Archive for the ‘California’ Category

California Passes Amazon Tax; California to Lose Tax Revenue

Thursday, June 30th, 2011

As part of the recent budget, California implemented an Amazon tax. There were two components of the tax. First, any business with affiliates in the Bronze Golden State must collect sales tax on Internet sales. Second, any business with subsidiaries in California even if they have separate administrative arms must collect sales tax.

Amazon did what everyone thought they’d do: They immediately dropped all affiliates in California. Here’s the notice I received:

Unfortunately, Governor Brown has signed into law the bill that we emailed you about earlier today. As a result of this, contracts with all California residents participating in the Amazon Associates Program are terminated effective today, June 29, 2011. Those California residents will no longer receive advertising fees for sales referred to Amazon.com, Endless.com, MYHABIT.COM or SmallParts.com. Please be assured that all qualifying advertising fees earned before today will be processed and paid in full in accordance with the regular payment schedule.

You are receiving this email because our records indicate that you are a resident of California. If you are not currently a resident of California, or if you are relocating to another state in the near future, you can manage the details of your Associates account here. And if you relocate to another state in the near future please contact us for reinstatement into the Amazon Associates Program.

To avoid confusion, we would like to clarify that this development will only impact our ability to offer the Associates Program to California residents and will not affect your ability to purchase from Amazon.com, Endless.com, MYHABIT.COM or SmallParts.com.

We have enjoyed working with you and other California-based participants in the Amazon Associates Program and, if this situation is rectified, would very much welcome the opportunity to re-open our Associates Program to California residents. As mentioned before, we are continuing to work on alternative ways to help California residents monetize their websites and we will be sure to contact you when these become available.

But what about the second part of the tax, the corporate subsidiary? Well, that will also almost certainly be a non-starter. As this article from CNET notes, a California court has already rejected this tax. In Current, Inc. vs. State Board of Equalization, the court ruled that this tax was not legal because the company in that case had separate management, did not have integrated operations, and were separate and distinct corporate entities.

Amazon does have two such subsidiaries in California, but both are run as separate, distinct corporate entities. Amazon has good lawyers, so I’d expect that they will be following this decision exactly.

But I expect the Board of Equalization (California’s sales tax agency) to try to collect the tax. Amazon will fight it and very likely win. The fight will cost California, so the state will be out the legal fees.

Additionally, California will be out the income tax collected on the money received by affiliates. I didn’t make a fortune out of being an Amazon affiliate. However, all the income I received from Amazon was reported on my tax return. If we make a guesstimate of $1 million of income received by Californians from Amazon, that means that the state will lose about $93,000 a year in tax collections. Not much, but it all adds up.

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.

In summary, all the Amazon tax does is cost California legal fees, decrease California tax revenues, and cause some California businesses to relocate to another state. That doesn’t sound like a formula for increasing tax collections to me.

California Sales and Income Tax Rates Decrease Tomorrow

Thursday, June 30th, 2011

As part of one of California’s bad budget deals, sales and income tax rates were temporarily increased by 1% and 0.25%, respectively, for two years. Despite the protests of Jerry Brown and Democrats in the California legislature, those temporary tax increases did turn out to be temporary.

Tomorrow, California sales tax rates decrease by 1%. In Orange County, this means that generally sales tax will fall from 8.75% to 7.75%.

Income tax rates will also fall; California’s top bracket (excluding the millionaire tax) will fall from 9.55% to 9.3%.

Democrats Invent Revenue; Budget to Pass Later Today

Tuesday, June 28th, 2011

Jerry Brown faced one reality yesterday: The votes aren’t there for extension of the temporary tax increases passed two years ago. However, he and Democratic leaders of the California legislature will be passing a budget today that will on paper close a $10 billion deficit.

Thee are $4 billion of spending cuts (some will be challenged in court). There are some fee and tax increases (some of which will likely be challenged in court) to raise another $1 billion. And there’s a projected $4 billion increase in revenues…inserted because California had $1.2 billion in higher tax collections than projected in April. Finally, there’s the usual accounting gimmicks (moving certain payments to the following fiscal year) that will result in $1 billion of “savings”.

