Archive for the ‘California’ Category

California Revenues Continue Below Budget

Friday, November 11th, 2011

October is usually a good month for California collections (of taxes). After all, it’s the extension deadline and many residents send more money to Sacramento. This month, though, revenues were $810 million below budget; the deficit year to date is somewhere between $1.5 billion and $1.7 billion.

That deficit is just for four months. Projected for a full year, that’s a nearly $5 billion budget deficit.

As I’ve mentioned in the past, the solution is to make California a more business friendly state so that businesses have a reason to be in the Bronze Golden State. Instead, it’s state employees who get raises while the people are threatened by the Governor with higher taxes.

My budget ideas would have no chance of passing in Sacramento, but are simple and to the point:

1. End redundant state agencies.
2. Cut unnecessary state agencies.
3. End public employee unions.
4. Eliminate defined benefit pensions for state employees.
5. Have a two-year term of the Legislature where the legislature is required to cut 20% of state regulations and or laws.
6. Cut state tax rates by 5%. (I am not stating that California’s top income tax bracket should be reduced from 9.3% to 4.3%; rather, that it should be reduced by 5%: From 9.3% to 8.85%.)

I’ve written about the redundant and unnecessary state agencies in the past. I’ll be posting on the other ideas in the next couple of weeks.

California needs to face reality: The state is broke. Radical change is necessary. It won’t be pretty to many but the state can’t continue to spend money it doesn’t have.

“Unwritten, Arbitrary, and Capricious Policies”

Monday, October 31st, 2011

While I just praised the Board of Equalization for doing something smart, it’s time for a dose of reality in dealing with the world of California bureaucracy. A gentleman named Aaron Greenspan developed a product called FaceCash. California has a statute regarding money transmission businesses, which is what FaceCash does. Mr. Greenspan desired to make sure that he complied with the law. If only it were like applying for a license (which it should be).

The whole saga is noted in an open letter to Governor Brown, a response from a senior advisor to Governor Brown, and various emails back and forth. Mr. Greenspan found that the state agencies had “…unwritten, arbitrary and capricious policies…” and that the experience reminded him of a novel by Kafka. Having read The Trial many years ago, it’s an apt comparison. For those who haven’t read Kafka, another comparison is to Lucy and Charlie Brown. Remember how Charlie Brown would try to kick the football, and every time she’d pull the football out so that Charlie Brown fell down? Well, Lucy is like the bureaucracy in California, making it impossible for an entrepreneur (Charlie Brown) to succeed.

If you want a taste of what it is like to deal with the bureaucracy in Sacramento, read Mr. Greenspan’s letter and the back and forth replies that follow. It’s worth your time.

Mr. Greenspan has asked for a response to his complaints by November 2nd. If not, “[Mr. Greenspan] will bury the [California Department of Financial Institutions] in formal complaints….” Burying a bureaucracy in paperwork? This should be interesting!

The BOE Does Something Smart

Monday, October 31st, 2011

One of my clients received a letter from the California Board of Equalization:

Our records of your qualified purchaser use tax account indicate that you have filed “zero returns” (no use tax to report) for three consecutive years. Therefore, this letter is to inform you that we are canceling your qualified purchaser use tax account….

My client was required to register for a use tax account as he had gross sales of over $100,000. He buys everything from retailers, so he’s never had a purchase subject to use tax. Yet he’s had to file use tax returns for the last three years.

Not anymore. The BOE has decided that California service businesses that have no purchases subject to use tax for three consecutive years will now not need to file use tax returns. Those returns are due on April 15th…a day tax professionals have something else to worry about.

That said, more and more jurisdictions are beginning to enforce use tax laws. We’re adding a form with our Organizers for 2011 regarding use tax as it’s clear where this is heading. Still, the BOE’s action is a ray of sunshine on the tax front.

Sometimes the Light at the End of the Tunnel Is an Oncoming Train

Tuesday, October 11th, 2011

September revenue in California came in at a bit more than $300 million under forecast. That brings the fiscal year to somewhere between $700 and $800 million below forecast. (The California Controller’s office and the California Finance Department use slightly different numbers, so the exact shortfall number varies between the departments.)

No matter, if we take $700 million for three months and project that out for twelve months, you get $2.8 billion under forecast. As the Bloomberg article I linked to notes, automatics spending cuts in California are almost certain to happen.

The problems the Bronze Golden State face can be summed up simply in that the state hasn’t found a regulation that they don’t like and a tax they don’t want. Add in a recession nationally (no matter if the pundits haven’t officially called it a recession, the public is acting as if it is a recession) and neither businesses nor individuals want to spend money or do anything else that increases California collections.

