PHILIPPINE AMUSEMENT AND GAMING CORPORATION VS. BUREAU OF INTERNAL REVENUE
Category: General Taxation
PHILIPPINE AMUSEMENT AND GAMING CORPORATION VS. BUREAU OF INTERNAL REVENUE
ISSUE:
Is Republic Act 9337 constitutional insofar as it excluded PAGCOR from the enumeration of GOCCs exempt from the payment of corporate income tax?
HELD:
YES. The original exemption of PAGCOR from corporate income tax was not made pursuant to a valid classification based on substantial distinctions so that the law may operate only on some and not on all. Instead, the same was merely granted due to the acquiescence of the House Committee on Ways and Means to the request of PAGCOR.
The argument that the withdrawal of the exemption also violates the non-impairment clause will not hold since any franchise is subject to amendment, alteration or repeal by Congress.
However, the Court made it clear that PAGCOR remains exempt from payment of indirect taxes and as such its purchases remain not subject to VAT, reiterating the rule laid down in the Acesite case.
Newer Philippine Law Resources:
Additional Law Reading:
- REPUBLIC ACT NO. 10143 - PHILIPPINE TAX ACADEMY -
- ABAKADA GURO PARTYLIST vs. PURISIMA- Attrition Act of 2005, R.A. No. 9335 -
- Sources of Revenues (Taxation) -
- Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR -
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor -
Popular in BATASnatin:
- Sources of Revenues (Taxation) - - 2525 Hits
- Powers of the Commissioner on Internal Revenue - - 1824 Hits
- Powers and Duties of the Bureau of Internal Revenue - - 1752 Hits
- Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR - - 1295 Hits
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor - - 1114 Hits
PHILIPPINE AMUSEMENT AND GAMING CORPORATION VS. BUREAU OF INTERNAL REVENUE
Category: General Taxation
PHILIPPINE AMUSEMENT AND GAMING CORPORATION VS. BUREAU OF INTERNAL REVENUE
ISSUE:
Is Republic Act 9337 constitutional insofar as it excluded PAGCOR from the enumeration of GOCCs exempt from the payment of corporate income tax?
HELD:
YES. The original exemption of PAGCOR from corporate income tax was not made pursuant to a valid classification based on substantial distinctions so that the law may operate only on some and not on all. Instead, the same was merely granted due to the acquiescence of the House Committee on Ways and Means to the request of PAGCOR.
The argument that the withdrawal of the exemption also violates the non-impairment clause will not hold since any franchise is subject to amendment, alteration or repeal by Congress.
However, the Court made it clear that PAGCOR remains exempt from payment of indirect taxes and as such its purchases remain not subject to VAT, reiterating the rule laid down in the Acesite case.
Newer Philippine Law Resources:
Additional Law Reading:
- REPUBLIC ACT NO. 10143 - PHILIPPINE TAX ACADEMY -
- ABAKADA GURO PARTYLIST vs. PURISIMA- Attrition Act of 2005, R.A. No. 9335 -
- Sources of Revenues (Taxation) -
- Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR -
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor -
Popular in BATASnatin:
- Sources of Revenues (Taxation) - - 2525 Hits
- Powers of the Commissioner on Internal Revenue - - 1824 Hits
- Powers and Duties of the Bureau of Internal Revenue - - 1752 Hits
- Retroactive Application of rulings and circulars, rules and regulations promulgated by the CIR - - 1295 Hits
- BIR Commissioner may revoke, repeal or abrogate the acts or previous rulings of his predecessor - - 1114 Hits
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