Dust in the Wind

I appear to have returned from my vacation full of classic rock. Tonight’s selection is Kansas’ Dust in the Wind. Here’s an excerpt:

[Now] Don’t hang on, nothing lasts forever but the earth and sky
It slips away, and all your money won’t another minute buy.

Dust in the wind, all we are is dust in the wind
Dust in the wind, everything is dust in the wind.

I chose that particular selection because that’s what California has as a budget: Dust in the wind.

Bill Leonard says that the new budget features a structural deficit of anywhere between $8 and $26 billion. Hmmm, that sounds familiar. It’s another budget filled with one-time fixes and gimmicks. Yes, it’s signed into law and the IOUs will vanish…but only temporarily. There’s no chance that revenues for the remainder of 2009 will meet projections, and the legislators in Sacramento will have to be called back for the third time in 2009 to fix the budget.

What must be done is simple: Cut, cut, cut. Like it or not, expenses will need to be pared to match revenues. If you think Californians are for tax increases in the middle of a recession, I’ve got a bridge (actually, several) to sell you.

Here’s a link to listen to Kansas performing Dust in the Wind.

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Welcome to the Hotel California

The Eagles song Hotel California remains a classic rock hit. During my recent vacation I walked through a Hotel California—the California Hotel and Casino in downtown Las Vegas.

The California has a Hawaiian theme, and the hotel is popular with tourists from the island state. But that might not last; Governor Lingle signed legislation making gambling losses not deductible on Hawaiians’ state tax returns.

The Hawaii Department of Revenue estimated the tax (I’ll call it by its real name rather than an elimination of an itemized deduction) could bring in $300,000 to the Aloha State. It won’t. As I’ve said before, taxes never bring in what they’re projected to because individuals modify their behavior to avoid the tax. There will be a lot fewer Hawaii tax returns filed that show gambling winnings for 2009.

And yes, the law is retroactive to January 1st. State Representative Pono Chong sponsored the legislation; he told the Honolulu Advertiser that the tax is “…a way to bring in additional revenue at a time when the state is ‘undergoing a significant and possibly protracted economic downturn in tandem with the national and global economic and financial crises.'” I guess the idea of cutting state spending is anathema to Hawaiian legislators.

For the California Hotel they may have to change their theme or attract a different customer base. Otherwise the lyrics that the Eagles wrote may become true:

Welcome to the Hotel California
Such a lovely place
Such a lovely face
Plenty of room at the hotel California
Any time of year, you can find it here

Posted in Gambling, Hawaii | 1 Comment

Vacation

It’s time for my annual vacation. I’ll be back on Tuesday, August 4th. While on vacation I may post if there’s significant news on the California budget; otherwise, until I return you can catch up on taxes from the bloggers listed in the blogroll on the right.

When I return there will be big changes made to Taxable Talk. I’m about to switch hosting companies (that will happen in August) so I’ll be changing the formatting of the blog. I’m also going to redo my series on Online Poker and Taxes (some of the information is dated).

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Tax Changes in the California Budget

The California budget deal will likely be voted on today or tomorrow. There are a number of tax changes in it that will impact Californians:

Estimated Taxes Accelerated (Again). Under federal law, taxpayers make four equal (25%) estimated tax payments on April 15, June 15, September 15, and January 15, 2010. California moved to 30% payments for April and June and 20% payments for September and January this year.

In the new budget, the estimated taxes are sped up even more. The first payment (April) will remain at 30% but the second payment (June) will increase to 40%. The September payment is eliminated, but the January payment is moved to December and will be 30%. Corporate estimated payments will follow the same pattern, except that the minimum franchise tax of $800 will still be due in April (15th day of the fourth month of the corporation’s fiscal year). This provision is estimated to accelerate $610 million into the 2009-2010 fiscal year.

Payroll Withholding Schedules Increased. Beginning in 2010 payroll withholding schedules will be increased by 10%. This provision is estimated to accelerate $1.7 billion of revenue into 2009-2010.

Non-retailers with Receipts Over $100,000 (annually) Must Register with the Board of Equalization. This means that service businesses (i.e. accountants, attorneys, consultants, etc.) will be required to register. They will also be required to file use tax returns annually. This provision is estimated to cause a revenue gain of $26 million for 2009-2010.

Backup Withholding Requirements will Conform to Federal Rules. This provision would require California businesses to withhold 7% of payments of interest, dividends, compensation, etc. if the IRS determines that a condition for withholding exists (with this 7% being withheld for the Franchise Tax Board). This provision is estimated to bring in $26 million into the 2009-2010 fiscal year.

You may have noticed that the biggest gains are from accelerating payments. Those are one-time fixes. It’s very clear to me that either this Fall or next Spring the California Legislature will be facing the same issues…unless the plan is that next year (2010) will be paying our 2012 taxes….

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Federal Toilet Paper Tax?

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.

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It’s Official, But the Details Are Lacking

California has a budget deal. That said, the devils is always in the details and those are lacking this morning. What’s known is that local governments (counties and cities) will face a $5 billion cut, the plan includes borrowing and some “speeding up of tax collections” and other one-time fixes.

Needless to say, I’d like to know more about the changes in tax collections. Estimated payments went to a 30/30/20/20 scheme this year; are they thinking of a 45/45/5/5 scheme? Or some other foolish ideas that will make California’s excellent business climate even more palatable? Supposedly the details will be available late today or tomorrow. I’ll let you know when I see them.

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Budget Deal Done

The Flash Report said this evening that a budget deal is done. “Lots of cuts, lots of borrowing, lots of gimmicks. But from the briefings I have had so far, the cuts are substantial, with mega-billions that are permanent.” The vote will supposedly be on Thursday. The budget should be available for public consumption either late tomorrow or Wednesday.

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More on FBAR

The Foreign Bank and Financial Account Reporting (FBAR) has been making the news. Today’s Wall Street Journal has an article detailing some of the issues with the filing requirements.

Additionally, the New York State Bar Association isn’t happy with the lack of guidance by the IRS and Treasury on FBAR. In a 32-page letter they detail some of the guidance they’d like the IRS to provide. While the NYSBA focuses on hedge funds (somewhat naturally) they do cover some of the other problem areas with FBAR.

A reminder: The deadline for complying with the FBAR requirements remains September 23rd.

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I Hope He’s Not Your IRS Auditor

The headline says it all: “IRS agent arrested for threats: Treasury Department investigates Valencia man for filing false tax returns”. Yelling “I’m going to kill you” to Treasury Agents isn’t likely the best strategy in the world.

As the article notes, the capacity the IRS Agent, Albert Bront, works in wasn’t disclosed.

Hat Tip: TaxProf Blog

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Real Budget Cuts Needed

I read this story this morning and couldn’t believe it. Yet I’ve been assured it’s true. California’s DMV is returning a check because it was sent in too quickly from the time the notice was received!

There’s another few bucks down the drain for the Bronze Golden State

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