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California

A measure to tax the gross receipts of licensed medical marijuana dispensaries in Oakland passed overwhelmingly on Tuesday. The vote makes Oakland the first city in the US to tax marijuana.

The tax was put on the ballot after a considerable push from the medical community. City Council jumped on the bandwagon, too, when it became clear that Oakland would not meet its budget for the year. Rebecca Kaplan, a local councilwoman said, “Given that the medical cannabis dispensaries are something that was legalized in California, why not have revenue from it?”

So that kind of makes sense. In theory, I get the idea of taxing legal substances, like tobacco, to raise revenue. What’s odd, though, is that this is medical marijuana. That is a significant distinction. In California, it would be otherwise exempt under the state sales tax laws which specifically exclude “[s]ales of prescription medicine and certain medical devices.” However, according to the Wall Street Journal, sales tax is collected on the purchase. This, according to the State Board of Equalization, is because marijuana cannot be exempted as a prescription drug since it is classed as a Schedule I drug by the federal government and is cannot be “prescribed.” To actually obtain medical marijuana, your doctor must write a note, not a prescription (insert rolling of the eyes here).

The new tax in Oakland is a gross receipts tax imposed on the dispensaries which are licensed to sell medical marijuana. Currently, four dispensaries inside the city fit the bill. Those dispensaries not only supported the effort to tax medical marijuana, they pushed City Council to put the tax to a vote. Why? While the tax is relatively small (1.8%), it, in effect, legitimizes their product. You may recall a similar effort in Nevada to tax prostitution; though legal, it was not taxed and the sex industry lead the failed effort to have it taxed. For better or worse, taxing a product is perceived as the government’s tacit approval of the sale of the product.

The latter is exactly what has riled those who are fighting to keep drugs out of California. Paul Chabot of the Coalition for a Drug Free California, in addressing those concerns, has said, “With the state in dire straits in finances and the country looking for ways to pay down debt, looking at illegal drugs is the absolute wrong thing to do.”

Only Mr. Chabot doesn’t have it quite right. California is one of 13 states that has passed a law legalizing the sale of medical marijuana; it is not illegal in that regard. Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington have also legalized the sale of medical marijuana. Other states, like North Carolina and Iowa, are considering measures which would legalize the use of marijuana for medical purposes.

But Chabot does have many supporters who believe that the taxation of medical marijuana puts the state of California one step closer to legalizing the distribution of marijuana altogether. Those supporters argue that marijuana is a gateway drug to harder drugs and that legitimizing marijuana will pave the way towards legitimizing other drugs.

That arguments isn’t convincing many government officials. Taxing the distribution of medical marijuana is expected to raise an additional $300,000 for the City of Oakland, though some supporters claim that the number will be as high (no pun intended) as $1 million. Not surprisingly, then, Los Angeles, Berkeley and San Francisco are reportedly considering a similar scheme.

Even more dramatic, as blogged earlier, the state of California is debating a bill which would legalize and tax the sale of marijuana without regard for medical use. That bill includes a measure, ironically, which would exempt the sale of medical marijuana from sales tax.

Interestingly, it was the taxation of marijuana in the 1930s which lead to the criminalization of the drug. Really. The 1937 Marihuana Tax Act imposed a two part tax on the sale of marijuana; one which functioned like a sales tax and an occupational tax for licensed dealers. Violations of the Act resulted in serious consequences.

In 1969, Timothy Leary challenged his arrest for possession of marijuana under the Act; the case of Leary v. United States made it to the Supreme Court. The Court invalidated part of the Act as a violation of the Fifth Amendment (against self-incrimination). The result was a new law, the Controlled Substances Act, passed in 1970, which criminalized the possession or sale of marijuana.

Forty years later, we may end up at the same place again.

What do you think? Should we tax the sale of marijuana? Did Oakland get it right?

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51mAHwbp7kL._SS500_.jpg The highest grossing movie of all time is Titanic, which has amassed nearly $2 billion in revenue in just 12 years. The five Harry Potter films, all released within the last 10 years, have grossed nearly $5 billion in revenue. It’s clear that even in an age where there are other distractions – TV, cable, internet – Americans are still going to the movies and movies still make a whole lot of money. But for who?

You and I know the answer to that: producers, big movie companies and stars like Cameron Diaz and Angelina Jolie who, for some bizarre reason, command millions and millions of dollars per picture.

Many states are hoping to grab a piece of the movie pie, even as their budgets are crumbling. Lawmakers seem focused on handing out tax breaks to woo production of movies and television to their respective state even in the midst of data that suggests that those tax breaks don’t actually benefit the state.

Two of the biggest entertainment centers in the world, New York and California, have pumped literally billions of dollars into the entertainment industry: both states are facing massive deficits this year. And despite throwing tax breaks at Hollywood, states are finding those companies to be fickle: the companies really just chase the money.

Take California for example. The state has spent loads of money to keep the movie industry inside its borders, despite a $24 billion budget deficit this year. The governor of the state even promised an appearance in the Terminator sequel if production remained in California. Nonetheless, the majority of the film was shot in New Mexico. Why? It was cheaper for Warner Brothers.

