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Presidential Panel Hears About Tax System
AP/Yahoo News ^ | May 11, 2005 | MARY DALRYMPLE

Posted on 05/12/2005 12:25:08 AM PDT by FairOpinion

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To: Clarion

The FairTax replaces the income tax and is not "on top" of it which you should have realized had you done even minimal reading on links provided many, many times on theese threads. I'd suggest you read the bill itself.

Frankly, I doubt that 80% endorse things as "totally fine" the way they are. I suspect it's more like that portion actually detests things the way they are but have a "deer-in-the=headlights" approach to accepting the status quo thinking they can do nothing about it. Certainly, the tax system CAN be changed to be far better from the standpoint of individual liberty.

To my way of thinking, a tax is "fair" when everyone pays the same rate with the pretax protecting the lower-income folks and each person can decide when and how much tax to pay by timing his purchases. Do you not agree???

The lottery suggested by you and Ben F. is regressive in the extreme if everyone to participate in it but at least it is up to the buyer to decide to participate or not. Perhaps you should get some Congressman to introduce such a bill. It would be interesting to see how it fares.

Yeah, the UK guy's complaints aboput their tax system were really funny, but well-founded. I'd like to see some of a taxpayers comments from, say, Zambia which boasts about the most wunnerful VAT system ever yet also has both a personal and corporate income tax. That's truly a nightmare (notice the small "n" so as not to confuse a real VAT/income tax system with the Nightmare Tax identified on these threads).

I certainly enjoyed your comments about the governed offering up a restricted set of rights to the governing. That has continued to be gradually usurped ever since it begaan with maybe the biggest kick in the pants to boost it along from a guy named Woodrow Wilson who I think must have been the hero role model for FDR etc. as well as the current crew of liberal crazies.

The 30% guy you mention seems to be one of the unalterably-opposed (i.e., status quo) guys as you'll probably come to see. It is up to us, the voters, to get on the backs of the Congressmen to support and pass the FairTax without making it any sort of hybrid (Zambian-like VAT and/or income) tax. If more of the status quo defenders would get on board to help it would get done that much quicker. THEN they could work to change it ... and even slow down their purchases if they don't like the level of government spending - few do, I think. And in any event they would be able to see what government actually is costing them which they can't now no matter how arcane their arguments in support of the status quo.


321 posted on 05/15/2005 7:55:04 AM PDT by pigdog
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To: Clarion

That is why I have trouble with some of your assertions on the powers of the government to lay and collect any manner of tax it sees fit and the idea that it also allows for liberal powers to us force against the people.

Unfortunately that has been the interpretation right from the very first day of its ratification by those we hold to be the founders themselves, not just some extension of a prenumbra in a modern day court.

As far as the use of force to collect a tax, seems the all time example of that lay with the ole General and first President himself George Washington collecting a still tax from the farmers in Pennsylvania. And that was right out of the gate after ratification of the Constitution.

George Washington's Proclamation Whiskey Rebellion August 7, 1794:
http://www.yale.edu/lawweb/avalon/presiden/proclamations/gwproc03.htm

George Washington's address on October 20 1794
to General Lee at Bedford, PA

As far as limits on powers to lay collect those taxes the first tax case before the USSC, comprised of several members of the Constitutional convention responsible for the provisions regarding taxation, made clear what little limts to tax there actually are.

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."
  •  

    If that does any damage to any preconceived notions on what national government can or can't do as regards taxes, not much I can do about that.

    322 posted on 05/15/2005 8:39:59 AM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: Clarion

    unfortunately, I think that is why it is still doomed

    It may be doomed, but not because of lack of any effort on the part of FairTax folks.

    or it will be hashed up with a hybrid income tax mess.

    The sponsors (Linder in the House, & Chamblis, Senate) of the AFT legislation, agree with us in any such attempts that might lead to substantive change in HR25. The bill will be withdraw from consideration, and none of us will support an effort pushing for a hybrid anything.

