Taxing of Income
Wednesday, May 24, 2006
- The number one rule is that all taxation is theft--pure and simple. Anytime someone is deprived of their property, whether by crook or the state, it's theft.
- The second rule is that taxes will always be one tick below what will start a popular revolution. So, if you're one of the "poor" looking to get out from under oppressive excise taxes (sales taxes) by subjecting another class of citizens to a graduated tax system (income tax), you're sorely mistaken. In the end, both classes will end up taxed to the fullest extent palatable by the State. Not only will the "poor" lose this battle, but they'll find themselves under new and improved shackles of taxation.
- The third rule is that a sales tax is blind to income. In Washington State, sales tax is levied on "non-essential" commodities that you can live without. That's why there is no tax on food stuffs, but there is on pop. You can--and probably should--live without pop. Income tax, on the other hand, is taken before you ever have a chance to spend your money. Even before the check lands in your hands, it's been levied with a tax on every dollar earned. You get no choice on how to spend all your money, you only get what's left after the State gets its share.
- The fourth rule states that, while trying to make a "more equal" tax system when applied to the poor and the rich, in the end both will be worse off. Think of it this way: If you go to an amusement park, does the ticket office determine how much to charge you for admittance based on your income? Absolutely not. All parties who wish to utilize their facilities have to pay the same amount. Does the rich get greater use or enjoyment from the rides once inside? No they don't. All visitors are treated equally. So, why should the rich have to pay more for admittance? Why would the poor pay less. They both derive the same amount of pleasure from the rides. Likewise, why should the rich pay more for government services? Does the fire department work less hard to put out a poor man's house fire than a rich man's?
To illustrate, a Washington family in the lowest 20% income bracket pays 17% of their income towards state and local taxes while Washington families in the top 1% income bracket pay only 3.6% of their incomes towards state and local taxes. A state income tax can help to alleviate this bias, particularly if implemented with a graduated rate structure.
In 1932, following passage of the only income tax initiative to be approved by state voters, the Washington Supreme Court declared that for purposes of taxation, income is defined as a class of property. Article IV of the Washington Constitution states that all taxes shall be uniform upon the same class of property. Therefore, any income tax proposal either would have to be consistent with the Constitutions uniformity restrictions, or would likely require a constitutional amendment in order to be implemented.
The characterization of income as property might not hold up in court today. Several other state Supreme Courts have ruled since 1932 that income is not property until it is converted into an asset. If Washingtons Supreme Court accepted this position, the legislature or a citizens initiative could implement a graduated income tax or an income tax with a high exemption without a constitutional amendment. However, any legislation not consistent with the 1932 ruling would face a near certain legal challenge and the risk of being overturned by the court.
Assuming the Washington courts continue to characterize income as a class of property, a flat income tax levied on gross income would meet the Constitutions strict uniformity requirements, but a graduated tax would not. The Constitution also limits taxes on personal and real property to 1% of market value, and allows no more than a $3,000 exemption on personal property.
Isn't it funny how the Supreme Court can just arbitrarily decide what income is. The one thing that makes or breaks a man... and we've decided to let government decide whether they'll leave us alone or rob us blind. We surely must be either a nation of trusting individuals or fools. I leave you with this quote: A fool and his money are soon parted.
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