All Talk and No Actions

The California budget fiasco continues. In theory, the state must have a new budget in place by June 15th—tomorrow—in order for short-term loans to be taken out in July.

There’s no chance of that.

It’s not that Democrats and Republicans disagree on there being a major problem. There’s no doubt that California faces a $24 billion budget deficit (and growing). Unfortunately, that’s about all they agree on.

Democrats still hope to be able to pass legislation that increases revenues, probably through “user fees.” There’s a danger here, though; courts have struck down “user fees” that were disguised taxes.

Republicans vow to block all new taxes. It does appear that California voters don’t want any more taxes. The last time that California faced a budget fiasco (February) new taxes were passed. Californians were told that the budget that passed resolved everything through the end of the 2009-2010 fiscal year (June 2010). That wasn’t true.

Amazingly, only Governor Schwarzenegger has proposed a budget. His budget has cuts everywhere. That’s what needs to happen. The bureaucracy needs to be cut. Regulations need to be rolled back. The state needs to open negotiations with unions and force changes in pension plans to defined contribution from defined benefit. The pain must be shared.

Taxpayers are sharing in it. We’ve seen sales taxes increased by 1%, and state income taxes increased by 0.25%. Will our legislature actually take action by June 15th? No. Can it at least take action by June 30th?

We’ll see, but I wouldn’t bet on it.

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Aloha Gamblers!

Hawaii is a beautiful place. It’s hard for me to think of a more beautiful or relaxing place for a vacation.

Residents of the Aloha State aren’t likely to be gamblers. Hawaii prohibits all forms of gambling. Of course, if a Hawaiian makes a trip to Las Vegas and has some winnings, those are still taxable on their Hawaiian income tax return.

Hawaii’s state legislature is among the most liberal in the country. Today’s liberalism means high taxes and nannyism. Earlier this year Hawaii’s legislature passed an increase in the marginal income tax rate to 11% on individuals earning more than $200,000. That legislation was promptly vetoed by Republican Governor Linda Lingle and just as promptly the veto was overridden by the Hawaiian legislature.

What I hadn’t heard about until today was House Bill 1495. This bill would make gambling losses ineligible for tax deductions. This bill easily passed the state legislature; Governor Lingle has until July 15th to either sign the bill or veto it.

If you’re a Hawaiian resident I urge you to contact the governor’s office and let them know your feelings about this measure. If you’re an amateur gambler and this legislation becomes law, you will face a very taxing situation.

Posted in Gambling, Hawaii | Comments Off on Aloha Gamblers!

California’s Other $17.8 Billion Deficit

California currently has a $24 billion budget deficit. Would you be surprised to learn that there’s another $17.8 billion budget deficit on top of the current budget fiasco?

It’s true.

California has had a major problem with the funding of unemployment insurance for years. Unemployment benefits are paid for through taxes on employers: the FUTA, SUI, and ETT taxes. FUTA is the Federal Unemployment Tax; SUI is the State Unemployment Insurance Tax; and ETT is the California Employment and Training Tax. FUTA is generally $56 a year per employee while SUI and ETT totals $160 to $350 a year per employee. At the end of 2008 the fund had a slight surplus, but had been in deficit funding in prior years.

It was in poor shape because Democrats in California’s legislature increased benefits (which they could do with a majority vote) but didn’t increase taxes (which takes a 2/3 vote). Increased spending led to the usual result: an increase in the deficit of the unemployment insurance fund.

The problem has ballooned in 2009 with the increase in unemployment. The San Francisco Chronicle is reporting that the fund is solvent only because of borrowing $17.8 billion from the federal government. Unfortunately, the federal government wants to be repaid and if the fund doesn’t become solvent that’s impossible. Governor Schwarzenegger proposed an increase in the SUI tax along with a decrease in benefits. The measure has not been heard; frankly, there’s no chance of any tax increase passing in the legislature this year.

So California continues to drift towards fiscal Armageddon. Given the likelihood of even more unemployment in coming months this is a problem that will have to be resolved sooner than later. If California does nothing, the federal government can impose higher FUTA taxes on California employers. If that happens employers will certainly choose to increase employment in other states if they have that option.

Posted in California, Payroll Taxes | Comments Off on California’s Other $17.8 Billion Deficit

Ballmer: Obama Plan Would Lead to Jobs Moving Overseas

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.

