It’s Just Bad Political Theater

As expected, Assembly Democrats introduced AB9. It would add a 6% tax on oil drilling and a 2% tax on oil profits that exceed $10 million. Because it’s a tax the measure requires a 2/3 vote for approval—and it won’t get that.

Assemblyman Chuck DeVore (R-Irvine) told the San Jose Mercury, “It’s just bad political theater. If this bill ever made it into law, it would increase the cost of gas at the pump and . . . increase our reliance on foreign oil from places like Venezuela and Iran.”

Fortunately, Democrats don’t have the votes to pass this measure. You can follow the progress (or lack thereof) of this measure here. State Senator Tom Harman (R-Huntington Beach) has an excellent commentary on what truly ails California. I doubt the Democrats are listening.

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Aren’t Gasoline Price High Enough?

The joy of being a Californian. The gas stations at Culver and Walnut in Irvine are having a price war—they’re seeing which station can reach $3.60 for a gallon of regular first. And if the Democrats in California’s Assembly have their way we’ll be paying even more.

Assemblyman Anthony Adams (R-Claremont) reports on the Flash Blog that Assembly Speaker Fabian Nunez (D-Los Angeles) wants to add a 6% tax on all oil from California and a 2% surcharge on oil companies that earn more than $10 million.

I wonder if Speaker Nunez has interests in office building in Nevada, Arizona, and Oregon. Why am I asking this? Because if I were running an oil company and I was faced with a gross profits tax I’d relocate as much as my business as possible out of California and into neighboring states.

And does Mr. Nunez understand basic economics? What does a tax do? It increases the price of a good or service. When a business is taxed it always passes the cost of the tax onto its customers. If this tax increase passes Californians will see a 2% to 10% increase on the prices of products from oil companies. That’s economic reality.

While the goal of Mr. Nunez’s proposal is laudable (the money would be used for education), I agree with Assemblyman Adams. “I guess the $60 Billion plus a year we spend on education isn’t getting the job done. Here’s a thought: Give the school districts back the money we already take instead of tying it up in countless layers of State bureaucracy and ridiculous ‘one-size-fits-all’ testing standards that force every teacher to teach to the test.”

California needs fundamental reforms in the bureaucracy. It may be painful, but the time has come to seriously confront the bloated workforce of government workers in this state. It’s time for limited government, and it appears that at least some in California’s legislature understand that. Unfortunately, Assembly Speaker Nunez doesn’t.

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My Side Business

A good friend of mine called me late this afternoon and asked me for a referral. I asked him what he needed, and he told me, “Your side business.” I’m a writer (and I’m certain he knew that), so this made no sense. After I expressed my bewilderment he said, “Can’t you provide me with the same kind of service you did for Eliot Spitzer?”

Ah yes, the Governor of New York. Mr. Spitzer, a Democrat who decided to partake of the world’s oldest profession, chose a rather expensive prostitution ring. He apparently paid somewhere between $1000 to $4300 an hour, and may have spent $80,000 of his own money.

So why did my friend call me? He had heard that the ringleader of the prostitution ring (called the Emperors Club VIP) was an Enrolled Agent. Of course, ABC gets some details of what an Enrolled Agent is wrong:

“He is also a licensed “enrolled agent” of the IRS, spokesman Rob Marvin confirmed. That means Brener was allowed to prepare and submit other people’s taxes, represent others in tax court and in negotiations with the IRS, and receive information directly from the IRS on behalf of others.”

For the record, an Enrolled Agent represents taxpayers before the IRS; we are not employees of the IRS. We do prepare tax returns and represent individuals and businesses in negotiations with the IRS and other tax agencies.

I had to disappoint my friend; I didn’t have a Kristen to send his way. My side business doesn’t earn me $4000 an hour in illegal income. Unless your name is Tom Clancy or John Grisham writers just don’t make that kind of money.

On the positive side, at least Enrolled Agents are making the news….

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A Little Evasion

It wasn’t that big of a week on the tax fraud front, with the exception of the German-Liechtenstein scandal that’s still around. But there’s a smidgen here and there to report on.

In nearby Camarillo there’s a business owner who is finding out that concealing smidgens of revenues can be a big deal. Giancarlo Pertile was the owner of Art Marble Design until 2002 allegedly decided that if he didn’t tell his bookkeeper and accountant about some revenues he wouldn’t have to pay taxes on them. The government alleges that his corporate tax returns from 1998 through 2002 understated revenue, and his personal tax returns during the same period were also off. Mr. Pertile is looking at up to 25 years at ClubFed if found guilty on all charges.

