Sunday, June 21, 2009

Situs of Taxation

SITUS OF TAXATION- literally means the place of taxation, or the country that has jurisdiction to levy a particular tax on persons, property, rights or business.

Basis: Symbiotic relationship. The jurisdiction, state or political unit that gives protection has the right to demand support.

The situs of taxation is determined by a number of factors

a. Subject matter- or what is being taxed. He may be a person or it may be a property, an act or activity;

b. Nature of tax- or which tax to impose. It may be an income tax, an import duty or a real property tax;

c. Citizenship of the taxpayer

d. Residence of the taxpayer.

1. Residence tax- place where the person resides
2. Income Tax-
a. citizenship, or the country of which he is a citizen
b. legal residence
c. place where the income is derived.
3. Estate Tax- residence of the decedent at the time of his death
4. Donor’s Tax- residence of the donor at the time of donation
5. Business/occupation tax- where the business is done or the occupation is engaged in;
1. Real Property- location of the property
2. Tangible personal property- location of the property
3. Intangible personal property- domicile or residence of the owner