Replies

The 30% tax of transactions for "new" or "untaxed" items (however that is defined). That's a tremendous incentive to try to structure transactions so that they seem to be outside the tax or to just flat out buy and sell on the black market without any regard to the tax.

All that has to happen is everyone start a business and start to claim all their expenses as business related. In a free country where everyone is free to start any business they want, why wouldn't they. No one says a business has to be profitable. I could drive a Mack Truck through that loophole, or atleast an SUV for my wife.

All that has to happen is everyone start a business and start to claim all their expenses as business related.

Yeah! LOL - I'll send you cards in jail. THe law don't like defrauders - especially tax frauds.

No one says a business has to be profitable.

Your right they just need to be able to show they are doing business an not just a Hobby,

H.R.25

Fair Tax Act of 2005 (Introduced in House)
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.25:

`SEC. 701. HOBBY ACTIVITIES.

`(a) HOBBY ACTIVITIES- Neither the exemption afforded by section 102 for intermediate sales nor the credits available pursuant to section 202 or 203 shall be available for any taxable property or service purchased for use in an activity if that activity is not engaged in for-profit.
`(b) STATUS DEEMED- If the activity has received gross payments for the sale of taxable property or services that exceed the sum of--

`(1) taxable property and services purchased;
`(2) wages and salary paid; and
`(3) taxes (of any type) paid,

in 2 or more of the most recent 3 calendar years during which it operated when the business activity shall be conclusively deemed to be engaged in for profit.

state sales tax auditors like to check for little things like that. Seems auditors are expected to look for things like sales, wages, taxes paid, you know, all the little things a business does.

I could drive a Mack Truck through that loophole, or atleast an SUV for my wife.

Under an income tax that might work in declaring an exemption for awhile, 10 times as many filers to check on, but sales taxes have fewer filers, do not use expemption, and those state auditors look for sales, purchases and evidence of what are claimed to be "business" assets are actually used for.

So have at it, if you get away with it more power to yah:

Federalist #21:

"It is a signal advantage of taxes on articles of consumption that they contain in their own nature a security against excess.
They prescribe their own limit, which cannot be exceeded without defeating the end proposed - that is, an extension of the revenue."
When applied to this object, the saying is as just as it is witty that, "in political arithmetic, two and two do not always make four."
If duties are too high, they lessen the consumption; the collection is eluded; and the product to the treasury is not so great as when they are confined within proper and moderate bounds.
This forms a complete barrier against any material oppression of the citizens by taxes of this class, and is itself a natural limitation of the power of imposing them.