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QUESTION 70 MCQ 2012 BAR EXAM TAXATION

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1 QUESTION 70 MCQ 2012 BAR EXAM TAXATION on Sat Nov 10, 2012 8:29 am

taxconsultantdavao


Reclusion Perpetua

70.
The City Government of Manila may NOT impose:
a) Basic real property tax at 2% of the assessed value of
real property;
b) Additional levy on real property for the special education
fund at 1% of the assessed value of real property;
c) Additional ad valorem tax on idle lands at a rate not
exceeding 5°/o of the assessed value;

d)
Special levy on lands within its territory specially
benefited by public works projects or improvements
funded by it at 80% of the actual cost of the projects or
improvements.

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2 Re: QUESTION 70 MCQ 2012 BAR EXAM TAXATION on Sat Nov 10, 2012 8:30 am

taxconsultantdavao


Reclusion Perpetua

a) Basic real property tax at 2% of the assessed value of
real property - correct ito dahil sa section 233 Ra 7160

b) Additional levy on real property for the special education
fund at 1% of the assessed value of real property;- correct ito dahil sa section 235 of Ra 7160
c) Additional ad valorem tax on idle lands at a rate not
exceeding 5°/o of the assessed value;- correct ito dahil sa section 236 of Ra 7160

d)
Special levy on lands within its territory specially
benefited by public works projects or improvements
funded by it at 80% of the actual cost of the projects or
improvements. - mali ito kasi 60% lang dapat.hindi 80%

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3 Re: QUESTION 70 MCQ 2012 BAR EXAM TAXATION on Sat Nov 10, 2012 8:31 am

taxconsultantdavao


Reclusion Perpetua
Section 240. Special Levy by Local Government Units. - A province, city or municipality may impose a special levy on the lands comprised within its territorial jurisdiction specially benefited by public works projects or improvements funded by the local government unit concerned: Provided, however, That the special levy shall not exceed sixty percent (60%) of the actual cost of such projects and improvements, including the costs of acquiring land and such other real property in connection therewith: Provided, further, That the special levy shall not apply to lands exempt from basic real property tax and the remainder of the land portions of which have been donated to the local government unit concerned for the construction of such projects or improvements.

Section 241. Ordinance Imposing a Special Levy. - A tax ordinance imposing a special levy shall describe with reasonable accuracy the nature, extent, and location of the public works projects or improvements to be undertaken, state the estimated cost thereof, specify the metes and bounds by monuments and lines and the number of annual installments for the payment of the special levy which in no case shall be less than five (5) nor more than ten (10) years. The sanggunian concerned shall not be obliged, in the apportionment and computation of the special levy, to establish a uniform percentage of all lands subject to the payment of the tax for the entire district, but it may fix different rates for different parts or sections thereof, depending on whether such land is more or less benefited by proposed work.

Section 242. Publication of Proposed Ordinance Imposing a Special Levy. - Before the enactment of an ordinance imposing a special levy, the sanggunian concerned shall conduct a public hearing thereon; notify in writing the owners of the real property to be affected or the persons having legal interest therein as to the date and place thereof and afford the latter the opportunity to express their positions or objections relative to the proposed ordinance.

Section 243. Fixing the Amount of Special Levy. - The special levy authorized herein shall be apportioned, computed, and assessed according to the assessed valuation of the lands affected as shown by the books of the assessor concerned, or its current assessed value as fixed by said assessor if the property does not appear of record in his books. Upon the effectivity of the ordinance imposing special levy, the assessor concerned shall forthwith proceed to determine the annual amount of special levy assessed against each parcel of land comprised within the area especially benefited and shall send to each landowner a written notice thereof by mail, personal service or publication in appropriate cases.

Section 244. Taxpayer's Remedies Against Special Levy. - Any owner of real property affected by a special levy or any person having a legal interest therein may, upon receipt of the written notice of assessment of the special levy, avail of the remedies provided for in Chapter 3, Title Two, Book II of this Code.

Section 245. Accrual of Special Levy. - The special levy shall accrue on the first day of the quarter next following the effectivity of the ordinance imposing such levy.lawphil.net[u]

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