California should, of course, cut regulations and make the state more business friendly. Unfortunately, that has as much chance as it snowing in Irvine today.

A good juxtaposition with this is that Governor Jerry Brown signed the so-called “Dream Act” into law. This law will consider illegal immigrants in California state residents and allow them to enter California state colleges and universities and pay resident rates (which are less than non-resident rates). That will, of course, increase the costs to the universities and increase the state’s deficit.

In Regulators We Trust

Monday, September 26th, 2011

That might be the state motto of California. An excellent article by Mike Perrault of the Desert Sun looks at what has happened to the entrepreneurial spirit in the Bronze Golden State.

It contains the news that:

  • A Vietnamese restaurant owner was required to install a $17,000 grease trap…though her cooking style makes that a complete waste of money;
  • It takes up to two years to get the permits to open a restaurant in California.  It takes 45 days in Texas; and
  • California lost 4,632 businesses in 2010, more than five times as many as in 2009.

There’s plenty more in this article on the decline of the Golden State, one regulation at a time.

California Leads the Way: Worst State for Business

Wednesday, September 21st, 2011

Another survey, another “winner” for California. Every three years Development Counsellors International publishes a survey: A View from Corporate America: Winning Strategies in Economic Development Marketing. Among the many results in the survey are the five best and worst states for business.

Here are the five best states for businesses:

1. Texas
2. North Carolina
3. South Carolina
4. Tennessee
5. Florida

And here are the five worst states for businesses:

50. California
49. New York
48. Illinois
47. New Jersey
46. Michigan

This survey shouldn’t shock anyone. The five worst states are known for high taxes, high regulations, and a miserable business climate. Meanwhile, the five best states are known for low taxes, low regulations, and a favorable business climate. Shocking, no?

New Math: California Missed August Revenue Forecast

Wednesday, September 21st, 2011

Just over one week ago, I wrote that California tax collections in August exceeded the budget. It turns out that California Controller John Chiang apparently had $75 million of insurance tax in August that was actually received in September. Thus, California revenues were under projections in August by $65 million.

Well, California is only $596 million under budget. What else could California do to help its cause? (My next post will deal with that.)

Third Quarter Estimated Tax Payments Due Today

Thursday, September 15th, 2011

Third quarter estimated tax payments are due on September 15th. If you make estimated tax payments, make sure you have either mailed your payment in today (using certified mail, return receipt requested) or by paying electronically using EFTPS or your state’s electronic payment system.

A reminder that most Californians who make estimated payments do not have to make a state estimated payment today. California switched to a 30% – 40% – 0% -30% scheme for estimated payments. The third quarter payment is 0%. However, if you use the annualized income method (that is, you make estimated payments based on your year-to-date income), you may need to make a payment.

Dear John, er, California

Monday, September 12th, 2011

Back when California passed the Amazon tax, I noted:

Additionally, it’s likely that large affiliates may relocate out of California to another state so that they can maintain their status. That will exacerbate the hit to California.

Well, while the California legislature and Amazon have struck a deal, other California companies are acting.

Savings.com CEO Thomas Swalla told SoCal Tech (right after the Amazon tax passed) that it would likely take them 60 days to evaluate the new law. Well, they’ve done so:

Dear California,

We’re terribly sorry to have to do this but we’re no longer a good match for each other. And trust us when we say it’s you, not us…we just can’t afford you anymore.

Ever since you and your new BFF–the Affiliate Nexus Tax–started hanging out, people just don’t want to do as much business with us anymore.

It’s unclear where Savings.com will end up; in the SoCal Tech article, their CEO speculated on moving to nearby Nevada. No matter, there will be 400 individuals not paying taxes to California, and one business entity not paying taxes to the state. Given that each paying job supports other jobs of other companies, this is a much bigger deal than you might realize.

Still, Democrats seem to have blinders on. Governor Brown still wants to pass tax increases (I kid you not). It’s time for California to cut taxes and regulations, or the state that was an entrepreneur’s haven in the last century will become a desert for entrepreneurs in this century.

California Collections Improve in August

Sunday, September 11th, 2011

California revenues slightly surpassed budgeted amounts in August. Revenues were ahead of plan by $134.9 million. For the 2011-2012 fiscal year, revenues remain $403.8 million below estimates.

The good news, though is just slight. The budget counted on $4 billion of revenues that would magically appear. The chance of that happening is slight. Far more likely will be a revenue shortfall when the year is over.

Still, California politicians and state bureaucrats will take any good news. Now, if they could only use alchemy to make money….