions of law which prescribes the manner of enforcing the obligation on the part of those taxed to pay the demand thus created a. Collection b. Proportionate in character c. Enforced contribution d. Levy Answer: A 49. The amount required is dictated by the need of the government in [RPCPA] – a. License fee b. Tax c. Toll d. Tariff Answer: B 50. One of the characteristics of a tax is a. A tax is a pecuniary burden and the law may not allow payment in kind. b. It is dependent upon the will or contractual assent, express or implied of the person taxed. c. It is levied by the state by virtue of its sovereignty. d. It is collected for public and private purposes. Answer: C 51. One of the characteristics of a tax is that [RPCPA] a. It is generally based on contract. b. It is generally payable in money. c. It is generally assignable. d. Optional Answer: B 52. Which is not an essential characteristic of tax? [RPCPA] a. Unlimited as to amount b. Payable in money c. Proportionate in character d. Regular in payment Answer: D 53. No person shall be imprisoned for nonpayment of {RPCPA} a. Property tax b. Excise tax c. Poll tax d. Income tax Answer: C 54. An example of a property tax is a. Additional community tax an income of real properties b. Real estate tax on real properties c. Estate tax on inherited personal as well as real properties d. Donor’s tax on donation of property Answer: B 55. Which of the following is not an example of excise tax? a. Transfer tax b. Sales tax c. Real property tax d. Income tax Answer: C 56. Sharon, a CPA has just obtained her CPA license. Before she can lawfully pursue her occupation, she should pay [RPCPA] a. Privilege tax (PTR) b. Percentage tax c. CPA’s Income tax d. Value-added tax b. Indirect tax c. Excise tax d. Poll tax Answer: B 63. A tax on business is [RPCPA] a. Direct tax b. Indirect tax c. Property tax d. None of the above Answer: B 57. A tax that is imposed upon a person who is directly bound to pay it a. Direct tax b. Indirect tax c. Excise tax d. Poll tax 64. Fermin is a mining operator. His mining lands are not covered by any lease contract. The tax Fermin has to pay based on the actual value of the gross output or mineral products extracted is [RPCPA] a. Mining tax b. Royalties c. Rental d. Ad valorem tax Answer: A Answer: D 65. Tax that is imposed solely to raise revenue for government expenditures a. Revenue tax b. Regulatory tax c. Specific tax d. Ad valorem tax Answer: A 58. One is not a direct tax [RPCPA] a. Immigration tax b. Transfer tax c. Income tax d. Contractor’s tax Answer: D 59. The basic community tax of P5.00 of an individual is a (an) a. Property tax b. Direct tax c. National tax d. Ad-valorem tax Answer: B 60. Which of the following statements is not wrong? a. Non-payment of additional community tax is ground for imprisonment. b. In case of conflict between a tax law and a revenue regulation, the latter shall prevail. c. A revenue regulation can expand the provisions of law by imposing a penalty even if the law that it implements does not impose a penalty. d. Revenue bills shall originate exclusively from the Senate. Answer: A 61. Statement 1: The value-added tax is a property tax. Statement 2: The estate tax is a direct tax. [RPCPA] a. The two statements are correct. b. The two statements are wrong. c. Statement 1 is correct, Statement 2 is wrong. d. Statement 1 is wrong, Statement 2 is correct. Answer: D 62. Forms part of the purchase price of the commodity or service and passed on to customers a. Direct tax Answer: A 66. Tax levied for particular or specific purpose irrespective of whether revenue is actually raise or not a. Revenue tax b. Regulatory tax c. Specific tax d. Ad valorem tax Answer: B 67. Tax imposed by the national government and is effective within the entire jurisdiction thereof a. National tax b. Local tax c. Proportional tax d. General tax Answer: A 68. Taxes imposed by a political subdivisions of the state and is effective only within the territorial boundaries thereof a. National tax b. Local tax c. Progressive tax d. Regressive tax Answer: B 69. Which of the following taxes is proportional? a. Value-added tax b. Income tax c. Estate tax d. Donor’s tax Answer: A 70. The following are kinds of taxes as to graduation. Which one is not? [RPCPA] a. Digressive b. Uniform c. Regressive d. Progressive Answer: B Answer: C 77. Mr. No Nuli is exempt from all taxes. Q1: Is he exempt from customs duties on the importation of goods? Q2: Is he exempt from parking fees on the parking areas owned by the government? 