Archive for the ‘California’ Category

Proposition 21: State Parks Vehicle License Surcharge

Wednesday, October 27th, 2010

Proposition 21 on the California ballot would add an $18 fee (err, tax) to vehicle license renewals to fund state parks. Shockingly, the California State Park Rangers Association is for the measure. The measure would help to fund the park system. As for boosting California’s economy (a claim of proponents), it would take money away from consumers. That’s a tax, and that does anything but help the economy. Well, it would help the economic situation of those employed at state parks….

No matter how you feel about the measure, remember to vote on November 2nd.

Proposition 20: Congressional Redistricting & Proposition 27

Tuesday, October 26th, 2010

Proposition 20 on the California ballot would take redistricting of Congressional districts out of the hands of the state legislature and give it to the Redistricting Commission. That commission was formed as a result of Proposition 11 on the 2008 ballot; Proposition 11 took redistricting of the state legislature away from the state legislature.

Proponents of the measure argue that it will help to create fair districts. Opponents argue that Proposition 27 is the better measure and Proposition 20 would waste money.

Proposition 27 would eliminate the Redistricting Commission; essentially, it would reverse the passage of Proposition 11. That would continue the system used in 2000 that gave California zero competitive districts: Every district was gerrymandered. It’s worked quite well to help our legislature be, well, partisan.

I think you can guess how I’ll be voting on these measures. It’s interesting to see that the Sierra Club is against Proposition 20 while the AARP and the NAACP are for it.

Proposition 19: Marijuana “Legalization”

Tuesday, October 26th, 2010

It’s time to begin our analysis of the ballot propositions that Californians will face in one week. There’s a lot on the ballot, and several of the measures have a direct impact on taxes.

Let’s start with Proposition 19. This measure would legalize marijuana under California law. However, the measure has no impact on federal law…and marijuana use and cultivation would still be illegal under federal law. While proponents argue the measure would cause huge new tax sources, the reality is that unless and until the federal government legalizes marijuana, this ballot measure would have little or no impact. Indeed, it’s become clear that should the measure pass the US Department of Justice would likely sue California to stop the implementation of the law.

This measure does unite Democrats and Republicans; both candidates for state Attorney General, Kamala Harris (D) and Steve Cooley (R), oppose the measure. So does Senator Dianne Feinstein.

No matter where you stand on this measure remember to vote on November 2nd.

Shock! Government Agencies in California Forced to Lay Off Employees

Monday, October 25th, 2010

The Los Angeles Times has a story today on how government agencies in California have been forced to lay off workers. The Times calls the cuts “ravaging.” I’d call them necessary and the tip of the iceberg.

There’s a basic fact of budgeting that I and other small business owners must live with: We can’t spend more than what we take in. If I spend $50,000 more than my revenues, I’m either going to have to use my savings or tap a loan or line of credit. The latter is a short-term solution; the former causes most business owners consternation.

Government agencies have considered themselves “self-perpetuating” organizations. Some politicians talk about the “Government Sector.” The last time I checked, government is supposed to be of the people and for the people, not for the government. While I do feel sorry for the workers who have been laid off some portions of California’s government are starting to learn about basic economics.

California faces an interesting choice in the election on November 2nd. The Republican candidate for governor, Meg Whitman, touts her experience in running eBay and her business acumen. The Democratic candidate, former governor Jerry Brown, says he’s never increased taxes. The negative advertising has been loud and furious (by both candidates, and their surrogates). My mother said it’s one of the worst barrages of political advertising she can remember.

Yet there’s an obvious truth that must be noted. Jerry Brown’s biggest supporters are public employee unions. Public employees (especially their contracts and pensions) are a huge part of the problem in California. If Jerry Brown wins, will he be willing to fight the unions? Like it or not, the next governor will be faced with the choice of drastically raising taxes to pay for public employees’ largess or fighting the unions. Somehow I doubt that Jerry Brown will fight the hand that is feeding him.

Uh Oh: Instead of My Tax Refund All I Got Was This Piece of Paper…

Monday, October 18th, 2010

California is short of money, so according to Spidell, all California tax refunds have been suspended. The suspension is due to “cash flow difficulties.” California does have a budget so, in theory, refunds should resume soon. Of course, that depends on how collections go with the October 15th extension deadline…

It would be helpful if the Legislature were to pass a budget whose outflows matched the inflows. That, though, appears to be asking too much.

Brother, Can You Spare $30 Billion?

Monday, October 11th, 2010

The analysis is out and California has another Bad Budget™. Let’s see what’s in this “Let’s Defer to Tomorrow What We Don’t Want to Address Today” piece of cheese:

  1. The budget assumes $5.4 billion in federal funds.  That seems fine until you realize that only $1.3 billion is likely to make its way here.  Well, that’s only a $4.1 billion difference.
  2. The budget assumes that tax revenues will be higher than anyone in Sacramento (other than the people writing the budget) have projected.  Think of a rosy forecast, and then think best case of rosiness, then…well, you get the idea.  Let’s add another $2 billion of overage.
  3. There’s cuts to state workers and schools.  Well, that might be good except the way the budget is written these cuts must be paid back.  That’s probably another $5 billion or so.
  4. The budget assumes state workers will agree to major cuts in pensions.  Well, there’s probably no choice in that regard–the cuts pretty much have to happen.  Still, what if they don’t agree?  Contracts are contracts.

