Archive for the ‘Legislation’ Category

Federal Toilet Paper Tax?

Tuesday, July 21st, 2009

Via Watts Up With That comes news of Congressman Earl Blumenauer’s (D-OR) proposed Water Resources Protection Act. Buried in this legislation are four new taxes [link opens a Word document]

– 3% excise tax on items disposed of in wastewater, such as toothpaste, cosmetics, toilet paper and cooking oil: These products wind up in the water stream and require clean up by sewage treatment plants.

– 0.5% excise tax on pharmaceutical products.

– 0.15% tax corporate profits over $4 million.

– 4 cent per container excise tax on water-based beverages.

I’m beginning to wonder if there’s anything the Democrats don’t want to tax.

As a reminder to those like Congressman Blumenauer, all taxes are passed on to consumers. Perhaps his constituents are different than most Americans and they want to pay more for the items they need on a daily basis. Perhaps they want a lower standard of living. Or perhpas they have the mistaken belief that only the wealthy pay taxes.

The Thomas Register shows that this bill has only seven co-sponsors. Hopefully that number will head to zero for this misguided piece of legislation.

Cap and Tax

Sunday, July 5th, 2009

Did you know that Congress is considering passing a tax increase? You hadn’t heard about that, right? Well, it’s not called a tax increase but it definitely is.

This misguided legislation is called The American Clean Energy and Security Act of 2009 (“Cap and Trade”). You can read the bill here (warning: it’s a 1,484 page pdf document). There are lots of provisions in it which will increase the amount you have to spend for necessities. These may not be direct taxes, but it’s a taking by the government and that’s a tax in my book.

Stephen Spruiell and Kevin Williamson have published an article called A Garden of Piggish Delights. It looks at 50 reasons why this legislation should go in the garbage can of history. It’s rare when I’ll urge action on one side of a piece of legislation, but this is such a time. Read the article and then contact your Senators in Washington and urge them to vote no on this legislation.

Lies, Deceits, and Nefarious Schemes

Sunday, June 28th, 2009

When President Obama was elected, I noted that everyone should watch their wallets and that tax increases would be on the horizon. Sure, President Obama said that there would be no middle class tax increase. Unfortunately, it appears that every Obama promise comes with an expiration date and this one is no exception.

Senior White House adviser David Axelrod today told George Stephanopoulos that President Obama would not rule out a middle class tax increase as part of a package to pay for health care reform.

I am beginning to wonder if the Democrats’ solution to all problems is to increase taxes.

Clunker Vouchers Likely Taxable in California

Friday, June 26th, 2009

President Obama signed the Clunker Voucher program into law. This program will give automobile dealerships that register for it the ability to give out $3500 or $4500 vouchers to individuals for use when they buy a new vehicle that has better fuel efficiency than the vehicle they’re getting rid of.

Spidell is reporting that they believe that the vouchers will be taxable as income under California law unless the legislature decides to conform to federal law. (Under the bill that President Obama signed, the vouchers are not taxable.) The chance of California complying given the current budget fiasco is essentially nil.

Ballmer: Obama Plan Would Lead to Jobs Moving Overseas

Thursday, June 4th, 2009

The Obama Administration has announced plans to increase taxes on American businesses with foreign operations. Generally, taxes would increase on these firms’ foreign profits.

So assume you’re the CEO of such a firm. Well, if we move American employees overseas the profits of our foreign divisions would decrease. Voila, decreased taxation!

Unfortunately, this obvious reaction escaped the Obama Adminstration. It didn’t escape Steven Ballmer, CEO of Microsoft. Bloomberg quotes Mr. Ballmer, “It makes U.S. jobs more expensive…We’re better off taking lots of people and moving them out of the U.S. as opposed to keeping them inside the U.S.”

Perhaps Mr. Ballmer is now having buyer’s remorse. He was a $100,000 contributor to Mr. Obama. I try to keep politics out of a tax blog, but generally there’s a reason that Democrats are known for ‘tax and spend’ politics. And it’s happening again.

Big Tax Increases Coming?

Thursday, June 4th, 2009

The Obama Administration has set a record on spending. Somehow they have had the belief that they wouldn’t have to increase taxes to pay for the spending. All along I’ve said that’s nonsense. It appears that everyone except the current Administration has come to that conclusion.

Even the left-leaning New Republic agrees. William Galston notes:

The conclusion is inescapable: to accomplish over the next decade what Treasury Secretary Geithner promised yesterday in Beijing, we will need a combination of spending restraints and revenue increases going well beyond what anyone has put on the table so far. The more imponderable question is how long it will take the political system to acknowledge this uncomfortable reality.

Yes, change you can believe in….

Tea Party on Tax Day

Wednesday, April 15th, 2009

Today is Tax Day, so for the procrastinators out there it’s time to file your extension. For those of you who aren’t tax accountants, it’s time to let our politicians know whose money they spend.