71. The power of the state of those to whom the power has been delegated to take private property for public use upon paying to the owner a just compensation a. Power of eminent domain b. Police power c. Power of taxation d. People power Q3: Is he exempt from Mayor’s permit fees? Answer: A Answer: C 72. There can be classification of the subject matter being required to shoulder the burden. Which is the exception? [RPCPA] a. Tax b. License fee c. Toll d. Eminent domain 78. After having been informed that some massage parlors are being used in fronts for prostitution, the Sangguniang Panglungsod of Manila passed a tax ordinance subjecting massage parlors within its jurisdiction to such onerous taxes that leave them no other alternative but to stop operating. The passage of the ordinance is a valid exercise of – a. Taxation b. Eminent domain c. Police power d. Police power and power of taxation Answer: D 73. The power of the state to enact such laws in relation to persons and property as may promote public health, public morals, public safety and the general welfare of the people a. Power of eminent domain b. Police power c. Power of taxation d. People power Answer: B 74. The following are the similarities of the inherent power of taxation, eminent domain and police power except one [RPCPA] a. Are necessary attributes of sovereignty b. Interferes with private rights and property c. Affect all persons or the public. d. Are legislative in their implementation. Answer: C 75. Which statement refers to police power as distinguished from taxation? [RPCPA] a. It can only be imposed on specific property or properties. b. The amount imposed depends on whether the activity is useful or not. c. It involves the taking of property by the government. d. The amount imposed has no limit. Answer: B 76. Police power as distinguished from taxation a. Just compensation is received by the owner of the property. b. Maybe exercised by private individuals. c. Superior to the non-impairment clause of the constitution. d. Property is taken by the government for public purpose. Which of the above questions is/are answerable by “No”? a. Q2 only b. Q1 and Q2 c. Q2 and Q3 d. Q1, Q2 and Q3 Answer: D 79. Which of the following statements is correct? a. Non-payment of tax and debt is aground for imprisonment. b. The power to tax may include the power to destroy. c. Provisions in the Philippine Constitution on taxation are grants of power. d. Lands and buildings being used actually, directly and exclusively for religious and charitable purpose by churches and charitable institutions are exempt from income and property taxes. Answer: B 80. The following statements are correct. Which is the exception? a. The rule of taxation shall be uniform and equitable. b. Taxation may be used to implement the police power of the state. c. Police power is superior to the non-impairment clause of the constitution. d. The salary of the justices of the Supreme Court are exempt from income tax. Answer: D 81. Statement 1: An Executive order passed by the President of the Philippines directing the Commission on Higher Education (CHED) to regulate the operation of review center is a valid exercise of police power. Statement 2: Construction of a church building is exempt from the payment of building permit fees because the cco9nstitution provides that churches are exempt from property taxes. Which of the above statements is true? a. Statement 1 only b. Statement 2 only c. Neither statement d. Both statement Answer: C 82. Statement 1: The Congress can enact tax laws even in the absence of a constitutional provision granting said body the power to tax. Statement 2: A tax may be validly imposed in the exercise of police power and not the power to tax. a. False. False b. False, True c. True, True d. True, False Answer: C 83. Which of the following may not raise money for the government [RPCPA] a. Power of taxation b. Police power c. Power of eminent domain d. Privatization of government’s capital assets Answer: C 84. In this power of the state , the person who is parting with his money or property is presumed to receive a benefit [RPCPA] a. Taxation b. Police power c. Eminent domain d. Forfeiture power Answer: A 85. Which of the following inherent powers of the government is inferior to the non-impairment clause of the constitution? a. Taxation b. Police power c. Eminent domain d. None Answer: A 86. Tax as distinguished from license fee [RPCPA] a. Non-payment does not necessarily render the business illegal. b. A regulatory measure c. Imposed in the exercise of police power. d. Limited to cover cost of regulation. Answer: A 87. The distinction of a tax from permit or license fee is that a tax is [RPCPA] a. Imposed for regulation. b. One which involves exercise or police power. c. One in which there is generally no limit on the amount