Posted in Legislation | Comments Off on Ballmer: Obama Plan Would Lead to Jobs Moving Overseas

Big Tax Increases Coming?

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….

Posted in Legislation | Comments Off on Big Tax Increases Coming?

For Those Who Subscribe Via an RSS Feed

Taxable Talk will be moving to a new host in the next couple of weeks. I plan on doing the move over this weekend but it could be pushed back to June 16th. In either case, when the move does occur you will need to resubscribe.

It’s also likely that for up to three days that Taxable Talk will be “lost” on the Internet until the various databases that point url’s update.

Posted in Taxable Talk | Comments Off on For Those Who Subscribe Via an RSS Feed

June 15th Deadlines

As a tax accountant I know of several deadlines that fall on June 15th. If you were out of the country on April 15th, June 15th is the deadline to file your tax return (or file an extension). June 15th is also the date of the second quarter estimated tax payments for individuals and corporations. This year, though, June 15th is yet another deadline.

That’s the day that California needs to have a balanced budget or the state will be unable to borrow funds according to Governor Schwarzenegger. California faces a $24 billion deficit for the 2009-2010 fiscal year that begins on July 1st.

I doubt we’ll see a budget deal done by the deadline. Democrats are continuing in their normal ways of pandering to their constituents (unions). Senator George Runner’s commentary on AB656 shows that at least one Democrat has no comprehension that higher taxes lead to lower sales.

Unfortunately, until the elected officials feel pain I don’t think we’ll see a resolution to the crisis. Democrats are floating the idea of getting bailed out by Washington. As long as they think that’s a possibility meaningful cuts in California’s budget won’t occur. I hope I’m wrong about this but I doubt it. I expect this budget mess to drag on into the fall.

Posted in California | Comments Off on June 15th Deadlines

I Need Your Advice (PowerBlogs Shutting Down)

This blog has been hosted by PowerBlogs since its inception. I’ve enjoyed their service, but I discovered today that I’ll need to find a new home for Taxable Talk. PowerBlogs is shutting down.

Please email me directly at rcfox [at] claytontax [dot] com if you have suggestions of blog software, hosting, etc. I do have a local company (to me) that I use to host my other websites. One individual has recommended to me WordPress. If someone has direct knowledge of WordPress let me know.

I also need recommendations on how to (if possible) move the old posts to the new site.

As I am traveling this week (beginning tomorrow) so there is a chance that this blog will go dark for a short period. Do not fear, we’ll be up somewhere in the near future.

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ClubFed Is In Their Future

Two corporate tax fraud stories crossed the wires today. In one case the participant will spend over 20 years at ClubFed; the other will almost certainly spend significant time there too.

Frank Amadeo bragged that one day he’ll rule the world. Well, he didn’t send $181 million to the IRS, so perhaps he could have afforded a small country. That’s after he spends the next 22 1/2 years at ClubFed. He was sentenced yesterday and must also make $181 million in restitution. If there’s a certainty in tax prosecutions, it’s that if you don’t remit trust fund taxes you will be prosecuted. Peter Pappas has more on this story.

Meanwhile, two orders of magnitude less still is a large amount of fraud. Fisher Sand & Gravel operates twelve plants and is a big player in the aggregate industry. The IRS began an audit and discovered that one executive, Michael Fisher, had used company funds for an African safari and to renovate a truck stop he owned. Since those were personal expenses (and not “necessary and ordinary” business expenses) that’s a problem. Mr. Fisher will be pleading guilty to tax fraud later this week. Two other executives, Amiel Schaff (the former CFO) and Clyde Frank (the former comptroller) previously pleaded guilty. The company itself is under a deferred prosecution agreement and will be making restitution of $1.17 million relating to 2001-2004 corporate taxes. Additionally, the company is cooperating in a probe of 2005-2009 corporate taxes.

Posted in Tax Fraud | Comments Off on ClubFed Is In Their Future

Proposition 8 Upheld

Back in November California voters passed Proposition 8. This constitutional amendment to California’s constitution declared that the only legal marriage is between a man and a woman. The California Supreme Court upheld Proposition 8 today.

The impact of this is minimal. For federal tax purposes a same sex couple cannot file as married; for California tax purposes a registered domestic partnership or a same sex couple married during the five months when such marriages did occur will file a married return.

Posted in California | Comments Off on Proposition 8 Upheld