PrinciplesofTaxation forBusinessandInvestment Planning 202023rd Edition by a a a a a a
aSally Jones, Shelley Rhoades Catanach
a a a a
Chapter1 Taxes and Taxing Jurisdictions
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Questionsand Problems forDiscussion a a
1. Tax payments differ from government fines and penalties because they aren‘t intended to
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adeter or punish unacceptable behavior. Tax payments differ from fees or user charges
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abecause they don‘t entitle the payer to a specific government good or service, such as a
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apostage stamp or a driver‘s license. Tax payments also differ from fees or user charges
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abecause they are compulsory. a a a
2. This payment has characteristics of a tax, a penalty, and a user fee. The compulsory payment
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a is not specifically punitive but does apply selectively to those companies most likely responsible
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afor the polluted condition of Green River. However, these same companies may be the entities
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athat benefit most from the environmental clean-up.
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3. This payment more closely resembles a fee for a government service than a transaction-based tax
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abecause the transaction occurs between a private party and the jurisdiction itself, rather than
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abetween private parties engaging in a market transaction. The payment also entitles the payer to
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aa specific benefit (the right to marry under law).
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4. To the extent that the decline in exterior maintenance reduces the value of Mr. Powell‘s
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aapartment complex, he bears the incidence of the increased property tax. To the extent that the
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adecline reduces the value of adjoining properties or makes the neighborhood less attractive,
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athe owners of the adjoining properties and the neighborhood residents share the incidence of
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athe tax increase.
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5. People who don‘t directly use public schools (such as Mr. and Mrs. Ahern or people who don‘t have
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achildren) indirectly benefit from a public education system for the general population. Arguably,
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apublic education contributes to a skilled workforce and improves the cultural and social
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aenvironment in which Mr. and Mrs. Ahern live. Based on this argument, Mr. and Mrs. Ahern should
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anot be exempt from the local property tax.
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6. The consumers who pay the same price for a smaller bar of soap of lesser quality bear the
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aincidence of the new gross receipts tax. a a a a a a
7. Real property can‘t be hidden or moved, and its ownership (legal title) is a matter of public
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arecord. In contrast, personal property is mobile and may be easily concealed. Moreover,
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ajurisdictions may not have an effective means to discover or trace ownership of personal
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aproperty.
8. Arguably, private golf courses beautify the locality and are environmentally more desirable than
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aother commercial activities. They also may require more acreage than other businesses and,
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atherefore, would be at a competitive disadvantage without a preferential real property
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atax rate.
a
9. Many jurisdictions that levy property taxes provide an exemption for public institutions, such as
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astate universities or private colleges. If University K is entitled to such an exemption, every
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acommercial building or residence acquired by the University reduces the local jurisdiction‘s
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aproperty tax base. a a
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,10. Excise taxes are imposed on a much narrower range of consumer goods and services than
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sales taxes. Consequently, people can more readily avoid purchasing the specific good
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or service subject to excise tax.
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11. The tax increase may have reduced the aggregate demand for consumer goods and,
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consequently, municipal residents are buying fewer goods. A second possibility is that
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municipal residents are traveling to other jurisdictions with lower tax rates or making
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more purchases through mail order catalogs or on-line.
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12. From a political perspective, liquor and cigarettes sales make an excellent tax base because
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consumption of the two products is purely discretionary, and any decline in consumption
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because of the tax is socially desirable. From an economic perspective, these sales are a good
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tax base because the demand for liquor and cigarettes is relatively price inelastic. In other
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words, people who drink and smoke on a regular basis buy these products regardless of a heavy
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excise tax.
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13. The federal income has the broader base. The federal payroll tax is imposed on wages, salaries,
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and other forms of compensation earned by employees. The federal income tax is imposed on
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all types of compensation as well as net business profit, investment income, and any other
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income item from whatever source derived.
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14. A property tax is a periodic (usually annual) tax levied on the ownership of property and
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based on the value of the property on a particular assessment date. A transfer tax is a
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transaction- based tax levied on the transfer of property from one party to another. A transfer tax
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is based on the value of the property at date of transfer.