that may be imposed. d. Answer not given. Answer: C 88. Which of the following term describes this statement “that the state has complete discretion on the amount to be imposed after distinguished between a useful and non-useful activity?” [RPCPA] a. Tax b. License fee c. Toll d. Customs duty Answer: B 89. Which of the following is not a distinction or similarity of license fee from tax? [RPCPA] a. Imposed for regulation b. Involves exercise of police power. c. Non payment makes the business illegal. d. Legal compensation or reward of an officer for services. Answer: D 90. All of the following, except one, are characteristics of a toll a. Demand of proprietorship. b. Compensation for the use of another’s property. c. Maybe imposed by private individuals. d. Levied for the support of the government. Answer: D 91. This is a demand of ownership [RPCPA] a. License fee b. Tax c. Toll d. Franchise Answer: C 92. One of the following is not characteristics of a special assessment a. It has special application only to a particular time and place. b. It is levied only on land. c. May be levied on business. d. Based wholly on benefits. Answer: C 93. Which statement is wrong? [RPCPA] a. A tax is a demand of sovereignty. b. A toll is a demand of ownership. c. A special assessment is a tax. d. Customs duty is a tax. Answer: C 94. Which of the following is a not characteristic of debt? a. Generally arises from contract. b. Payable only in money. c. Assignable d. Imprisonment is not a sanction for nonpayment. Answer: B 95. All funds or income derived by the government from any other source a. Tax b. Custom duty c. Revenue d. Ordinary income Answer: D Answer: C 102. Your client owns a row of apartments. He complains to you that he is being required to pay four (4) kinds of taxes in this line of business alone .From the list given by your client, which of the following taxes has been wrongly imposed on him? a. Real estate tax on the land and building. b. Value-added tax on the gross receipts from rent. c. Community tax based on the assessed value of the apartment house. d. Income tax on income from rent. Answer: C 96. It comprises all kinds of funds including taxes [RPCPA] a. License tax b. Income c. Customs duty d. Revenue Answer: D 97. Which of the following constitute objectionable double taxation? [RPCPA] a. A license fee and a tax imposed on the same business or occupation for selling the same articles. b. A tax imposed both on the occupation of fishing and on fishpond operations. c. Persons engaged in leasing or selling real property are subject to real estate dealers tax and their sales are also subject to 10% VAT. d. A tax of 1% is imposed for bank reserve deficiency while a penalty of 1/10 of 1% is also imposed as a consequence of such reserve deficiency. Answer: D 98. Which of the following is not an element of direct duplicate taxation which is violative of the equal protection and uniformity clauses in the constitution? a. Same property is taxed twice; b. Same taxing authority; c. Same amount; d. Same purposes; Answer: C 99. Which of the following statements is correct? a. Tax laws can never have a retroactive effect. b. The government cannot tax its agencies and instrumentalities. c. A taxpayer’s suit can be filed by any taxpayer in any instance against the government. d. In the Philippines, there may be double taxation. Answer: D 100. The following constitute double taxation except one [RPCPA} a. Both taxes imposed in the same amount. b. Both taxes are levied for the same purpose. c. Both taxes are imposed by the same taxing authority. d. Both taxes are imposed upon the same person. Answer: A 101. 1st Statement: Our constitution does not prohibited double taxation. 2nd Statement: If double taxation occurs, the taxpayer may seek relief under the uniformity clause or the equal protection guarantee(RPCPA) a. 1st statement is correct, 2nd statement is wrong. b. 1st statement is wrong,2nd statement is correct c. Both Statements are wrong. d. Both Statements are correct. 