And the pension issue is particularly ugly, as Steven Greenhut reported in today’s Register. My educated guess is that the new governor will be facing a $30 billion deficit when he or she takes office. That’s a lot of money.

“Threatens to Bankrupt [California]”

Wednesday, October 6th, 2010

That line was used by the Orange County Register to describe the California Center for Public Policy’s report on Pensions and Employee Compensation. That’s scary.

Here’s a quote from the Register:

The report says that the state’s tax-paid pensions have made defacto millionaires out of most of California’s employees by the time they reach their late 50s. Meanwhile, public safety and other employees frequently pay less than half or none of their retirement benefits, says the report, “Reforming Public Employee Pensions and Compensation.”

Here’s the conclusion from the Report.

California faces three choices in the coming years to right its government fiscal imbalance at state, school district, county, and city levels–though usually only the first two are considered:
1) reduce services;
2) raise taxes, fees, and charges; or
3) pay public employees fair salaries, benefits, and pensions
The third choice is the preferred alternative to avoid either further and continually diminishing government services, or further and continually increasing taxes, or both. California’s budgetary crises would be resolved with more more public services and lower taxes if public employees were paid fair salaries, benefits, and pensions.

The full report is well worth your time as it succinctly describes the reality not just in California but in most states and locales in the country.

That Was the Week That Was

Monday, October 4th, 2010

A very interesting week has past, featuring PTIN madness, a new California budget that is yet another bad budget, and what not to do if you’re unhappy with your tax refund.

First, Joe Kristan linked to the Bad Lawyer Blog. No, there really are good lawyers (my lawyer and my relatives who are mostly attorneys). But the Bad Lawyer was sentenced to five months at ClubFed for attempted tax evasion. (Although the lawyer first wrote that he was sentenced to home confinement, he received jail time.) Very interesting reading.

Joe also posted on the fallacy of the “less than 98% of small businesses will be impacted by the upcoming tax increases.” In quantity, that’s true; but in economic impact, it’s false.

Today, the TaxProfBlog noted that former Kansas City Chief Joe Bruner received one year in prison for assault. He thought he should have gotten a larger tax refund, so he took it out on his accountant.

Lots of tax bloggers have written about their fun with the PTIN. Besides my two posts (here and here), here are some of the other posts:
Robert Flach’s What a Mucking Fess;
Kerry Kerstetter’s Own PTIN Application and a report from a CPA whose application didn’t go smoothly.
Let’s just say there are bugs in the system, and it’s likely going to be awhile before they’re worked out.

Finally, as I noted California has a budget…maybe. The Orange County Register noted that according to legislators and others who refused to go on the record, the budget contains lots of borrowing, very rosy projections, and gimmicks. While there aren’t any new taxes, there’s no real solution with this budget. Yes, I can make a budget balance if I just say that revenues will be a couple billion higher than everyone knows they’ll be and then borrow the rest. Expect a $20 – $30 billion budget shortfall in 2011 in California.

Bills Vetoed and Signed

Saturday, October 2nd, 2010

Lots of bills signed and vetoed by Governor Schwarzenegger. Most of these do not have tax implications though a few do. Here goes:

SB 1244 was signed into law. This fixes a major conformity issue between federal and California law regarding LLC payroll (non)conformity. This is a huge win for California LLCs. One note of caution: Conformity under this measure starts on January 1, 2011; the bill is not retroactive.

AB 2418 was vetoed. We’re now into humor: The bill would have removed the apostrophe in the Contractors’ State License Law. Here’s Governor Schwarzenegger’s veto message:

To the Members of the California State Assembly: I am returning AB 2419 without my signature …

-Number of legislative committees that took time hearing this bill: 3

-Number of pages in this bill needed to remove an apostrophe: 184

-Taxpayer dollars used to pass this bill through the Legislature: $ thousands and thousands.

-The outrage the public should have that the Legislature is spending its time “working” on bills like this instead of focusing on California’s real problems: PRICELESS.

The massage industry is thrilled that the Governor vetoed a measure that would have mandated law enforcement members on the California Massage Therapy Council. I have to wonder why there’s a California Massage Therapy Council.

A Budget Deal Is Reached But…

Saturday, October 2nd, 2010

…No one knows what’s in it.

AP and the Sacramento Bee are reporting that a budget deal has been reached.

Assembly Republican Leader Martin Garrick (R-Carlsbad) released a statement stating, “Legislative leaders and the Governor have finally reached an agreement on a no-tax budget that protects California jobs. Staff will be drafting the budget language and bills in the coming days, and we plan to have a public hearing on Wednesday and a vote on Thursday.”

The devil is in the details, of course, so we’ll have to wait until next week to see what’s changing. I’ll keep you updated.