We Won’t Have Jim Traficant to Kick Around

Well, Election Day has come and gone. Congressional races generally went to Republicans, and the GOP will be the majority party in the House next January. That means that John Boehner of Ohio will be the next Speaker.

Mr. Boehner had no trouble winning his district (he got over 65% of the vote). However, Jim Traficant will not be heading back to Congress. Mr. Traficant, who was convicted on tax and corruption charges a few years ago, lost his bid to be elected to Congress. He received just 16% of the vote in Ohio’s 17th District. The current Congressman, Tim Ryan, was reelected with nearly 54% of the vote.

It would have been fun for tax bloggers to have Mr. Traficant in Congress. Fortunately, Ohioans apparently were sane last night.

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You Will eFile in New York

I have a few clients in New York (about 20). I have one client who strongly dislikes efiling. It appears he won’t have a choice for his 2010 tax return if I prepare his return. New York has implemented mandatory efiling for most tax professionals.

New York has removed the option of client’s opting out of efiling, and they’ve rescinded their form that allowed for this (Form TR-800 no longer exists). And most tax professionals will fall under the requirement that mandates efiling. If you prepared 100 or more returns for any jurisdiction in 2009 and prepare one or more New York returns for 2010 using tax software, you fall under this mandate for the 2010 tax year. Alternatively, if you fell under the New York efile rules in a prior year the mandate applies to you.

While Robert Flach won’t fall under this mandate (he doesn’t use tax software), almost every other tax professional will. And I don’t like it one bit. It’s not that I’m against efiling (I’m not, and believe it’s the best way of filing returns in most cases) there are situations where efiling is not the best choice. These usually involve complex returns where I want to include additional documentation with the return. (A few states allow pdf files to be submitted with an efiled tax return. It’s unclear whether this will be available for New York returns in 2010.)

Finally, it’s the client that should have the final say in this matter. Take my client who dislikes efiling. If he continues to utilize my services, I’m required to efile his returns. I could lose his business over this mandate and there’s nothing I can do about it (except violating the law). It may be that this law overreaches and is, in some way, unconstitutional. That said, most of my clients are outside of New York and the loss of one client won’t be a big deal for me. Still, possibly losing a client for this reason really irks me.

Posted in New York | 7 Comments

Taxes Are For The Other Party

The Democratic National Committee has a private club (the National Democratic Club) in Washington, DC. I guess that’s not surprising–with so many politicians in Washington, a club makes sense. But even political parties (and their clubs) must pay their taxes.

In what must be described as an “Oops” moment (or moments), the DNC and the National Democratic Club missed paying their property taxes. Well, mistakes happen. But it turns out that this mistake repeated, and repeated: Pajamas Media reports that their have been 16 missed payments during the last seven years; this has caused fines, interest, and penalties that exceed $115,000.

Let’s cue Leona Helmsley: “Only the little people pay taxes.”

Posted in Property Taxes | 1 Comment

Proposition 26: Fees Require 2/3 Vote

Proposition 26 on the California ballot would require many state and local fees to be approved by a 2/3 vote. Proponents of the measure argue that there are numerous hidden fees (taxes, in their view) that have been approved by the legislature and local governments and treats fees like taxes. Opponents argue that the measure would harm the environment.

The California Supreme Court has ruled that regulatory fees aren’t taxes. They may not be in name, but in effect they are. Still, the legislature does need some flexibility and this would definitely impact that.

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

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Proposition 25: Majority Budget Instead of 2/3 Vote

Current law requires California to have a two-thirds vote in order to pass a budget. Proposition 25 would eliminate the two-thirds requirement and would allow the budget to be approved by a simple majority vote.

Wow, it seems fair to have the majority rule. Well, that may seem to be the case but the reality in California budgeting is quite different. Democrats in the legislature have proposed massive tax increases in the last several budgets. The only reason those tax increases haven’t taken place is the two-thirds requirement; that requirement forces Democrats to compromise with Republicans in order for a budget to pass.

Shockingly, public employee unions are in favor of Proposition 25. Meanwhile, the Howard Jarvis Taxpayers Association is against the measure. No matter where you stand, remember to vote on November 2nd.

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Proposition 24: Business NOLs and Multi-State Taxes

Proposition 24 on the California ballot would eliminate the ability of businesses to take Net Operating Losses (NOLs) as federal tax law allows. Additionally, the measure would continue the usage of a three-factor system for taxation of multi-state entities by California.

Under federal tax law, an NOL can be carried back two years or carried forward 20 years. Under California law as it currently exists NOLs cannot be carried back and can only be carried forward 10 years. However, as part of the 2008 budget compromise, beginning in 2010, California law now conforms to federal law. Proposition 24 would revert California law to the old rules. It would also stop a single-factor method of apportioning California sales rather than the current three-factor system.