    The real danger coming at us in the way of hybrid taxes comes out of folks like NCPA & Bruce Bartlett pushing a EU style VAT ontop of the current tax system and totally against retail sales taxes as being too visible and hard to increase revenues to government with.

    323 posted on 05/15/2005 8:51:34 AM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: ancient_geezer; Clarion
    I don't know why we all can't agree on one thing: the power to tax may or may not include certain methods by which that tax is collected but we ARE going to be taxed over and above tarriffs etc.

    The Fair Tax is the closest we have come to ridding ourselves of the burden of opressive income taxes. It has legs, it has a bill in the house, it has co-sponsors and it has the ear of the tax panel. We may not get it in its proposed form but we sure do have a chance. If we don't grab it now we may not have another chance in our lifetimes.

    I have been a layman economist by necessity for 25 years. I'm not an expert but when I hear that international corporations will relocate jobs and headquarters here in the US because of the FT I believe them. It only makes sense to situate your company where corporate taxes, whether income VA or other are not burdensom.

    I can't imagine the explosive growth that will occur under a FT. Yes prices will rise, yes it will be a difficult transition. New home prices? Yeah that's a problem but escalations of 10-20% a year in the price of homes in my neighborhood has not stymied demand.

    We can argue details till the sun goes down but I'll tell you right now nothting one the table that I know of would be as good for the economy as the fair tax.

    324 posted on 05/15/2005 8:51:54 AM PDT by groanup (http://fairtax.org)
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    To: groanup

    Yes, and think of the incentive to corporate relocation to here that is offered by Sec. 905 of the FairTax bill!!


    325 posted on 05/15/2005 8:59:13 AM PDT by pigdog
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    To: pigdog; Clarion

    . I suspect it's more like that portion actually detests things the way they are but have a "deer-in-the=headlights" approach to accepting the status quo thinking they can do nothing about it.

    That, unfortunately, seems to be an all to prevalent attitude that has been with us from our very beginnings. The key is overcoming it with resolve. There is little doubt among historians that a poll taken in 1776 in regard to a revolution to cast of the chains of the English, would have shown less support than a national retail sales tax has today in casting off the chains of the federal income tax.

    "Deer-in-the-headlights" were around before we even had headlights ;O)

    "all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed."
    Declaration of Independance


    326 posted on 05/15/2005 9:17:02 AM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: Clarion

    Despite foolish court precedents, the constitution is just a fancy way of describing the overriding CONTRACT between the ‘governing’ and the ‘governed’.

    Simple test for you to distinguish the difference between law and mere contract. Exercise of a law can kill you inspite of your immediate objections to such violation, exercise of the provisions of a contract can't.

    Contrary to some notions offered in this and that quarter to the contrary, a constitution is not a contract. A constitution is however an imposed "Supreme Law of the Land" instituted for particular purpose, that of defining the powers and limits of a government. You and I are bound to a constitution's government by our mere presence under the jurisdiction(read guns) of the govenment it defines and by no other factor, inspite of all rhetorical or philosophical conjectures of social contracts and such to make reality more palatable to those that don't exactly like their exposure to reality in raw terms.

    327 posted on 05/15/2005 10:44:09 AM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: pigdog
    Yes, and think of the incentive to corporate relocation to here that is offered by Sec. 905 of the FairTax bill!!
    You mean the one that says the FairTax is an income tax for foreign entities? That's a lot of incentive to relocate.

    Fool.
    328 posted on 05/15/2005 10:59:41 AM PDT by Your Nightmare
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    To: Your Nightmare; pigdog
    You mean the one that says the FairTax is an income tax for foreign entities? That's a lot of incentive to relocate.

    I take it he's saying that the incentive would be to become a domestic corporation.

    329 posted on 05/15/2005 11:18:30 AM PDT by groanup (http://fairtax.org)
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    To: Your Nightmare; pigdog; Conservative Goddess

    You mean the one that says the FairTax is an income tax for foreign entities? That's a lot of incentive to relocate.