And California is not alone: states have handed out $1.8 billion in tax breaks and incentives to the entertainment industry over the past two years in an effort to woo business. Forty-one states currently offer some degree of tax break/incentive plan to attract or keep the TV and movie business.

Among them is North Carolina, currently facing a huge budget deficit. The state is introducing new taxes for its citizens all while pushing through new tax breaks targeted at the film and television industry. Will it work? Perhaps. North Carolina has been actively soliciting business from the entertainment industry for years – even since I was a kid. When I was in high school, my school band was chosen to portray a high school band in the movie, Hiding Out. We weren’t naive, we understood that we weren’t the best band out there, we were perhaps the cheapest. But we didn’t care: hailing from a poor county, we were able to use the “donation” from the film company to buy “new to us” uniforms for our band. The film went on to gross $7 million.

Since then, the city has played host to a number of television and movie projects including Dawson’s Creek and Matlock. But questions remain. Would those projects have chosen our town with or without tax breaks? Perhaps. Wilmington is a fairly low cost town with lots of affordable labor and beautiful scenery. That counts for something.

The North Carolina legislature thinks differently. Despite a giant hole in the budget, tax credits for film projects are still very much on the table with the state voting just this week to expand existing breaks. The reported impetus for the urgency? A Miley Cyrus project expected to film in North Carolina moved further south after Georgia offered the production company a better deal – double the tax credits.

As the states duke it out to position themselves as the most attractive place to film, they find themselves as odds with taxpayers who have been charged with the filling the budget gap in the interim. Proponents of the credits argue that the tax breaks will eventually pay for themselves because of the “extra” revenue generated when actors, extras and crew move in, visit their shops and eat at their restaurants (I will say that our albeit brief, weeklong experience was that those folks eat on a closed set, rarely venturing out into town).

Similarly, states argue that production can create new – albeit temporary – jobs for city workers. That’s not always the case: many production companies import a majority of their own sets, caterers, and crew. It is to be expected, quite frankly, since lighting crews, stunt people and other production positions require a level of training and expertise not always easily found.

So are the tax breaks paying off? Some states say yes. A recent report by Ernst and Young found that the local and state governments in and around New York City nearly doubled their investment on the entertainment industry, pulling in $1.90 for every $1.00 of tax credits. And New Mexico, which wooed The Terminator 2 away from California and just wrapped Jackie Chan’s The Spy Next Door, offers a slew of tax incentives: Ernst and Young claims that New Mexico brought in $1.50 for each dollar of tax credits they offered. Louisiana, buoyed by the success of The Curious Case of Benjamin Button, has such faith in the potential return on their investments that they recently introduced legislation to implement a more aggressive tax credit for movie and video productions.

Also pushing new aggressive new plans? Ohio, Massachusetts, Georgia and Texas. The legislators in these states are taking a gamble that their investments will work out.

Not all states are so confident. Connecticut has reported a loss on each dollar of investment in the industry. A recent bipartisan committee in the Michigan senate showed that the state was stung by huge losses as a result of its tax credit initiative: in particular, the refundable nature of their tax credit resulted in the state actually paying companies who reported a loss. And Wisconsin is actually looking for a way out of the tax credit incentives that they had promised before as the state grapples with finding a way to pay its bills.

Pennsylvania is also re-assessing its stance on film credits as it finds itself in a budget crisis. Successful projects recently filmed in the state include Baby Momma and Marley and Me. Proponents of expanding the credit point to those films as indicative of a pattern of growth in the area. However, opponents are quick to point to figures that show a net growth of less than $5 million after taking into consideration all related industries. Those same opponents argue that level of growth could have been generated through investing in long-term industry projects in the state – or by cutting tax for all businesses.

I’m not sure whether tax credits are a good solution long term for most states. I tend to believe that the amount of money being pumped out to an industry which grosses billions and billions of dollars each year could be better spent elsewhere – or put back in the pockets of taxpayers. But then, I also get the “ambient” benefit of having a movie industry in your state… I’ll admit to bar-hopping in Philly, looking for Brad Pitt when he was filming Twelve Monkeys because I had heard that he and Bruce Willis were hanging out downtown. And yes, my husband and I do watch Cold Case so that we can play “name that street.” There is a certain cachet associated with film and television projects that’s hard to value… But the real question is: is it worth it?

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It seems that the IRS’ on again off again love affair with the idea of certifying tax preparers is on again. Earlier this month, IRS Commish Doug Shulman announced a proposal that would require tax preparers be licensed and certified. The immediate feedback on the proposal has been mixed.

My colleagues at the ABA are, of course, backing the idea of such a proposal. The ABA has been actively supporting increased oversight of tax preparers since 2004.

Even before the ABA voiced their opinion on the matter, IRS Taxpayer Advocate Nina Olson has called for regulation of the tax preparation industry (her calls for action date to 2002). In her most recent report to Congress, Olson again called for increased oversight of tax preparers. She cited a 2006 “undercover” study by the Government Accountability Office (GAO) where auditors posing as taxpayers made 19 visits to several national tax preparation chains in a large metropolitan area. Errors were found on all 19 returns, some of which resulted in thousands of dollars of improper refund amounts. In more than half of the cases, the preparers advised that reporting certain income was unnecessary “because the IRS would have no way of knowing about it.”

