SYLLABUS FOR THE

2020 BAR EXAMINATIONS

TAXATION LAW

Notes: All Bar candidates should be guided that the scope and cutoff of only
canonical jurisprudential doctrines pertinent to these topics as of September
30, 2020 will be covered in the 2020/21 Bar Examinations, except when
provided in this syllabus. Principles of law are not covered by the cut-off
period. The cutoff for laws, rules, and issuances remains the same or until
June 30, 2019, unless otherwise provided in the syllabi. (as amended by
B.M. No. 15, s. 2020)

This syllabus is only a guide for the bar examinations. It should not be
mistaken for a course syllabus.

I. GENERAL PRINCIPLES
A.
CONCEPT AND PURPOSE OF TAXATION
1. Definition
2. Purpose
3. Distinguish: tax and other forms of exactions
B.
DISTINGUISH: POWER OF TAXATION, POLICE POWER, AND
EMINENT

C.
THEORY AND BASIS OF TAXATION
1. Lifeblood theory
2. Necessity theory
3. Benefits-received theory
D.
JURISDICTION OVER SUBJECT AND OBJECTS
E.
PRINCIPLES OF A SOUND TAX SYSTEM
1. Fiscal adequacy
2. Theoretical justice
3. Administrative feasibility
F.
INHERENT AND CONSTITUTIONAL LIMITATIONS ON TAXATION
G.
STAGES OR ASPECTS OF TAXATION
H.
REQUISITES OF A VALID TAX
I.
KINDS OF TAXES

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 J.
GENERAL CONCEPTS IN TAXATION
1. Prospectivity of tax laws
2. Imprescriptibility
3. Situs of taxation
4. Double taxation
a. Strict sense
b. Broad sense
c. Tax treaties as relief from double taxation
5. Escape from taxation
a. Shifting of tax burden
b. Distinguish: tax avoidance and tax evasion
6. Exemption from taxation
7. Equitable recoupment
8. Prohibition on compensation and set-off
9. Compromise
10. Tax amnesty
K.
CONSTRUCTION AND INTERPRETATION OF TAX LAWS
RULES AND REGULATIONS

II. NATIONAL TAXATION

A. TAKING AUTHORITY
1. Jurisdiction, power, and functions of the Commissioner of Internal
Revenue
2. Rule-making authority of the Secretary of Finance

B. INCOME TAX
1. Definition, nature, and general principles
a. Income tax systems
i. Global
ii. Schedular
iii. Others
b. Features of the Philippine income tax law
c. Criteria in imposing Philippine income tax
i. Citizenship
ii. Residence
iii. Source
d. General principles of income taxation
e. Types of Philippine income taxes
f. Kinds of taxpayers
g. Taxable period
2. Concept of income
a. Definition
b. When income is taxable
i. Existence of income
ii. Realization of income
iii. Recognition of income

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 c. Tests in determining whether income is earned for tax purposes
i. Realization test
ii. Claim of right doctrine or doctrine of ownership, command or
control
iii. Economic benefit test or doctrine of proprietary interest
iv. Severance test
d. Methods of accounting
i. Distinguish: cash and accrual method
ii. Special method: installment, deferred payment, percentage
of completion (in long-term contracts)
e. Situs of Income
3. Gross income
a. Definition
b. Distinguish: gross income, net income, and taxable income
c. Sources of income subject to tax
i. Compensation income
ii. Fringe benefits
iii. Professional income
iv. Income from business
v. Income from dealings in property
(a) Distinguish ordinary asset and capital asset
(b) Types of gains
(c) Special rules pertaining to income or loss from
dealings in property classified as capital asset (loss
limitation rule, loss carry-over rule, holding period
rule)
(d) Tax-free exchanges
vi. Passive investment income
(a) Interest
(b) Dividend
(c) Royalty income
(d) Rental income
vii.
Annuities and proceeds from life insurance or other types of
insurance
VII1.
Prizes and awards
ix.
Pension, retirement benefit, or separation pay
X. Income from any source
(a) Condonation of indebtedness
(b) Recovery of accounts previously written off
(c) Receipt of tax refunds or credit
d. Exclusions
i. Rationale
ii. Taxpayers who may avail
iii. Distinguish: exclusions, deductions, and tax credits
iv. Exclusions under the Constitution
4. Deductions
a. General rule
b. Concept of return of capital

