Taxing online advertisements: Legal basis with regard to taxability of advertisements provided by non-resident foreign corporations
Date of Publication
2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Tax Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Martin Ignacio D. Mijares
Defense Panel Chair
Ma. Fides A. Balili
Defense Panel Member
Juliu M. Lotilla
Anunciacion G Ayo
Abstract/Summary
The use of the Internet, specifically through the popular social media networks as a medium for the promotion of goods and services have grown in the recent years. Companies in the Philippines have now tapped into this medium of Online Advertising because of its accessibility to Filipinos. Online Advertisement Industry is booming in demand and very profitable. As such, taxing the revenues or profits of Companies providing online advertising platforms or medium may prove to be very lucrative source of income for the Philippines. With regard to the applicability of our current laws, the National Internal Revenue Code with respect to income tax is broad enough to be applied to this kind of transaction. However, the broadness of the law makes it a two-edged sword. Although it is applicable, its broadness also makes it susceptible to the applicability of tax limitations. Its broadness makes its application ambiguous and makes room for statutory construction. Since taxation is supposed to be construed strictly against the government, the Philippine income tax is inclined towards inapplicability to nonresident foreign corporation with regard to providing platform and medium for online advertisements because of the ambiguity in determination of situs.
This thesis aims to fill the gap between the limitation of our current laws and the non-physical characteristic of the business of providing medium and platform for online advertisements.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007468; TG07468
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Internet advertising—Taxation—Law and legislation; Corporations, Foreign—Taxation--Philippines
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Recommended Citation
Garcia, J. M., & Valera, A. V. (2018). Taxing online advertisements: Legal basis with regard to taxability of advertisements provided by non-resident foreign corporations. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7256
Embargo Period
11-15-2024
Note
Undated; Publication/creation date supplied