A similar study conducted by the Treasury Inspector General for Tax Administration (TIGTA) found nearly identical results. TIGTA auditors targeted not only commercial chains but 16 small, independently owned tax return preparation offices, as well. More than half of the returns contained errors and more than a third of those mistakes were considered to be “willful or reckless.” All of the business returns were prepared inaccurately.

So it would follow that requiring additional training and education might help resolve these issues. Or maybe not. Two states have already implemented certification requirements: Oregon and California. The initial feedback is that the accuracy of the returns prepared in Oregon has increased. But California? Not so much. The accuracy of those returns has actually decreased. Does that mean that that certification doesn’t work… or is that just California?

Therein is the problem: will certification actually improve tax compliance and reduce fraud?

Even if it would, how could the IRS possibly regulate the industry? In 2007, there were nearly 138 million individual federal income tax returns filed. Sixty-one percent of those individual federal income tax returns — about 84 million — were completed by paid preparers.

And how would we pay for it? The IRS is already underfunded. And our economy is not exactly the ideal time to be adding to the budget. Implementing many of the ideas put forth by Olson and Shulman will cost tax dollars – and while the goal may be noble, are we really willing to pay additional tax dollars to protect our tax dollars?

As you can imagine, this topic is a hot one in the tax pro world. For more information, you can see my article in the Intelligencer (subscription required). And for some great commentary, see these posts:

The official IRS release on the proposal can be found here.

What do you think? A big yes or a big mess?

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I’m guessing that Gov. Schwarzenegger thinks something very different when he sees this slogan these days: The thing that won’t die, in the nightmare that won’t end.

It’s not the Terminator but rather, the budget.

The state of California is facing a $21.3 billion shortfall. Billion.

And the measures that Schwarzenegger hoped would be a step towards resolving those issues failed – and failed miserably. Voters in California voted down five of six proposals on Tuesday with more than 60% of voters issuing a resounding “no.”

The one proposal that did pass prevents certain state officials from receiving pay raises when California has a budget deficit. But other measures failed. The controversial proposals included shortening the school year by a week and a-half, cutting education jobs, eliminating health insurance for nearly 250,000 children, laying off state firefighters and limiting funds paid to local governments.

Cuts are inevitable now. So are higher taxes. Just months after California cut billions in spending, raised the state sales tax by a penny, borrowed and yes, begged, from the federal government, the state is expected to once again raise taxes. This time, income taxes are the likely target.

But wait… Before you start writing those “what did you expect from California?” comments, consider this statistic: 33 of 50 states have either already raised taxes or are considering raising sales, income and/or excise taxes to make up shortfalls in their budgets. My own state, Pennsylvania, is one of them.

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Buy Fresh, Buy Local, Pay Tax

17 May 2009

Yesterday, the Lowe’s sale paper arrived at our house. The pictures of healthy plants on the front page convinced me to rush out and buy gardening stuff (granted, it doesn’t usually take much convincing). But instead of heading for the big box of Lowe’s, we went to Greensgrow Nursery, which I joke is [...]

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State Tax Primer from A to W: California

20 April 2009

Welcome to my fifth in a series on state taxes! For information about what I’m trying to do, read my introductory bit. Next on the agenda, the state that we’ve all heard a lot about this year when it comes to taxes: California!
CALIFORNIA
Population: 36,756,666 (1st)
Capital: Sacramento
Largest City: Los Angeles
Gross Domestic Product: $1.812 [...]

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Like the Way I Do: Melissa Etheridge Threatens Not to Pay State Taxes

10 November 2008

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Melissa Etheridge is angry.
In an article posted on The Daily Beast, Etheridge railed against the passing of Proposition 8 in California. Proposition 8 is, as you may know, a law which defines marriage in California as between a man and a woman. The law supersedes gay marriages in parts [...]

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Prop 8 Passes in California

6 November 2008

After a contentious fight, as blogged previously, supporters of Prop 8 declared victory in California on yesterday. Proposition 8 defines marriage as between a man and a woman, effectively banning gay marriage in California.
Expect to see this one in court soon – likely on benefits and economic grounds. A federal challenge [...]

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Not Such a Gay Ol’ Time in California

9 October 2008

When all else fails, hit ‘em in the pocketbook…
This week, supporters of Proposition 8, which would ban gay marriage in California, released an ad, pictured above. The ad claims that under current law, gay marriage would be promoted in public schools and warned that churches which opposed same-sex unions would lose their tax exempt [...]

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The Terminator Wants Your Cash

5 August 2008

Schwarzenegger is getting tough. Terminator tough.
With a looming financial crisis (not the first that Schwarzenegger has faced as governor of California), Schwarzenegger is proposing a temporary penny sales tax increase to help balance the budget. As you can imagine, not everyone is happy about the proposal; Schwarzenegger is meeting some serious resistance [...]

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