103. One of the following is a false statement about double taxation. Which is it? a. There is no constitutional prohibition on double taxation. b. Direct duplicate taxation is a valid defense against a tax measure if it is violative of the equal protection c. Absence of any of the elements of direct double taxation makes it indirect duplicate taxation. d. A 20% final withholding tax on interest income on bank deposits and a 5% gross receipts tax on banks is a direct duplicate taxation. Answer: D 104 . Statement 1: An ordinance imposing a tax on the manufacture of softdrinks and another tax on the sale of the softdrinks constitute double taxation. Statement 2: A criminal case for tax evasion maybe filed against a taxpayer even without prior assessment issued by the Commissioner of Internal revenue. Which of the following statement is false? a. Statement 1 only b. Statement 2 only c. Neither statements d. Both statements Answer: D 105. Transfer of the tax burden by one on whom the tax is assessed to another. a. shifting b. Capitalization c. Transformation d. Tax exemption Answer: A 106. Which of the following is not a scheme of shifting the incidence of tax burden? (RPCPA) a. The manufacturer transfers the tax to the consumer by adding the tax to the selling price of the goods sold. b. The purchasers ask for a discount or refuse to buy at regular price unless it is reduced by an amount equal to the tax he will pay. c. Changing the terms of the sale like FOB shipping point in the Philippines to FOB destination abroad, so that the title passes abroad instead of in the Philippines. d. The manufacturer transfer the sales tax to the distributor, then in turn to the wholesaler, to the retailer and finally to the consumer. Answer: C 107. The reduction in the selling price of incomeproducing properly by an amount equal to the capitalized value of future taxes that may be paid by the purchaser. a. Shifting b. Capitalization c. Transformation d. Tax exemption Answer: B 108. The method by which the manufacturer or producer upon whom the tax is imposed pays the tax and strives to recover such expense through lower production cost without sacrificing the quality of his product. a. Shifting b. Capitalization c. Transformation d. Tax exemption Answer: C 109. The grant of immunity to particular persons or corporation or to persons or corporation of a particular class from a tax which persons and corporations generally within the same taxing district are obliged to pay. a. Tax exemption b. Tax evasion c. Tax avoidance d. Tax amnesty Answer: A 110. Statement 1: The grant of a tax amnesty must be construed against the taxpayer and liberally in favor of the taxing authority. Statement 2: A tax exemption may be withdrawn anytime at the pleasure of the taxing authority. Which of the above statements is true? a. Statement 1 only b. Statement 2 only c. Neither statement d. Both statement Answer: C 111. Statement 1: A BIR Ruling issued by a Commissioner of Internal Revenue which grants tax exemption would create a perpetual exemption in favor of the taxpayer. Statement 2: A tax exemption may be withdrawn anytime at the pleasure of the taxing authority Which of the above statements is true? a. Statement 1 only b. Statement 1 and 2 c. Statement 2 only d. Neither of them Answer: C 112. It is also known as tax dodging a. Tax exemption b. Tax evasion c. Tax avoidance d. Transformation Answer: B 113. It is otherwise known as tax minimization. a. Tax exemption b. Tax evasion c. Tax avoidance d. Transformation Answer: C 114. Which of the following statements constitute tax avoidance? a. Deliberate failure of a taxpayer to pay the taxes due to the government. b. Connotes fraud through the use of pretenses and forbidden devices to lessen or defeat taxes. c. Punishable by law. d. Maybe contrary to the intent of the legislature but nevertheless do not violate the law. Answer: D 115. Which of the following facts pertain/s to tax avoidance? a. After studying his tax problems, Alliante decided to withdraw his bank deposits and to buy tax exempt securities. b. Who wishes to avoid the payment of taxes assessable on the transactions made it appear on the deed of sale that the selling price was only P 200,000 although it was actually P 300,000. c. Refraining from engaging in activities subject to tax. d. Clavillians Insurance Corporation sold its office building to Eva for P 100 million who, in turn, sold the same property to Royal Match, Inc. for P200 million .These two transactions were evidenced by Deeds of Absolute Sale notarized on the same day by the same notary public. a. A only b. A and C c. A and D d. A,C and D Answer: B 116. In case of ambiguity, tax laws shall be interpreted. a. Strictly against the taxpayer b. Liberally against the government c. Liberally in favor of the taxpayer d. Liberally in favor of the government Answer: C 117. In cases of deductions and exemptions on income tax returns, doubts shall be resolved ( RPCPA). a. Strictly against the taxpayer. b. Strictly against the government. c. Liberally in favor of the taxpayer. d. Liberally against the government Answer: A 118. The following, except one, are exemptions to the rule that tax exemptions must be strictly construed against the taxpayer. a. Where the statute granting the exemption provides for liberal interpretation thereof. b. If the taxpayer does