.
"Among individuals, the tax gap as (a) percentage of potential income is highest among
businessmen and professionals, averaging 68% or P26 billion from 2001-2005. On the
other hand, tax evasion is relatively lower among pure compensation income earners or
salaried individuals due to the withholding tax scheme. The estimated uncollected
income taxes from wage and salary workers (are) less than P10 billion per year from
2001-2005, for an average tax gap of 10.9%. ln fact, in some years, the BIR has been
able to collect almost 10Oo/o of the potential tax due from compensation income."
Taxation withaut discrimination to realize human rights
Taxation that complies with human rights requires both negative and positive actions. Negative
actions require the avoidance of any tax measure that results in the non-enjoyment of human
rights, or discriminates against anyone. Positive actions require the adoption and
implementation of administrative and other arrangements to ensure the efficient and equitable
collection of taxation revenues necessary to pursue policies that realize human rights.
The development of equitable tax systems is a prerequisite for achieving human rights. (Waris
and Kohonen,2011) The 1987 Philippine Constitution mandates uniform and equitable taxation
and requires a progressive system of taxation. Progressive taxation simply means that those
with higher income pay a relatively larger share of their income on taxes and their share rises
progressively when their income levels rise.
Philippine taxes may be classified into direct and indirect taxes depending on whether taxes are
based on the taxpayer's ability to pay.
Philippine Taxes imposed by the National lnternal Revenue Code, the Tariff and Customs Code and
the Gcd Govemment Codq
DirectTaxes
lndirect Taxes
lncome Tax (lndividual and Corporate)10
Value Added Tax11
Capital Gains Tax12
Hercentage lax
Estate Tax14 and Donor's Tax15
tsxctse lax
Real Property Tax
lmport Duties
ProfessionalTax
Export Duties
13
16
Community Tax
10
Tax on all yearly profits arising from property, profession, trades or offices or as a tax on a person's income,
emoluments, profits and the like; see Bureau of lnternal Hevenue, http://vvww.bir.gov.ph/taxinfo/taxinfo.htm.
11
Business tax imposed and collected from the seller in the course of trade or business on every sale of properties
(real or personal), lease of goods or properties (real or personal) or vendors of services. lt ls an indirect tax, thus, it
can be passed on to the buyer; see Bureau of lnternal Revenue, http:,//wvvw.bir.gov.ph/taxinfo/taxinfo.htm.
12
Tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other
disposition of capital assets located in the Philippines, including pacto de retro sales and other forms of conditional
sal e ; see B u rea u of In te rn a I R eve n u e, h ttp ://www. b i r. g o v. p h/taxin fo/taxi nfo. h tm.
13
Business tax imposed on persons or entities who sell or lease goods, properties or services in the course of trade
or business whose gross annual sales or receipts do not exceed P550,000 and are not VAT-registered; see Bureau
of Intern al Reven u e, h ttp ://vvww. bi r. gov. ph/taxinfo/taxinfo. htm.
la
Tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the
time of death and on certain transfers which are made by law as equivalent to testamentary disposition; see Bureau
of ln terna I Reven ue, http ://www. bir. g ov, ph/taxi nfo/taxinfo. htm.
lu
Tax on a donation or gift, and is imposed on the gratuitous transfer of property between two or more persons who
are living at the time of the transferi see Bureau of lnternal Revenue, http://www.bir.gov.ph/taxinfo/taxinfo.htm.
16
Tax levied on specific article,
60