    Seems to me I remember that Conservative Goddess has weight in on this providing some insights on this provision in past threads. Perhaps she can weigh in here on those issues.

    Facing a 23% tax on income earned in the United States by foreign Corporations would appear to be an excellent incentive for said corporations to relocate headquarters and manufacturing to the U.S. where they are not subject to such a tax.

    I note it also provides an out in paragraph(c) providing a strong invitation for foreign governments to enter bilateral tax treaties with the U.S. that can provide protection of our corporations and business interests operating under the jurisdictions of their countries in return for lower tax rates and protections extended to their businesses operating here.

     

    H.R.25

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


     

    `SEC. 905. WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS.

    • `(a) In General- All persons, in whatever capacity acting (including lessees or mortgagors or real or personal property, fiduciaries, employers, and all officers and employees of the United States) having control, receipt, custody, disposal, or payment of any income to the extent such income constitutes gross income from sources within the United States of any nonresident alien individual, foreign partnership, or foreign corporation shall deduct and withhold from that income a tax equal to 23 percent thereof.
    • `(b) Exception- No tax shall be required to be deducted from interest on portfolio debt investments.
    • `(c) Treaty Countries- In the case of payments to nonresident alien individuals, foreign partnerships, or foreign corporations that have a residence in (or the nationality of a country) that has entered into a tax treaty with the United States, then the rate of withholding tax prescribed by the treaty shall govern.'.

    330 posted on 05/15/2005 11:29:37 AM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: Your Nightmare

    Once again, you miss the point ... certainly the descriptuion you use applies to one of us.

    I'll leave it to the readers of the post to decide which is which ...


    331 posted on 05/15/2005 11:45:10 AM PDT by pigdog
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    To: groanup

    BINGO!!!


    332 posted on 05/15/2005 11:45:49 AM PDT by pigdog
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    To: ancient_geezer

    On the money, too, old fellow!!

    The WTO Lovers will hate it along those countries trying to punish us tax wise (more than we already do ourselves, that is).


    333 posted on 05/15/2005 11:48:35 AM PDT by pigdog
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    To: pigdog

    The WTO Lovers will hate it along those countries trying to punish us tax wise (more than we already do ourselves, that is).

    HR25 generally and Sec 905 specifically goes a long ways in providing options to address issues raised by CATO concerning international tax competition, in their Handbook for Congress:

    http://www.cato.org/pubs/handbook/hb108/hb108-62.pdf


    334 posted on 05/15/2005 12:23:14 PM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: ancient_geezer
    I note it also provides an out in paragraph(c) providing a strong invitation for foreign governments to enter bilateral tax treaties with the U.S. that can provide protection of our corporations and business interests operating under the jurisdictions of their countries in return for lower tax rates and protections extended to their businesses operating here.
    Why couldn't they do that now? Oh, right. Everything is possible with the FairTax and only with the FairTax.

    mmmmm...KoolAid!


    335 posted on 05/15/2005 3:16:56 PM PDT by Your Nightmare
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    To: Your Nightmare

    Why couldn't they do that now?

    The US does withold US taxes on income paid to foreign corporations and makes bi-lateral tax treaties providing for reciprical treatment of in collecting income taxes in regard our corporations and businesses receiving income from other nations. Net gain in tax treatement to a foreign firm considering relocating manufacturing in the U.S. none. Net gain to our industries from the action, the income payroll taxes system in the U.S. acts as an disincentive to firms located here.

    Looks like that KoolAid you are swallowing in abit hard on the gut. I'd suggest you change brands.

     

    For, not only does the FairTax NRST do both as well to provide the club, it has the incentive of not taxing income or business purchases of foreign manufacturers that do relocate to the U.S. to become domestic firms which makes the significant difference.

    It is clear foreign manufactures can recognise the significance of the difference in treatment afforded under an NRST as opposed to the current/income payroll tax system.

