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Lawless Taxation: Heard the one about the five-year retroactive tax increase? [California]
Wall St. Journal ^ | August 30, 2013

Posted on 09/01/2013 8:19:17 PM PDT by grundle

California imposed a huge retroactive income tax increase last year, but some 2,500 small business owners are learning that once is never enough for Sacramento. The state now wants to hit them with a retroactive levy going back to 2008, to the tune of $120 million or more.

California has since 1993 let investors cut their capital-gains tax in half if they invest in qualified state businesses. But late last year the state Court of Appeal ruled that the tax break violates the U.S. Constitution's Commerce Clause by discriminating against out-of-state firms.

Instead of simply ending the tax incentive going forward, the state Franchise Tax Board has ordered investors who used the tax break to pay five years of back taxes. As a special insult, these taxpayers may have to pay interest and penalties on the "unpaid taxes" they were never required to pay in the first place. So the politicians promise tax favors for investment, but when the courts invalidate the favors the politicians punish the folks who did what the politicians asked them to do.

Normally in such cases, the taxing authority holds taxpayers harmless through what is called "transition relief." But Sacramento has an insatiable appetite for revenue, even after voters approved Governor Jerry Brown's income tax rate hike to 13.3%. That November initiative wasn't even placed on the ballot until July 2012, but it applied to income starting January 1, 2012. The Franchise Tax Board is merely doing what the politicians want.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Miscellaneous; US: California
KEYWORDS: california; demagogicparty; governormoonbeam; jerrybrown
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1 posted on 09/01/2013 8:19:17 PM PDT by grundle
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To: grundle
and i thought NY was bad...
2 posted on 09/01/2013 8:22:28 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY)
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To: grundle

That ought to attract all kinds of business.


3 posted on 09/01/2013 8:29:55 PM PDT by RC one
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To: grundle

anyone who stays in CA after all the stupid gun laws, etc, and the invasion from Mexico, is foolish in the Extreme. Vote with your feet and your wallet, get the hell out.


4 posted on 09/01/2013 8:30:11 PM PDT by pistolhunter
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To: Jim Robinson

WTH?????


5 posted on 09/01/2013 8:40:02 PM PDT by I got the rope
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To: pistolhunter

“Vote with your feet and your wallet, get the hell out.”

And just where would you suggest that all 16 million of us go!

Go back to your doublewide and fry something!


6 posted on 09/01/2013 8:42:27 PM PDT by vette6387
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To: grundle

Those tax increases solidified Dems hold on state, No more budget fiascoes. They simply raise taxes without worry of backlash when they need $$$.

Maryland did the same thing.,

Dems will say this is what its like to ‘make things work’


7 posted on 09/01/2013 8:47:51 PM PDT by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position.)
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To: grundle

Welcome to the Hotel California. I noticed something interesting about the high speed rail project in California. It never leaves the state. You can get to any station you like, but you can never leave.


8 posted on 09/01/2013 8:49:37 PM PDT by Vince Ferrer
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To: vette6387

The smart ones (like you) will likely end up in a Red State. The dumb ones (the ones that out number you) will likely stay where they are.


9 posted on 09/01/2013 8:52:00 PM PDT by cableguymn (The founding fathers would be shooting by now..)
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To: cableguymn

The smart ones (like you) will likely end up in a Red State. “

Sorry to disappoint you, but just like FR, I’m not planning to go to a “Red State,” because to do so, would negatively impact my lifestyle. I want to live to see CA once again be the state where Ronald Reagan was governor. Lots of decent places to live in the US, but California, even with it’s screwed up government is still a cut above all the rest. I will be thinking of you this weekend when I go down and stay at our place in Carmel and go out to Laguna Seca for the Grand Am races. It will be in the mid-70’s with no humidity!


10 posted on 09/01/2013 9:06:09 PM PDT by vette6387
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To: grundle

California: King George Has NOTHING on Us!


11 posted on 09/01/2013 9:07:52 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: vette6387

I fear you will not live to see CA red once again.

It’s not gonna happen in your life time.

Mid 70’s here to. Nice fishing weather. It’ll be a little to cool for skiing or tubing.

I like seasons even if it’s winter and road construction around here.


12 posted on 09/01/2013 9:07:53 PM PDT by cableguymn (The founding fathers would be shooting by now..)
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To: grundle

Kalipornia looks to Detroit as a model


13 posted on 09/01/2013 9:09:03 PM PDT by GeronL
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To: vette6387

To Kalipornians: Not Texas, its a terrible place, please do not come to Texas.


14 posted on 09/01/2013 9:10:14 PM PDT by GeronL
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To: pistolhunter
You might want to stop and consider that some of us have homes and land here that we have retired to, and simply can't afford to just drop every thing and start over(at least not at my age).
And some of us might just prefer to continue the fight against the tyranny that is currently swamping our state.
Remember; what the Lib/Prog/Communists have done to my state can be undone, and I might add that most of those pukes that have caused this are not native Californians.
15 posted on 09/01/2013 9:21:46 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: 5th MEB

Right about that! They are East Coast bedbug/fireant vermin.
I lived there when Ronnie was Gov. as well...was the best!.
Even my native pals have given up now.


16 posted on 09/01/2013 9:37:55 PM PDT by acapesket
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To: acapesket
One thing I learned as a very young Marine; never surrender.
They can beat me, they can starve me, they can imprison me, hell they can even kill me.
But they can can never make me surrender.
I will never surrender to the lieing communist/socialist/democrat/progressive/liberal bastards that are trying to take my GOD GIVEN RIGHTS for the so called good of the lazy, worthless, stupid parasites that are currently occupying my state.
Napolean fell, the Nazis fell, the British empire fell, the Soviet empire fell, and so will those communist bastards in Sacramento.
17 posted on 09/01/2013 10:16:31 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: GeronL

And to the Kalipornians: Do not come to Arizona. We’re sick of hearing you b*tching about how hot it is. It’s freaking hot here. Get over it or go back to LA.


18 posted on 09/01/2013 10:22:28 PM PDT by ponygirl (Be Breitbart.)
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To: grundle

Ex post facto laws violate the Constitution, too.


19 posted on 09/02/2013 12:26:29 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: GeronL

Yes and Arizona is a terrible place. You most certainly want to avoid Arizona


20 posted on 09/02/2013 1:07:24 AM PDT by clamper1797 (Evil WILL flourish when good men WILL not act)
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