There will be a series of tea parties protesting our tax system and the current increases in taxes. Locally, there will be a Tea Party from 12:00 noon to 2:00 pm at the Plaza of the Flags at the Santa Ana Civic Center. Later today, from 4:00 pm until 7:00 pm there will be a rally at the intersection of Marguerite Parkway and La Paz Road in Mission Viejo.

While I wish I could attend I will be otherwise occupied.

The Stop Tax Haven Abuse Act and Online Gambling

Wednesday, March 4th, 2009

Senator Carl Levin (D-MI) and others introduced the Stop Tax Haven Abuse Act on Monday. The Act targets financial transactions into (or out of) jurisdictions that are considered to be tax havens.

Senator Levin has posted a summary of the legislation. Given that I expect many Republicans to support this measure I think it has a good chance of passage.

There’s some interesting language in the bill, and online gambling may end up impacted by this. Many of the online gambling sites are located in tax havens, including the Isle of Man, Gibraltar, Malta, Costa Rica, and Antigua and Barbuda. The Act states the following for Transfers of Income:

Transfers of income – In a tax proceeding, any amount or thing of value –

* a) transferred to a U.S. person (other than a publicly-traded corporation) directly or indirectly from an account or entity in an Offshore Secrecy Jurisdiction, or
* b) transferred from such a U.S. person directly or indirectly to an account or entity in an Offshore Secrecy Jurisdiction, will be presumed to represent previously unreported income to the U.S. person in the year of transfer.

So if you’re not keeping records, everything moved to or from an online site would be considered income unless you could prove otherwise.

Additionally, the FBAR (foreign financial account reporting) would be strengthened. “Presumption is that any account in an Offshore Secrecy Jurisdiction contains funds sufficient to trigger this reporting requirement.” So all online gambling accounts would have to be reported in any of these countries.

There’s a lot in the act, and quite a bit of it is laudable. As the recent Swiss escapades have shown, there’s plenty of tax haven abuse occurring. Unfortunately, online gambling may get caught in the crossfire.

The TaxProf Blog has links to news commentary on the proposed legislation. Additionally, on Wednesday there will be a hearing on the Swiss tax scandal in Washington.

Marlins Vote Delayed

Sunday, February 15th, 2009

The Florida Marlins play at Joe Robbie Pro Player Dolphins Stadium in South Florida. It’s a football stadium, and with the usual afternoon showers that plague South Florida it’s not an ideal place for baseball. Add in the heat and humidity of South Florida and it’s no wonder the Marlins are near the bottom in attendance.

The Marlins want a new stadium, and the Orange Bowl was just torn down. So there’s a natural location for the new stadium. Just one problem: New stadiums are expensive, and sports teams don’t want to pay for them. The estimated cost is $515 million, and the local officials (both city and county) want assurances from the team before tax money is raised. The Miami-Dade County Commission was going to vote on Friday but the vote has been delayed at least another month.

The “Stimulus” and Taxes

Friday, February 13th, 2009

The Stimulus bill which will soon pass Congress is one of the largest spending bills ever. It’s pork, pure and simple, with a veneer of stimulus. But forget the veneer, it appears to me to just be spend, spend, spend.

That said, there are a few tax proposals buried in its 1400+ pages. Let’s look at them:

1. Joe Kristan noted that estimated payments for “small business owners” for 2009 only are reduced from 100%/110% of 2008 taxes (under the Safe Harbor method) to 90%/100%. To qualify under this provision an individuals Adjusted Gross Income (AGI) must be under $500,000. As Joe noted, it’s up to the IRS to define what a small business is. Perhaps the IRS will do this before it’s time to file 2009 tax returns.

2. The AMT patch is contained within the stimulus bill. This is a good thing as otherwise it would be debated sometime late this year. It would have been better to just eliminate the AMT but there’s always tomorrow’s stimulus bill.

3. There’s a Net Operating Loss carryback provision: NOLs can be carried back up to five years for 2008 if the business’ gross receipts are $15 million or less.

4. The first time homebuyer’s credit is increased to $8,000 for 2009 for eligible purchasers. And for 2009 purchasers (but not those who got this credit in 2008) the credit does not have to be paid back.

5. There’s a deduction for interest and sales tax on new car purchasers. There are weight restrictions (under 8500 pounds) and income restrictions (AGI under $125,000/$250,000 MFJ). The deduction applies to cars, light trucks, motorcycles, and recreational vehicles purchased in 2009.

6. The eligible income floor for the Child Credit has been lowered to $3000 from $8500 for both 2009 and 2010.

7. A new tax credit of up to $2500 for tuition and expenses paid during the tax year. The credit phases-out at an AGI of $80,000 ($160,000 MFJ) and 40% of the credit is refundable.

8. Bonus Depreciation is extended through 2009.

I’m sure there are more tax provisions…especially since no Congressman or Senator has read the bill they’re voting on.

Hat Tips: Roth Tax Updates, NAEA