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.

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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.

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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.

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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.

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Koosman Pleads Guilty

Jerry Koosman pleaded guilty last week to failing to file a federal tax return. It wasn’t a surprise that the former pitcher for the New York Mets and several other major league teams pleaded guilty; I reported on this earlier this month.

As Joe Kristan noted
it appears that Mr. Koosman fell victim to a tax protester scheme. Mr. Koosman replied to a question from Judge Barbara Crabb that he had been suckered into not paying his taxes. Additionally, federal investigators found “IRS Codebusters” disks in a search of a home where Mr. Koosman resided.

Mr. Koosman has made good in filing his overdue tax returns and paying his taxes. Because of this I expect he’ll receive a light sentence when he’s sentenced in July.

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Back to the Drawing Board

After attending continuing education last week at the CSEA SuperSeminar in Las Vegas I expected a boring week to follow. After all, it’s a short week (Memorial Day was yesterday). Instead comes news that the IRS has scrapped its computer modernization program. This program would have allowed taxpayers (and preparers) to see their accounts, including how much they made in estimated payments.

Unfortunately, it’s back to the drawing board with $19 million down the drain. Your tax dollars at work, I suppose.

Hat Tips: TaxProf Blog, Roth Tax Updates

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