This may seem like much ado about nothing–it doesn’t directly impact consumers. Well, that’s not really the case because California tax law is so anti-business that anything causes pro-business tax policy should be enshrined into law. That’s not how public employee unions see it (they’re proponents of Proposition 24); they don’t want anything to stop tax revenues. Of course, that’s rather short-sighted: Many businesses have expanded outside of California and/or have moved out-of-state due to California’s business climate.

No matter where you stand on Proposition 24, remember to vote on November 2nd.

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Proposition 23: Suspension of AB32 (Global Warming Tax)

Back in 2006, the California legislature passed AB32. This measure, which was signed by Governor Schwarzenegger, allows the state to regulate greenhouse gases such as carbon dioxide (CO2). The goal of AB32 is to reduce such gas emissions by 2020.

AB32 is a huge job-killer. It’s a huge boon for regulators and a disaster for California taxpayers. Proposition 23 on the ballot would suspend AB32 until unemployment in California was 5.5% (or less).

Whether global warming is a reality or not continues to be debated. Whether AB32 would change anything is fairly clear, though. California is not the world, and if the world continues to emit CO2 the state can’t wall itself off into its own atmosphere.

I agree with opponents of Proposition 23 that the measure would hurt California’s alternative energy industries. Of course, opponents don’t tell you that (a) Proposition 23 would save far more jobs in other industries; (b) alternative energy industries either need heavy subsidies or heavy taxes on other sources of energy to be competitive; and (c) AB32 being implemented will harm California’s competitiveness.

Remember to vote on November 2nd.

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We’re Number Two!

Congratulations, California! You have the second worst business climate in the country!

Earlier today the Tax Foundation released its 2011 report on the Business Tax Climate Index. Here are the ten worst states:

50. New York
49. California
48. New Jersey
47. Connecticut
46. Ohio
45. Iowa
44. Maryland
43. Minnesota
42. Rhode Island
41. North Carolina

Here are the ten best states:

1. South Dakota
2. Alaska
3. Wyoming
4. Nevada
5. Florida
6. Montana
7. New Hampshire
8. Delaware
9. Utah
10. Indiana

One conclusion the Tax Foundation notes is, hopefully, self-obvious:

The lesson is simple; a state that raises sufficient revenue without one of the major taxes will, all things being equal, out-compete those states that levy every tax in the state tax collector’s arsenal.

Meanwhile, “The states in the bottom ten suffer from the same afflictions: complex, non-neutral taxes with comparatively high rates.”

The report is lengthy but has numerous nuggets that all tax geeks (and policymakers) should read. Unfortunately, it is highly unlikely that any lawmakers in the Bronze Golden State will take heed of the ideas noted above.

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Amazon 1, North Carolina 0

Back in April I reported on Amazon.com’s petition for declaratory relief from North Carolina; the North Carolina Department of Revenue requested information on every purchase of goods since 2005 in the Tar Heel State. And that request was rather inclusive:

By letter hand delivered on March 19, 2010, to Amazon in Seattle, Washington (the “March Information Request”), the DOR stated that Amazon’s initial response to Question 16 of the December Information Request omitted the “Bill to Name; Bill to Address (Street, City, State, and Zip); Ship to Name; Ship to Address (Street); Product/item code or description” (the “Customer Data”). The DOR demanded that Amazon provide this information “for examination” on or before April 19, 2010.

Well, the District Court has made its ruling in Amazon.com v. Lay

The DOR concedes that it has no legitimate need or use for having details as to North Carolina Amazon customers’ literary, music, and film purchases. In spite of this, the DOR refuses to give up the detailed information about Amazon’s customers’ purchases, while at the same time requesting the identities of the customers and, arguably, detailed records of their purchases, including the expressive content. With no compelling need for both sets of information, the DOR’s request runs afoul of the First Amendment. It bears noting, too, that the DOR’s requests for information were made solely in the context of calculating Amazon’s potential tax liability. Amazon has provided all of the data necessary to determine its tax liability, except any potential tax exemptions. The DOR has failed to articulate the compelling need to calculate these possible exemptions, particularly where it has admitted that it can and will assess Amazon at the highest rate and it would permit Amazon to “challenge the assessment and … establish that exemptions or lower tax rates applied to some products.” Even assuming there is a compelling need to calculate Amazon’s tax liability inclusive of exemptions, the DOR’s requests are not the least restrictive means to obtain the information. The request is overbroad. The Court GRANTS the motion for summary judgment.

So on First Amendment grounds Amazon wins this battle. Amazon also wins based on the Video Privacy Protection Act (the NC DOR’s request would cause Amazon to violate that act).

Note, though, that the court specifically noted that Amazon must comply with valid tax rulings. Of course, whether Amazon must collect North Carolina tax will continue to be fought….

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Proposition 22: Transportation Funding

Proposition 22 on the California ballot would prohibit the raiding of transportation funding for anything. The measure, if approved, would stop the practice of the legislature of using transportation funds (including the gasoline tax) to fund anything and everything else.

Not surprisingly, the Chamber of Commerce and California cities are generally for the measure while public employee unions oppose the measure. Cities are especially annoyed with the legislature’s annual raiding of local funding.

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

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