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Tax bill: States look for ways around the new SALT deduction cap
Curbed ^ | Jan 2, 2018 | Jeff Andrews

Posted on 01/03/2018 7:57:03 AM PST by 11th_VA

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Another more radical idea circulating among lawmakers is to change income taxes to a “charitable donation to the state.” These “donations” would result in a state tax credit of equal value, limiting the amount of income subject to federal taxation by the same amount.

In a perfect world, Blue State Rats would try this, and it would go to the SCOTUS for a ruling. And SCOTUS would say, based on the Obamacare Ruling, it's still a TAX - LOL !!!

1 posted on 01/03/2018 7:57:03 AM PST by 11th_VA
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To: 11th_VA
Murphy even suggested challenging the law in court on constitutional grounds because of the SALT deduction cap.

Here is the text of the Sixteenth Amendment to the U.S. Constitution:

Amendment 16 - (Passed by Congress July 2, 1909. Ratified February 3, 1913) - The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

It should not take a "constitutional scholar" to see that the new federal tax law is NOT unconstitutional.

And to think, it was "progressives" who pushed for that stupid amendment in the first place...

2 posted on 01/03/2018 8:02:52 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: 11th_VA
"..lawmakers from states that have yet to legalize marijuana, like New York, have floated the idea of legalizing and taxing marijuana, then lowering state and local taxes to help offset the change."

This would be a gift for those who don't smoke pot. They would see their state taxes go down without having to pay any type of offset.

3 posted on 01/03/2018 8:03:31 AM PST by circlecity
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To: 11th_VA

A charitable donation to the state is voluntary. This proposal is nothing more than a legal fiction.
When bammy raised taxes, the left did nothing! they loved the idea! May they all go to hell.


4 posted on 01/03/2018 8:04:28 AM PST by I want the USA back (Lying Media: willing and eager allies of hate-America savages.)
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To: 11th_VA

Why don’t they just repeal their state income tax? Easy solution. But then of course, the takers would have to be responsible and get jobs....


5 posted on 01/03/2018 8:04:50 AM PST by TallahasseeConservative
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To: 11th_VA

——”New Jersey Governor-elect Phil Murphy, a Democrat, says his state will explore any and all options to make sure residents of New Jersey aren’t heavily impacted by the new legislation, ———”

Ummm, maybe NOT having the highest property taxes and most corruption in the country is where you should start? Morons...this lunacy is reaching new levels by the hour!


6 posted on 01/03/2018 8:05:36 AM PST by mikelets456
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To: 11th_VA
change income taxes to a “charitable donation to the state.”

"I like it!"


7 posted on 01/03/2018 8:05:38 AM PST by Jeff Chandler (Headline: Muslims Fear Backlash from Tomorrow's Terror Attack - Mark Steyn)
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To: 11th_VA

Last line of post has YUGE #RustyIrony! LOL!

“But lawmakers are clearly motivated to mitigate the damage to their constituents.”

Translation: Lawmakers are clearly motivated to mitigate the damage to their own sorry political arses!

If they really “cared for their constituents” they would have never raised taxes to such high levels!

Liberalism = theft!


8 posted on 01/03/2018 8:08:10 AM PST by FiddlePig (Who needs Truth & facts when you have narrative?)
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To: 11th_VA

I’d absolutely LOVE watching blue states change their income taxes to “charitable” donations.

If these donations are MANDATORY, the IRS (and Supreme Court - thank you John Roberts) would consider them a tax and, thus, limited by the $10,000 SALT ceiling.

If they are NOT MANDATORY (and thus possibly deductible as charity donations), we’ll be laughing our asses off watching how few deep state tax payers contribute as much as a penny.


9 posted on 01/03/2018 8:08:59 AM PST by House Atreides (BOYCOTT the NFL, its products and players 100% - PERMANENTLY)
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To: 11th_VA
SCOTUS would say, based on the Obamacare Ruling, it's still a TAX - LOL !!!

Even better, and entirely possible, is that SCOTUS could rule that a "Charitable Contribution" is VOLUNTARY and the deep blue slime states have kissed their income and property taxes goodbye.

10 posted on 01/03/2018 8:09:15 AM PST by Navy Patriot (America returns to the Rule of Law)
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To: 11th_VA

If the “charitable contribution” is in any way mandatory, the SCOTUS will have no problem calling it a tax. If it is voluntary, the states will see very little revenue from it. If any.

