California Democrats to Voters: We Don’t Care What You Think

The headline says it all. Democrats in the state legislature are telling California voters that it doesn’t matter that you turned down the budget initiatives last May, we know better and the solution must include tax increases. That’s the only possible meaning of the Democrats’ proposal for eliminating the $24 billion deficit.

While the full Democratic proposal hasn’t been released, key elements have been. Here are some of the features:

– A 9.9% oil extraction tax;
– An increase in tobacco taxes. Cigarette taxes would increase from $0.87 to $2.37 a pack;
– Reversal of two corporate tax relief measures passed last September to allow passage of the 2008-09 budget; and
– A new $15 additional vehicle license fee tax to fund state parks.

Additionally, Democrats rejected Governor Schwarzenegger’s proposed 5% cut in the pay of state workers.

Two quotes from the story in the San Francisco Chronicle tell the full picture. First, Republican Assemblyman Jim Nielsen noted that the proposal was “…the most massive and quickest tax increase ever imposed in the history of California.” Given that tax increases require a 2/3 vote for approval, this measure may be d.o.a. However, I suspect Democrats will call the tax increases “user fees” in order to sidestep the measure. No matter, Governor Schwarzenegger has said that he will veto any measure with tax increases.

Meanwhile, Democratic State Senator Alan Lowenthal noted, “I’m really concerned when we put up any taxes as Californians are struggling to pay their mortgage, their rent and to put food on the table. The perception of the Legislature is we can’t live within our means. We have to realize we will pay a price for doing this.”

Apparently, Democrats believe that the price they’ll pay from the voters is less than the price they’ll pay from the unions if they pass pay cuts.


Here’s the reality: This proposal will not become law. Sooner or later California will have to learn to live within its means. I suspect we will see yet another budget stalemate, with California running out of money in July. Democrats in the legislature believe that they can print money. Only the federal government can do that. The day of reckoning for California has been postponed many, many times. It’s here.

The only solution is massive budget cuts. Governor Schwarzenegger’s budget (in general) spends what California will bring in. I suspect it might be late August or September before we see a budget where spending matches revenues.

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Same Old Song and Dance

Today is June 16th. The California budget still hasn’t passed.

Of course, this isn’t a surprise. Democrats in the Legislature are looking at tax increases. Specifically, an oil extraction tax and an increase in the tobacco tax.

Wait, Russ, wasn’t there a measure on an oil extraction tax just a couple of years ago? And didn’t it fail?

Sure, but that hasn’t stopped Democrats from proposing the same tax increases over and over.

But Russ, hasn’t Governor Schwarzenegger vowed to veto any new tax increases? And aren’t Republicans united in vowing to not pass any new taxes?

Well, yes. But Democrats figure that Republicans that have been united in the past have seen that united stand falter. Furthermore, the Democrats largest sponsor—organizer labor (unions)—adamantly oppose the current spending cuts.

Given all of this there’s no chance of a budget deal in the next few days. My expectation is that California government will screech to a halt sometime in July.

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2nd Quarter Estimated Taxes / Out of Country Deadline

Today (Monday) marks two deadlines. Second quarter estimated payments must be made by today in order to be considered timely. Additionally, taxpayers who were out of the country on April 15th have until today, June 15th, to either file their returns or go on extension without penalty.

The estimated payment deadline is a postmark deadline. As usual, we strongly recommend that you mail your payments using certified mail, return receipt requested. This gives you proof of mailing. Those two extra services will cost you $5.10. If your payment gets lost it will usually cost you far more in interest and/or penalties.

Alternatively, you can pay electronically. You can enroll in EFTPS, the federal government’s online system. Unfortunately, it takes two to four weeks to enroll in EFTPS as the passwords are mailed to you. California also offers an online payment system; no enrollment is necessary. Many other states offer such systems; you can check with their websites to see if your state offers such a system.

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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.

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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….

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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.

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