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Question II

2007 Bar · Taxation · 1 sub-question

II. (10%) The Local Government Code took effect on January 1, 1992. PLDT's legislative franchise was granted sometime before 1992. Its franchise provides that PLDT will only pay 3% franchise tax in lieu of all taxes. The legislative franchises of Smart and Globe Telecoms were granted in 1998. Their legislative franchises state that they will pay only 5% franchise tax in lieu of all taxes. The Province of Zamboanga del Norte passed an ordinance in 1997 that imposes a local franchise tax on all telecommunication companies operating within the province. The tax is 50% of 1% of the gross annual receipts of the preceding calendar year based on the incoming receipts, or receipts realized, within territorial jurisdiction. Is the ordinance valid? Are PLDT, Smart and Globe liable to pay franchise taxes? Reason briefly.

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