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 c. Distinguish: itemized deductions and optional standard
deduction
d. Requirements for deductible items
e. Items not deductible
5. Income tax on individuals
a. Resident citizens, non-resident citizens, and resident aliens
i. Coverage
ii. Taxation on compensation income
(a) Inclusions
(b) Exclusions
iii. Taxation of business income/income from practice of
profession
(a) Schedular
(b) 8% option
iv. Taxation of partners in a general professional partnership
v. Taxation of passive income
vi. Taxation of capital gains
(a) Income from sale of shares of stock of a Philippine
corporation
(b) Income from sale of real property situated in the
Philippines
(c) Income from sale, exchange, and other disposition of
other capital assets
b. Non-resident aliens engaged in trade or business
c. Non-resident aliens not engaged in trade or business
d. Aliens employed by regional headquarters, regional operating
headquarters, offshore banking units, and petroleum service
contractors
e. Individual taxpayers exempt from income tax
i. Minimum wage earner
ii. Exemptions granted under international agreements
6. Income tax on corporations
a. Domestic corporations
i. Taxation - in general
(a) Regular Corporate Income Tax (RCIT)
(b) Minimum Corporate Income Tax (MCIT)
(c) Taxation of passive income
(d) Taxation of capital gains
(e) Improperly accumulated earnings tax
ii. Proprietary educational institutions and non-profit hospitals
iii. Government-owned or controlled corporations, agencies,
instrumentalities
iv. Foreign currency deposit units
b. Resident foreign corporations
i. Taxation - in general
(a) Regular Corporate Income Tax (RCIT)
(b) Minimum Corporate Income Tax (MCIT)
(c) Branch Profits Remittance Tax (BPRT)

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 (d) Taxation of passive income
(e) Taxation of capital gains
ii. Resident foreign corporations subject to preferential tax
rates
(a) International carriers
(b) Foreign currency deposit units and offshore banking
units
(c) Regional or area headquarters and regional operating
headquarters
c. Non-resident foreign corporations (NRFC)
i. Taxation of NRFC in general
ii. NRFCs subject to preferential tax rates
d. Corporations exempt from income tax
e. Tax on other business entities: general partnerships, general
professional partnerships, co-ownerships, joint ventures, and
consortia
7. Filing of returns and payment
a. Individual return
i. Who are required to file; exceptions
ii. Substituted filing
iii. When and where to file
b. Corporate returns
i. Quarterly income tax
ii. Final adjustment return
iii. When and where to file
iv. Return of corporations contemplating dissolution or
reorganization
c. Return on capital gains realized from sale of shares of stock and
real estate
8. Withholding tax
a. Concept
b. Final withholding tax
c. Creditable withholding tax
i. Expanded withholding tax
ii. Withholding tax on compensation
d. Fringe benefits tax
e. Duties of a withholding agent

C. ESTATE TAX
1. Basic principles, concept, and definition
2. Classification of decedent
3. Composition of gross estate
a. Items to be included in determining gross estate
i. Decedent’s interest
ii. Transfers in contemplation of death
iii. Revocable transfers
iv. Property passing under a general power of appointment
v. Proceeds of life insurance

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 vi. Prior interests
vii. Transfers for insufficient consideration
b. Allowable deductions from gross estate
c. Exclusions from gross estate and exemptions of certain
acquisitions and transmissions
d. Tax credit for estate taxes paid to a foreign country
e. Filing of estate tax returns and payment of estate tax

D. DONOR’S TAX
1. Basic principles, concept, and definition
2. Requisites of a valid donation
3. Transfers which may be considered as donation
a. Sale, exchange, or transfer of property for less than adequate
and full consideration; exception
b. Condonation or remission of debt
c. Renunciation of inheritance; exception
4. Classification of donor
5. Determination of gross gift
a. Composition of gross gift
b. Valuation of gifts made in property
c. Exemption of certain gifts
6. Tax credit for donor’s taxes paid to a foreign country
7. Filing of return and payment

E. VALUE-ADDED TAX
1. Nature and characteristics of value-added tax
a. Tax on value added
b. Sales tax
c. Tax on consumption
d. Indirect tax: impact and incidence of tax
e. Tax credit method
f. Destination principle and cross-border doctrine
2. Persons liable to value-added tax
3. Imposition of value-added tax
a. On sale of goods or properties
i. Tax base: gross selling price
ii. Transactions deemed sale
iii. Change or cessation of status as value-added tax-registered
person
b. On importation of goods
c. On sale of services and use or lease of properties
4. Zero-rated and effectively zero-rated sales of goods or properties,
and services
5. Value-added tax-exempt transactions
6. Input and output tax
7. Refund or tax credit of excess input tax; procedure
8. Compliance requirements
a. Registration
b. Invoicing requirements

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 c. Filing of returns and payment
d. Withholding of final value-added tax on sales to government
e. Administrative and penal sanctions