The budget includes the Amazon tax, forcing online retailers to collect California sales tax. Amazon vows that they will immediately drop all California affiliates, so that they will not have a physical presence in the state and, thus, will not have to collect California taxes.

If one is objective about the budget, it’s quite clear that this budget will leave about a $5 billion deficit for the new fiscal year…and that’s only if the economy doesn’t get worse. I’m not seeing many signs of an economic recovery.

Chiang Docks the Legislature; Was Budget Just $1.86 Billion Off?

Wednesday, June 22nd, 2011

California Controller John Chiang announced today that the budget proposed by the Democrats was not balanced and that therefore he would stop paying the legislature until a balanced budget is voted on. Mr. Chiang stated, “The numbers simply did not add up.” He said the budget had $1.86 billion more in spending than in revenues.

As you can imagine, Democrats in the legislature are livid. Democrats accused him of grandstanding and playing for a higher office. There are rumors of a lawsuit (I’m sure that would go over really well with Californians).

Frankly, Democrats should realize that the budget they proposed was yet another smoke and mirrors budget. Mr. Chiang included revenues in the proposed budget that were likely unconstitutional (he assumed all of the revenues would occur). The true budget deficit was significantly greater than $1.86 billion — probably $5 billion or more.

So will Democrats finally agree to stop kicking the can down the road, or will there be yet another episode of As the Budget Churns? Being a cynic, I’m voting for the soap opera to continue. Expect a lawsuit to be filed, and nothing to happen for more weeks. The losers, of course, are California taxpayers.

Unhappy Clients of Roni Deutch Talk to the Bee

Tuesday, June 21st, 2011

If you want to follow the Roni Deutch case, I strongly urge you to read the coverage in the Sacramento Bee. For example, on Sunday they spoke with several unhappy clients of Ms. Deutch. For the most part it appears that these individuals received initial consultations and then…nothing.

As for the firms that still advertise and promise you that they’ll stop the IRS, and you will qualify to pay “pennies on the dollar,” remember that:

  • Only about 15% of Offers in Compromise successfully make it through the IRS;
  • It typically takes over one year for an OIC to make it through the IRS;
  • Most individuals will not qualify for an OIC; and
  • If you look at the fine print of the commercials, you will see, “Case not typical.  Your results may vary.”

Peter Pappas notes,

I am willing, however, to give Ms. Deutch the benefit of the doubt. I don’t believe that she set out to defraud her customers. I think what happened is that she let the marketing arm of the business outpace the operations arm. She simply accepted more clients than her firm could competently handle and committed the fatal mistake of continuing to accept more money and more engagements without properly ensuring that the work for which she had already been engaged was being done on a timely and competent basis.

This analysis sounds quite reasonable. Still, I feel for the individuals who contracted with Ms. Deutch’s firm expecting a service, but apparently getting nothing.

Partisan Budget Passed by Democrats, Vetoed by Gov. Brown

Friday, June 17th, 2011

In the latest episode of As the Budget Churns, last night Democrats in the California legislature passed a budget but received no Republican votes for it. The budget that passed was typical for the last few years: Full of gimmicks and borrowing, in theory it closed a $10 billion deficit; however, it really didn’t.

Democratic Governor Jerry Brown promised he would veto such a budget. He did so today.

Republicans in the legislature want pension reform; Democrats are beholden to union interests and don’t want pension reform. As usual, the unstoppable force is meeting the immovable object with the normal result: Nothing happens.

There are some new wrinkles. Proposition 25, passed last November by voters, stated that the legislature would have its pay docked if they didn’t pass a budget by June 15th. Well, they passed a budget…but one that might have been unconstitutional (and it was vetoed, too). We’ll have to see if pay is docked but I’m betting it won’t be.

Assuming that’s the case, there’s no pressure on Democrats…until California starts issuing registered warrants (IOUs). That might happen in July.

So don’t forget to tune in next week for yet another exciting episode of As the Budget Churns!