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15. If the federal government could ―piggy back‖ a national sales tax on existing state sales tax
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collection systems, the federal government could avoid creating a new federal agency for
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collecting the tax. In contrast, the federal government would have to create a new collection
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system for a national VAT. However, a national VAT would be less likely to cause jurisdictional
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conflict between the federal government and the states because states don‘t depend on VATs
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as a source of revenue.
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16. The Internal Revenue Code is federal statutory law, enacted by Congress and signed by the
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President. Technically, Treasury regulations only interpret and explain the statute and aren‘t laws
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in their own right. Thus, regulations are less authoritative than the Code itself. However, because
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Congress authorized the Treasury to write regulations, they are the government‘s official
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interpretation of statutory law. Practically, the regulations carry considerable authoritative
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weight.
a
Application Problems a
1. a. The statement of facts identifies three taxpayers: Mr. Josh Kenney, JK Services, and JK
a a a a a a a a a a a a a
Realty.
a
b. The government of the locality in which Mr. Kenney resides, the state government of
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Vermont, and the U.S. government have jurisdiction to tax Mr. Kenney. The local
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governments of the four counties in which JK Services conducts business, the state
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government of Vermont, and the U.S. government have jurisdiction to tax JK
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Services. The city of Boston, the state government of Massachusetts, and the U.S.
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government have jurisdiction to tax JK Realty.
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2. a. The United States has jurisdiction to tax Mrs. May because she is a permanent resident.
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b. The United States has jurisdiction to tax Mrs. May only on the U.S. source rental
a a a a a a a a a a a a a a
income generated by the Manhattan real estate.
a a a a a a a
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Hill aEducation.
, c. The United States does not have jurisdiction to tax Mrs. May.
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d. The United States has jurisdiction to tax Mrs. May because she is a U.S. citizen.
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3. a. The United States has jurisdiction to tax Mr. Tompkin because he is a U.S citizen.
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b. The United States has jurisdiction to tax Mr. Tompkin only on the U.S. source rental
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income generated by the Buffalo real estate.
a a a a a a a
c. The United States has jurisdiction to tax Mr. Tompkin because he is a permanent resident.
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d. The United States has jurisdiction to tax Mr. Tompkin on his share of the U.S.
a a a a a a a a a a a a a a
source business income generated by Sophic Partnership.
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4. State A: a
Volume of sales before rate increase a a a a a $800,000,000
Original tax rate a a .05
Revenue before rate increase a a a $40,000,000
Volume of sales after rate increase a a a a a $710,000,000
New tax rate a a .06
Revenue after rate increase a a a $42,600,000
Additional revenue ($42,600,000 −$40,000,000) a a a $2,600,000
State Z: a
Volume of sales added to tax base a a a a a a $50,000,000
Tax rate a .05
Additional revenue a $2,500,000
5. a. The property tax is $8,300 ($415,000 2%).
a a a a a a a
b. The property tax is $19,000 ([$500,000 2%] + [$225,000 4%]).
a a a a a a a a a a a
6. a. The property tax is $39,000 ($1.3 million 3%).
a a a a a a a a
b. The property tax is $85,000 ([$2 million 3%] + [$2.5 million 1%]).
a a a a a a a a a a a a a
7. Increase in County G‘s aggregate assessed property tax value
a a a a a a a a $23,000,000
aAssessed value of Lexon‘s new facility
a a a a a (20,000,000)
Net increase in County G‘s tax base
a a a a a a $3,000,000
aTax ratea
.04
Net effect on County G‘s current year revenue
a a a a a a a $120,000
8. a. Value of property purchased in State K
a a a a a a $600,000
Use tax rate in State H
a a a a a a
.06
Pre credit use tax
a a a $36,000
Sales tax paid to State K
a a a a a (18,000)
Use tax owed to State H
a a a a a $18,000
b. Value of property purchased in State L
a a a a a a $750,000
Use tax rate in State H
a a a a a a
.06
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Hill aEducation.
, Pre credit use tax
a a a $45,000
Sales tax paid to State L
a a a a a (48,750)
Use tax owed to State H
a a a a a -0-
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Hill aEducation.