It is well-settled then that there is indeed a substantial distinction between these two sets of individual taxpayers, in compliance with the requirement that taxation shall be uniform and equitable. Equality and uniformity in taxation means that all taxable articles or kinds of property of the same class shall be taxed at the same rate. The taxing power has the authority to make reasonable and natural classifications for purposes of taxation.5 As clarified by Justice Tuason, where the differentiation complained of conforms to the practical dictates of justice and equity, it is not discriminatory and is therefore uniform6. There is quite a similarity then to the standard of equal protection for all that is required is that the tax applies equally to all persons, firms and corporations placed in similar situation7.
In this instance, what was enunciated is that self-employed/professionals are not prejudiced by B.P. 135. Evidently, this does not support my premise that salaried individuals are the ones somewhat discriminated. In fact, such ruling states that no one is being favored. But this is not where the story ends. After B.P. 135, R.A. 7496 took effect in 1992 adopting the Simplified Net Income Taxation Scheme for the self-employed and professionals engaged in the practice of their profession, amending sections 21 and 29 of the NIRC. Professionals/self-employed were subjected to a new graduated rates of tax from 3% to 30%. The disparity between the rates of tax applied to the two sets of individual taxpayers is essentially eliminated. Seemingly, this puts the classification between salaried individuals and self-employed/professionals purposeless considering that they are given virtually the same rates of tax.
Then comes Republic Act No. 8424, otherwise known as the Comprehensive Tax Reform Act of 1997. Under this new tax code, the provision on the simplified net income tax for the professionals/self-employed has been deleted. In other words, both salaried individuals and professionals/self-employed are now subject to the new graduated rate of tax of 5% to 34% (1999-33%; 2000-32%).
If there is really a substantial distinction that makes up the real difference between this two group of taxpayers, then how come both of them are now subject to the same tax rates? How can we reconcile the fact that both taxpayers are subject to the same rates of tax and yet they are applied to different tax base? Do such uniformity conforms to the dictates of justice and equity? It would logically be unfair to salaried taxpayers to be taxed at the same rates as those applied to self-employed/professionals as they may not avail of all sorts of deductions unlike the latter to produce the base from which their taxes are computed. As what Justice Abad Santos wrote in his dissenting opinion in the case of Sison vs. Ancheta, "While the tax rates for compensation income are lower than those for net income, such circumstance does not necessarily result in lower tax payments for those receiving compensation income. In fact, the reverse will most likely be the case: those who file returns on the basis of net income will pay less taxes because they claim all sorts of deduction."
In this instance, what was enunciated is that self-employed/professionals are not prejudiced by B.P. 135. Evidently, this does not support my premise that salaried individuals are the ones somewhat discriminated. In fact, such ruling states that no one is being favored. But this is not where the story ends. After B.P. 135, R.A. 7496 took effect in 1992 adopting the Simplified Net Income Taxation Scheme for the self-employed and professionals engaged in the practice of their profession, amending sections 21 and 29 of the NIRC. Professionals/self-employed were subjected to a new graduated rates of tax from 3% to 30%. The disparity between the rates of tax applied to the two sets of individual taxpayers is essentially eliminated. Seemingly, this puts the classification between salaried individuals and self-employed/professionals purposeless considering that they are given virtually the same rates of tax.
Then comes Republic Act No. 8424, otherwise known as the Comprehensive Tax Reform Act of 1997. Under this new tax code, the provision on the simplified net income tax for the professionals/self-employed has been deleted. In other words, both salaried individuals and professionals/self-employed are now subject to the new graduated rate of tax of 5% to 34% (1999-33%; 2000-32%).
If there is really a substantial distinction that makes up the real difference between this two group of taxpayers, then how come both of them are now subject to the same tax rates? How can we reconcile the fact that both taxpayers are subject to the same rates of tax and yet they are applied to different tax base? Do such uniformity conforms to the dictates of justice and equity? It would logically be unfair to salaried taxpayers to be taxed at the same rates as those applied to self-employed/professionals as they may not avail of all sorts of deductions unlike the latter to produce the base from which their taxes are computed. As what Justice Abad Santos wrote in his dissenting opinion in the case of Sison vs. Ancheta, "While the tax rates for compensation income are lower than those for net income, such circumstance does not necessarily result in lower tax payments for those receiving compensation income. In fact, the reverse will most likely be the case: those who file returns on the basis of net income will pay less taxes because they claim all sorts of deduction."