Just Say No, Sacramento Style

Monday, May 30th, 2011

It’s been a while since I’ve reported on the California budget situation, but it seem apropos given that June is right around the corner and with it the constitutional deadline for California to have a balanced budget. Democratic Governor Jerry Brown would really, really like to have four Republican votes to increase taxes; however, all he has found is “no.”

With last year’s change in the California state constitution, a budget only requires a majority vote so Democrats can pass whatever they want…except tax increases. On July 1st, the temporary hike to California’s sales tax (1%) and the income tax (0.25%) expire. Republicans have stated since Brown was elected that they would not vote for any tax increases, and they’ve kept their word.

California’s budget situation isn’t as dire as it was earlier this year. April tax revenues to the state came in $6 billion higher than projected, so the state is currently facing a budget deficit somewhere between $9 and $16 billion. What’s truly needed (massive cutting of the statue bureaucracy and regulations) won’t happen–indeed, Governor Brown signed a new contract with the prison guard’s unions that will, in the long-term, just aggravate the state’s problem–so we’re left with what will probably be more phony measures and budgetary gimmicks (even though Governor Brown pledged that there would be none of these).

As for the budget, we’ll have to see; but as for tax increases, it’s very clear. They’re not going to be happening, and plans need to be made for other methods of handling the situation.

FTB’s Top 250 Delinquencies Not a Minor Affair

Monday, April 25th, 2011

Right at the end of the tax season, the Franchise Tax Board released its list of the top 250 delinquencies. There is still a celebrity or two on the list, but the new list is a bit more mundane than in the past.

It took $305,057.11 to make the list (that’s what Affordable Termite Control, Inc. of nearby Orange owes the FTB). Tops on the list are Halsey and Shannon Minor of Los Angeles; they owe $14.2 million to the FTB. Mr. Minor is the founder of CNET, and he acknowledged last year the tax debt. His ability to pay the debt may be questionable, though; Mr. Minor also owes Charlottesville, Virginia $84,000.

Still remaining on the list is Pamela Anderson. Yes, that Pamela Anderson; she owes the FTB nearly $607,861.

This time around Ms. Anderson appears to be the lone celebrity on the mix. And that’s likely a good thing for Hollywood’s elite, as this isn’t the list you want to be on.

Another List, Another Bad Score for California

Monday, April 25th, 2011

Here in the Bronze Golden State, discovering that you rank at the bottom of a list is all in a day’s work. Another list of business climate, this one from the Small Business & Entrepreneurship Council, ranks the best and worst states for small business owners. While this list came out in December, I didn’t discover it until this past week.

First, here are the top 10 states:

  1. South Dakota
  2. Nevada
  3. Texas
  4. Wyoming
  5. Washington
  6. Florida
  7. Alabama
  8. South Carolina
  9. Ohio
  10. Colorado

And now, the worst ten:

41.  Connecticut
42. Minnesota
43. Massachusetts
44. Hawaii
45. Rhode Island
46. Maine
47. Vermont
48. California
49. New York
50. New Jersey
51. District of Columbia

You might notice that the top six states share a common factor: no personal income tax. Somehow, I doubt that this list will make its way to any of the Democratic leadership in Sacramento. At least, California does not have the worst business environment of the 50 states and the District of Columbia.

Steinberg to Propose Local Income Taxes

Monday, April 25th, 2011

Democrats in California’s legislature are looking for ways to balance the budget. If you or I were spending $28 billion more than we were taking in, we would cut spending. But that’s not how Democrats in Sacramento approach the problem.

Instead, State Senator Darrell Steinberg wants to allow local school districts to impose income taxes in California. On the bright side, if such legislation were to pass California would likely end up with the top rating…as the worst business environment in the country.

Perhaps Senator Steinberg should look at an op-ed written by the president of CKE Restaurants, Andrew Puzder. Mr. Puzder asks how California can add jobs, and notes that cutting regulations, taming lawyers, and reducing the tax burden are essential. “We have some of the highest tax rates in the nation for businesses and personal incomes.” I doubt Mr. Puzder would say that adding local income taxes would help California businesses.

Luckily, it appears that Republicans in the state legislature are holding firm on their pledge for no new taxes. It’s likely that this, and the proposed tax on soft drinks, will both fizz out.