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The City of Makati assessed and collected 1% tax based on preceding year’s gross sales from all business establishments selling liquor, wine…

2026 Bar Exam · Commercial & Taxation Law · Question 18 · Essay

The question

The City of Makati assessed and collected 1% tax based on preceding year’s gross sales from all business establishments selling liquor, wine, spirits, and beer pursuant to Section 15 (Tax on Wholesalers, Distributors, or Dealers) or Section 17 (Tax on Retailers) pursuant to the new Makati Revenue Code. At the same time, the City of Makati imposed a business tax pursuant to Section 21 of the new Makati Revenue Code as a condition for the renewal of business licenses for the year 2026. Section 21 of the new Makati Revenue Code stated: “Section 21. Tax on Business Subject to the Excise, Value-Added or Percentage Taxes under the NIRC - On any of the following businesses and articles of commerce subject to the excise, value-added or percentage taxes under the National Internal Revenue Code, hereinafter referred to as NIRC, as amended, a tax of 50% of 1% per annum on the gross sales or receipts of the preceding calendar year is hereby imposed: A) On [a] person who sells goods and services in the course of trade or businesses; x x x PROVIDED, that all registered businesses in the City of Makati already paying the aforementioned tax shall be exempted from payment thereof.” On January 5, 2026, Platinum Grocery, Inc. (Platinum) paid the 1% tax as a retailer under Section 17 of the new Makati Revenue Code. To secure its 2026 business permit renewal, Platinum reluctantly paid under protest the assessed business tax under Section 21 of the new Makati Revenue Code. Platinum was advised by the Business Permit and Licensing Office that it can file a protest or refund pursuant to the relevant provisions of the Local Government Code. Is the assessment and collection of business tax under Section 21 of the new Makati Revenue Code valid? Explain.

Held

No, the assessment and collection of business tax under Section 21 of the new Makati Revenue Code is not valid because it constitutes double taxation on Platinum Grocery, Inc., which is already paying the 1% tax under Section 17 of the same Code, as held in Nursery Care Corporation; Shoemart v. Acevedo, G.R. No. 180651 and City Of Manila v. Cosmos Bottling Corporation, G.R. No. 196681.

Explanation

Section 143 of the Local Government Code (LGC) authorizes cities and municipalities to impose local business taxes on various categories of businesses, including manufacturers, wholesalers, dealers, and retailers, each under specific subsections (a), (b), and (d). Paragraph (h) of Section 143 allows the imposition of a tax on businesses "not otherwise specified in the preceding paragraphs," but only on those subject to excise, VAT, or percentage taxes under the National Internal Revenue Code (NIRC), and the tax rate must not exceed 2% of gross sales or receipts.

The new Makati Revenue Code's Section 21 imposes a tax on businesses subject to excise, VAT, or percentage taxes under the NIRC, but it exempts those already paying the tax under other sections of the same Code. This exemption aims to prevent double taxation.

The Supreme Court in Nursery Care Corporation; Shoemart v. Acevedo and City Of Manila v. Cosmos Bottling Corporation clarified that imposing two local business taxes on the same subject matter, for the same purpose, by the same taxing authority, within the same jurisdiction and taxing period, and of the same kind or character, constitutes double taxation, which is prohibited. The Court emphasized that if a business is already paying a local business tax under a specific subsection of Section 143 (such as (a) for manufacturers or (d) for retailers), it cannot be subjected again to a tax under subsection (h), which is meant for businesses not otherwise specified.

Therefore, a business like Platinum Grocery, Inc., which already paid the 1% tax as a retailer under Section 17 (based on Section 143(d) of the LGC), cannot be validly assessed again under Section 21 (based on Section 143(h)) of the new Makati Revenue Code. The exemption clause in Section 21 supports this interpretation to avoid double taxation.

Application to the facts

Platinum Grocery, Inc. paid the 1% tax under Section 17 of the new Makati Revenue Code as a retailer, which corresponds to the authority granted by Section 143(d) of the LGC to impose taxes on retailers. When the City of Makati imposed an additional business tax under Section 21 on Platinum, it effectively subjected the same business to two local business taxes for the same taxable period, on the same gross sales, and for the same purpose of generating city revenue.

Section 21 itself contains a proviso exempting registered businesses already paying the tax under other sections, but Platinum was still assessed and compelled to pay the additional tax under protest. This situation fits the Supreme Court's definition of double taxation as it involves taxing the same person twice by the same jurisdiction for the same thing.

The City of Makati, as the taxing authority, cannot impose a tax under Section 21 on Platinum, who is already paying the tax under Section 17, because Section 21 is based on Section 143(h) of the LGC, which applies only to businesses not otherwise specified in the preceding paragraphs. Since Platinum is specified under Section 143(d) as a retailer, the additional tax under Section 21 is invalid.

Hence, Platinum's payment under protest of the Section 21 tax can be protested or refunded pursuant to the Local Government Code provisions and the administrative remedies advised by the Business Permit and Licensing Office.

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This is general legal information, not legal advice.