Farmers have it tough. I worked in agriculture for many years and still have many friends who have to deal with freezes, water issues, and other thorny problems. But one way of helping your business is to undercount revenues. Of course, that’s illegal but they’ve got to catch you. That’s what a farmer in Austin, Minnesota did. Kevin J. Morse filed his taxes between 1996 and 2000 and showed that he owed less than $1,000 a year in taxes. That’s a neat trick when your gross income is about $1,000,000 and your net income is just under $700,000 each year. And when you’ve already been convicted once for tax evasion (for 1991-1994), it’s a safe bet that the IRS will be watching you carefully. And when an accountant tells you that you owe $100,000 in back taxes but you choose not to file the return (shades of Richard Hatch) you can bet that only bad things will happen. Mr. Morse is looking at some time at ClubFed and restitution.

It may just be a smidgen of stories but it does show that bad things happen if you choose to avoid taxes and get caught.

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California Should Reevaluate Government

That’s the opinion of the Reason Foundation, a nonprofit 501(c)(3) organization dedicated to “advanc[ing] a free society by developing, applying, and promoting libertarian principles, including individual liberty, free markets, and the rule of law.” In an article titled “California Won’t Fix Budget Until It Cuts Spending” Reason notes:

“Despite what some lawmakers would like us to believe, this is a budget crisis borne of an addiction to spending, not a revenue problem. In the past four years, the state’s general fund revenues have increased approximately 32 percent. In fact, total revenue has grown steadily since the early 1990s, shortly after major tax increases were imposed under Gov. Pete Wilson’s administration…

“It is time for Californians and their elected representatives to undertake a serious re-evaluation of the proper role of government. Government has simply gotten too big and too intrusive. The casualty is individual liberty. Only when we rediscover the truth of the maxim – ‘That government is best which governs least’ – will we be able to restore any fiscal sanity to our state government.”

Any bets on our legislators listening? I for one am not hopeful.

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California Won’t Tax the Rebates

The tax rebates (aka the stimulus payments) that will be issued beginning in May won’t be taxed by California. The Franchise Tax Board announced this last week. The FTB notes (as has the IRS) that in order to claim the rebate you must file a federal tax return. You do not have to file a California tax return in order to claim the rebate.

A few states will be taxing the federal tax rebate. Generally, those states give a deduction for federal tax paid. Alabama and Louisiana are two states that I believe will be taxing the federal tax rebates.

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Section 1031 Exchange Primer

Section 1031 exchanges are complex. The IRS has just released a fact sheet on these exchanges. These exchanges are used to defer gains on real estate.

Hat tip: Roth Tax Updates

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Are California Government Employees Overpaid?

An interesting question is whether California government employees are overpaid. We can now find out. Thanks to the Sacramento Bee we can now find out. The Bee has a searchable database of California government employees so we can now find out exactly what our government employees actually make.

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ePassporte Is a Foreign Bank Account

I’ve been asked by some of my gambling clients about ePassporte, an e-wallet that’s now in widespread use. The question that has arisen is whether ePassporte is a foreign bank account like Neteller was.

It’s hard to figure this out from ePassporte’s web site. Their official name is “ePassporte, N.V.” which certainly doesn’t sound like an American entity. The whois for their domain returns an address in Curacao. ePassporte offers banking services, so if they’re a foreign company they would meet the requirements of a foreign bank under Treasury Department regulations.

So where is ePassporte headquarted? They’re headquartered in St. Kitts, part of the Federation of Saint Kitts and Nevis, the smallest independent nation in the Caribbean. So if you have an account at ePassporte it is a foreign bank account. If you’re a US citizen and your high balances in any foreign bank accounts when added together add up to $10,000 or more, you must file Form TD F 90-22.1 and check the box on Schedule B. If you willfully don’t file Form TD F 90-22.1 the minimum fine is $100,000.

So if you have foreign bank accounts and meet the threshold of reporting make sure you comply. You have until June 30th for your report to make its way to the Department of the Treasury (this form is file with the Treasury, not the IRS).

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What Sacramento’s Democrats Want

If you’re a California resident (and taxpayer), you may want to buy a padlock. A big padlock. That’s because Democratic legislative leaders have resolved that the only solution to the budget crisis is to increase taxes.

Senate President Pro Tem, Don Perata (D-Oakland) told a news conference in Sacramento when asked how the budget deficit will be made up, “Raise taxes. That clear enough? Raise taxes.” I applaud his honesty though I disagree with the message.

Meanwhile, Jim Batten (R-Palm Desert) told the Flash Report, “If last year’s Democrat rage at the Senate Republicans refusing to vote for a budget until spending was reduced by just $750 million is any indicator of what we’re in store for this year, I’m going to start wearing body armor to work.”

We may need to start a pool on when the state budget will be finalized. I think the only certainty this year is that it won’t be done by July 1st (the constitutional deadline).

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