     

    Chairman of the House Ways and Means Committee,
    Rep. Bill Archer (R-TX)
    August 12, 1996

     

    Even though you seem to not be able to do so, and prefer to continue to swallow that income/payroll tax swill you are drinking today.

    336 posted on 05/15/2005 3:53:51 PM PDT by ancient_geezer (Don't reform it, Replace it!!)
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    To: Your Nightmare
    mmmmm...KoolAid!

    Weren't you just recently whining about cut and paste artists? LOL.

    337 posted on 05/15/2005 4:49:16 PM PDT by groanup (http://fairtax.org)
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    To: ancient_geezer
    A recent survey was done
    Of course you've never been able to produce the actual survey, just some secondhand account of a politician on the campaign trail.
    338 posted on 05/15/2005 4:49:16 PM PDT by Your Nightmare
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    To: Your Nightmare
    Of course you've never been able to produce the actual survey, just some secondhand account of a politician on the campaign trail.

    Think about it. Even with the oppressive tax regime we have in the US there are internationals that locate plants here. If they didn't have to contend with corp. taxes, payroll withholding and mounds of tax compliance why wouldn't a majority of them relocate plants and headquarters here. It's just common sense. Believe what you want to about the FT but one thing is certain. It will create a tax haven for international corporations.

    339 posted on 05/15/2005 4:54:52 PM PDT by groanup (http://fairtax.org)
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    To: ancient_geezer; Your Nightmare; pigdog

    Gentlemen,

    I can offer two possible explanations for Section 905...

    First, It may be necessary to withhold from foreign corporations and remit under an existing tax treaty or treaties. The OECD is pushing harmonization and information exchange and I believe GWB put an end to most of it, but there may be lingering obligations of which I'm not aware.

    Second, is the incentive to reincorporate in the U.S. I would like to believe we learned a lesson from the 90's...vis a vis corporate inversions. Our current international tax laws are out of sync with much of the rest of the world. We insist on taxing global income and then allowing offsetting Foreign Tax Credits for taxes paid to other jurisdictions. That means that for the most successful multinationals, they are paying a 35% rate on world wide income. Our corporate tax rate is one of the highest of all OECD countries. Moreover, we have no integration between the individual and corporate tax systems....meaning distributed dividends/capital gains suffer an effective rate of 50%. Because of our self-imposed stupidity, the hurdle rate of return necessary on any project contemplated needs to be significantly higher than in other OECD countries. This drives investment offshore.

    To add insult to injury, the WTO insists on maintaining an arcane distinction between direct and indirect taxes. Indirect taxes are those like the VAT, direct taxes are those like the Corporate Net Income Tax. For purposes of International trade, the VAT is border adjustable without penalty, the CNI is NOT. The argument goes like this: CNI is incident on potentially three groups, in an indeterminate and shifting manner. Border adjustment may result in subsidy, so no can do.

    The VAT suffers from the same defect, however. To the extent that consumers reduce their consumption in response to the VAT, a portion of the incidence is shifted back onto the shareholders and employees. Blanket border adjustment of the full amount of the VAT, to the extent incident on the shareholders and employees, really is a subsidy to EU based business. This is what we call in the law, a distinction without a difference. Economically, the distinction is meaningless but it gives the bearueacrats a reason to disadvantage our goods under color of right. Nuts to that.

    The FairTax will defang the WTO by removing their weapon, the CNI. To the extent that capital flows to where it is treated best, there is no doubt, that over time, capital will flow into the US. For businesses that are already here, reincorporation should occur rather rapidly. Over the course of years, capital stocks should grow as we draw new business. Here's a link to comments by Kenneth Dam, former assistant treasury secretary: http://www.useu.be/Categories/FSC/Nov1402DamFSCInternationalTaxation.html


    340 posted on 05/15/2005 5:05:07 PM PDT by Conservative Goddess (Politiae legibus, non leges politiis, adaptandae)
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