The better option appears to be the employer contribution of the payroll tax. It still has drawbacks; the employer contribution is a cost-shifting measure that increases the cost of employment and still reduces the income to the employee. It will exert a downward pressure on incomes in states that already have very high costs of living.


11 posted on 01/03/2018 8:09:20 AM PST by henkster
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To: 11th_VA

From the article:

“...This idea would hinge on companies not responding by slashing wages to offset their tax hike, ...”

Also hinges on companies not moving out of state.


12 posted on 01/03/2018 8:12:12 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: 11th_VA
This idea would hinge on companies not responding by slashing wages to offset their tax hike, but given the tax bill as a whole is a gigantic windfall for corporations, employers might overlook a small setback. Companies also rarely slash nominal wages; instead they may just let inflation erode the value of employee salaries. ?

Yeah, businesses would docilely go along with tax hikes that would offset the gains of tax reform. Sure fire way to drive more businesses out of the high tax blue states.

13 posted on 01/03/2018 8:12:40 AM PST by kabar
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To: henkster

And what about the self-employed who would have to pick up both?


14 posted on 01/03/2018 8:14:24 AM PST by kabar
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To: 11th_VA

President Trump is slowly taking apart the left and they are not even aware of it.

California pretends state law over rules Federal Law when it comes to border control. The day is coming that will show just how powerless the state is when it goes head to head with the Federal Government.


15 posted on 01/03/2018 8:16:55 AM PST by CIB-173RDABN (US out of the UN, UN out of the US)
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To: kabar
I think if you're an LLC, you get the 20% 'pass-thru' benefit ...
16 posted on 01/03/2018 8:17:07 AM PST by 11th_VA
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To: 11th_VA

“without taxpayers having parts of their income taxed twice”
Now that’s a blatant lie!
Here’s how income IS taxed twice: the federal tax is a percentage of your gross. the state tax is a percentage of that SAME F*CKING GROSS! You don’t get that gross! It was reduced by taxes. The state tells you that it’s taking, for example, 7% of your gross. But you didn’t see that gross. The f*cking federal government took its cut! The “7%” is more than 7%! Your gross is being taxed twice.

F*CK the left.

The other idea, pioneered by a$$hole Dean Baker is even worse! The fool proposes to tax the employer on wages paid to employees. 1. That would be a deduction for the employer. 2. the employer would be paying the tax and would just reduce wages by an equivalent amount, or not, and go out of business. If the employee gets a lower wage, he is STILL paying the f*cking money!. I swear, the biggest idots are economists!


17 posted on 01/03/2018 8:18:08 AM PST by I want the USA back (Lying Media: willing and eager allies of hate-America savages.)
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To: 11th_VA

So the solution is to help the taxpayers buy burdening the businesses in their states more. This makes the products produced in those states more expensive and less competitive internationally and nationally. If history is reliable, this should motivate more businesses to relocate to be more competitive. This in turn will shrink the tax base and reduce jobs in the state. This should require the blue states to raise taxes again....

And the cycle repeats itself as the tyrannical blue governments simply cannot control their own spending and/or relenquish authority over its subjects.


18 posted on 01/03/2018 8:19:28 AM PST by Tenacious 1 (You couldn't pay me enough to be famous for being rich or stupid!)
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And all this time I thought dems were on a never ending quest to tax the rich


19 posted on 01/03/2018 8:20:05 AM PST by dsrtsage (For Leftists, World History starts every day at breakfast)
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To: kabar

Very good point which I should have realized, being self-employed. It depends on what the tax code says about payroll taxes and whether they are a deductible business expense. I’m not a tax lawyer, but my guess is that if you are a sole proprietor, you get screwed with no deduction. But if you incorporate, the “corporation” (which is you) gets to take the corporate payroll deduction.

But it would appear to have the potential of penalizing the self-employed. Right now the Federal government gives the self-employed a number of benefits. For example, I get to deduct the employer’s contribution to social security off my personal income. I also take can take a business deduction for my health insurance premiums (which are staggeringly high to begin with).

States, not so friendly.


20 posted on 01/03/2018 8:24:49 AM PST by henkster
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