not fall within the purview of the exception by clear legislative intent. c. In case of special taxes relating to special cases and affecting only special classes of persons. d. If exemptions refer to public property. Answer: B 119. A franchise can be amended by (RPCPA). a. An amendment of special law, which granted the franchise. b. An amendment of a law of general application. c. An amendment of a revenue regulation. d. An amendment of tax laws. Answer: B 120. Some franchise holders who are paying the franchise tax are being required by an amendatory law to pay the value-added tax, while others remain subject to franchise tax. Which of the following constitutional provisions makes the law unconstitutional? (RPCPA) a. No law shall be passed impairing the obligation of contract. b. The rule of taxation shall be uniform. c. No person shall be deprived of property without due process of law. d. None of the above Answer: D 121. S1: The point on which a tax is originally imposed is impact of taxation. S2: As a rule, taxes are subject to set-off or compensation. 1st Statement a. True True b. False True c. False False d. True Answer: D False 2nd Statement 122. Which of the following is not considered as a step in making a revenue regulations effective? a. Recommendation by the Commissioner of Internal Revenue to the Secretary of Finance. b. Approval by the Secretary of Finance c. Legislations by Congress. d. Publication in a newspaper of general circulation. Answer: C 123. Statement 1: In case of conflict between a revenue regulation and the provisions of the National Revenue Code, the latter shall prevail. Statement 2: the revocation of a revenue regulation cannot be made retroactive even if the reason for its revocation is that it is erroneous or contrary to law. a. Statement 1 is correct: Statement 2 is wrong. b. Both Statement are correct c. Statement 1 is wrong: Statement 2 is correct d. Both statements are wrong. Answer: A 124. All of the following, except one, are sources of tax laws a. Legistations, tax treaties and tax ordinance. b. Judicial decisions c. Opinions of authors d. Administrative rules and regulations. Answer: C 125. The least source of our tax laws is a. Statues b. Court decisions c. Constitutions d. BIR rulings Answer: D 126. When the refund of a tax supposedly due to the taxpayer has already been barred by prescription, and the said taxpayer is assessed with a tax at present, the two taxes may be set-off with each other. This doctrine is called. a. Set-off doctrine b. Doctrine of reciprocity c. Tax sparing doctrine d. Equitable recoupment Answer: D 127. Statement 1: The doctrine of equitable recoupment is applicable in the Philippines. Statement 2: Where taxes and the claim of the taxpayer are fully liquidated, due and demandable,set-off or legal compensation may take place by operation of law. a. Statement 1 is correct: Statement 2 is wrong. b. Both Statement are correct c. Statement 1 is wrong : Statement 2 is correct d. Both statement are wrong Answer: C 128. The place or authority that has the right to impose and collect taxes a. Territoriality b. International comity c. Situs of taxation d. Transformation Answer: C 129. Domicile or residence of the owners is not the situs of taxation in a. income tax b. community tax c. estate tax d. business tax Answer: D 130. Which of the following is not correct with respect to a respect to a taxpayer’s suit? a. It must pertain to illegal disbursement of public funds. b. It pertains to the passage of a seemingly unconstitutional measure. c. The funds sought to be disbursed must have been raised through taxation. d. It must not refer to an enactment of a tax law. Answer: B 32. Statement I: Unpaid mortgage indebtedness is deductible from the gross estate provided the said property subject to the indebtedness is included in the gross estate, net of the mortgage indebtedness Statement II: A donation inter-vivos by the decedent to the Philippine government a few months before his death is a deduction from the gross estate D a. True, true c. False, true b. True, false d. False, false 33. Statement I: A died giving B power to appoint a person who will inherit A's house and lot. B however can only choose among C, D, E and F. B decided to transfer the property to C, in B's will when he was old already. The transfer from B to C is subject to estate tax Statement II: During A's lifetime, he decided to give B as gift his car subject to the condition that if B does not become a CPA within three years, A shall revoke the transfer. In the second year, however, A died. The car can no longer from part of A's gross estate D a. True, true b. True, false c. False, true d. False, false