Differentiation Tables - Chapt 1
2
TOLL VS TAX TOLL TAX DEFINITION - Sum of money for the use of something - Consideration which is paid for the use of a road, bridge, or the like, of a public nature Enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs DEMAND OF Demand of proprietorship Demand of sovereignty PURPOSE Paid for the use of another’s property Support of the government AMOUNT Amount depends upon the cost of construction or maintenance of the public improvements used No limit to amount of collected tax as long as it is not excessive, unreasonable or confiscatory PENALTY VS TAX PENALTY TAX DEFINITION Any sanction imposed as punishment for a violation of law or acts deemed injurious Enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs PURPOSE Regulate conduct Generate revenue IMPOSING AUTHORITY Imposed by the government or by private individuals Government SPECIAL ASSESSMENT TAX VS TAX SPECIAL ASSESSMENT TAX DEFINITION Enforced proportional Enforced proportional contribution from owners of lands especially benefitted by public improvements contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs IMPOSED ON Land Property, persons and excises LIABILITY X personal liability of the person assessed; it is limited to land BASIS Benefits; not necessity APPLICATION Exceptional both as to time and place General application LICENSE FEE VS TAX LICENSE FEE TAX PURPOSE Regulation Revenue BASIS Police power Power of taxation AMOUNT Limited to cost of the license and expenses of police surveillance and regulation No limit TIME OF PAYMENT Before commencement of business After commencement of business EFFECT OF PAYMENT Failure to pay = makes business illegal Failure to pay = x makes business illegal SURRENDER May be surrendered with or without consideration Cannot be surrendered E: for lawful consideration OBLIGATION TO PAY DEBT VS OBLIGATION TO PAY TAXES DEBT TAX BASIS Contract, express or Laws
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Transcript of Differentiation Tables - Chapt 1
TOLL VS TAX
TOLL TAXDEFINITION - Sum of money for the use of something
- Consideration which is paid for the use of a road, bridge, or the like, of a public nature
Enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs
DEMAND OF Demand of proprietorship Demand of sovereigntyPURPOSE Paid for the use of another’s property Support of the governmentAMOUNT Amount depends upon the cost of
construction or maintenance of the public improvements used
No limit to amount of collected tax as long as it is not excessive, unreasonable or confiscatory
PENALTY VS TAX
PENALTY TAXDEFINITION Any sanction imposed as punishment for
a violation of law or acts deemed injurious
Enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs
PURPOSE Regulate conduct Generate revenueIMPOSING AUTHORITY
Imposed by the government or by private individuals
Government
SPECIAL ASSESSMENT TAX VS TAX
SPECIAL ASSESSMENT TAXDEFINITION Enforced proportional
contribution from owners of lands especially benefitted by public improvements
Enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs
IMPOSED ON Land Property, persons and excises
LIABILITY X personal liability of the person assessed; it is limited to land
BASIS Benefits; not necessityAPPLICATION Exceptional both as to time and
placeGeneral application
LICENSE FEE VS TAX
LICENSE FEE TAXPURPOSE Regulation RevenueBASIS Police power Power of taxationAMOUNT Limited to cost of the license
and expenses of police surveillance and regulation
No limit
TIME OF PAYMENT Before commencement of business
After commencement of business
EFFECT OF PAYMENT Failure to pay = makes business illegal
Failure to pay = x makes business illegal
SURRENDER May be surrendered with or without consideration
Cannot be surrenderedE: for lawful consideration
OBLIGATION TO PAY DEBT VS OBLIGATION TO PAY TAXES
DEBT TAXBASIS Contract, express or implied LawsASSIGNABILITY Assignable X assignableCONSIDERATION Paid in kind In moneySET OFF OR COMPENSATION
✓ X
PRESCRIPTION Ordinary periods Special prescriptive periods provided for in the NIRC
INTEREST Draws interest when it is so stipulated or where there is default
X draw interestE: when delinquent