F. PERCENTAGE TAXES: CONCEPT AND NATURE

G. EXCISE TAX: CONCEPT AND NATURE

H. DOCUMENTARY STAMP TAX: CONCEPT AND NATURE

I. TAX REMEDIES UNDER THE NATIONAL INTERNAL REVENUE

CODE
1. Assessment of internal revenue taxes
a. Procedural due process in tax assessments
i. Letter of authority and tax audit
ii. Informal conference
iii. Preliminary assessment notice
iv. Formal letter of demand and final assessment notice
v. Disputed assessment
vi. Administrative decision on a disputed assessment
vii. Appeal from an administrative decision on disputed
assessment
b. Requisites of a valid assessment
c. Tax delinquency and tax deficiency
d. Prescriptive period for assessment
i. General rule
ii. Distinguish: false returns, fraudulent returns, and non-filing of returns
iii. Suspension of statute of limitations
2. Taxpayer’s remedies
a. Protesting an assessment
i. Period to file protest
ii. Kinds of protest — request for reconsideration or
reinvestigation
iii. Submission of supporting documents
iv. Effect of failure to file protest
v. Action of the Commissioner on the protest filed
(a) Period to act upon or decide on protest filed
(b) Remedies of the taxpayer in case of denial or inaction of the
Commissioner
(c) Effect of failure to appeal
b. Recovery of tax erroneously or illegally collected
i. Grounds, requisites, and periods for filing a claim for refund
or issuance of a tax credit certificate
ii. Proper party to file claim for refund or tax credit
iii. Distinguish from input value-added tax refund
c. Power of Commissioner of Internal Revenue to compromise
d. Non-retroactivity of rulings

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 3. Government remedies for collection of delinquent taxes
a. Requisites
b. Prescriptive periods; suspension of running of statute of
limitations
c. Administrative remedies
i. Tax lien
ii. Distraint and levy
iii. Forfeiture of real property
iv. Suspension of business operation
v. Judicial remedies
d. No injunction rule; exceptions
4. Civil penalties
a. Delinquency interest and deficiency interest
b. Surcharge
c. Compromise penalty
d. Fraud penalty

III. LOCAL TAXATION

A. LOCAL GOVERNMENT TAXATION

1. Fundamental principles
2. Nature and source of taxing power
a. Grant of local taxing power under the Local Government Code
b. Authority to prescribe penalties for tax violations
c. Authority to grant local tax exemptions
d. Withdrawal of exemptions
e. Authority to adjust local tax rates
f. Residual taxing power of local governments
3. Scope of taxing power
4. Specific taxing power of local government units
5. Common revenue raising powers
6. Community tax
7. Common limitations on the taxing powers of local government
units
8. Requirements for a valid tax ordinance
9. Taxpayer’s remedies
a. Protest
b. Refund
c. Action before the Secretary of Justice
10. Assessment and collection of local taxes
a. Remedies of local government units
b. Prescriptive period

B. REAL PROPERTY TAXATION

1. Fundamental principles
2. Nature

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 3. Imposition
a. Power to levy
b. Exemption from real property tax
4. Appraisal and assessment
a. Classes of real property
b. Assessment based on actual use
5. Collection
a. Date of accrual
b. Periods to collect
G. Remedies of local government units
6. Taxpayer’s remedies
a. Contesting an assessment
i. Payment under protest; exceptions
ii. File protest with Treasurer
iii. Refunds or credits of real property taxes
b. Contesting a valuation of real property
i. Appeal to the Local Board of Assessment Appeals (LBAA)
ii. Appeal to the Central Board of Assessment Appeals
(CBAA)
iii. Effect of payment of taxes
c. Compromising real property tax assessment

IV. JUDICIAL REMEDIES

A. JURISDICTION OF TH£ COURT OF TAX APPEALS

1. Exclusive original and appellate jurisdiction over civil cases
2. Exclusive original and appellate jurisdiction over criminal cases

B. PROCEDURE
1. Filing of an action for collection of taxes
a. Internal revenue taxes
b. Local taxes
2. Civil cases
a. Who may appeal, mode of appeal, and effect of appeal
b. Suspension of collection of taxes
c. Injunction not available to restrain collection
3. Criminal cases
a. Institution and prosecution of criminal action
b. Institution of civil action in criminal action
c. Period to appeal
4. Appeal to the Court of Tax Appeals en banc
5. Petition for review on certiorari to the Supreme Court

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 LIST OF RELEVANT MATERIALS

I. 1987 CONSTITUTION

II. LAWS

Rep. Act No. 8424 The National Internal Revenue Code

as amended by of the Philippines
Rep. Act No. 10963

including:
a. Revenue Regulations No.
6-2008, as amended
b. Revenue Regulations No.
12-99, as amended

Rep. Act No. 7160 Local Government Code

Rep. Act No. 1125 An Act Expanding the Jurisdiction
as amended by of the Court of Tax Appeals,
Rep. Act No. 9282 Elevating its Rank to the Level of a
Collegiate Court with Special
Jurisdiction and Enlarging its
Membership
Rep. Act No. 7916 An Act Amending Rep. Act No.
as amended by 7916, Otherwise Known as the
Rep. Act No. 8748 Special Economic Zone Act of
1995
Rep. Act No. 9505
Personal Equity and Retirement
Account Act of 2008
Executive Order No. 226
as amended by Rep. Act No. Omnibus Investments Code of 1987,
7918 as Amended, and For Other
Purposes
Rep. Act No. 7227
as amended by Bases Conversion and Development Act of
Rep. Act No. 9400 1992

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