Doing this is effectively unconstitional as it would be interpreted as an interstate tax. So lawyers would get this slapped down pretty much instantly.
Plus, what a gift to billionaires. “See! They’re so mean to me. ;…(”
The tax policy should draw a clear distinction between taxed individuals and corporations, making this a Larry Page is a bitch problem, not “CA is threatening businesses” issue.
It’s not an “interstate tax” interpretation that makes eminent domain seizures of fleeing billionaires not happen.
It’s that the states have to pay a fair value for seized property, so “they’re selling this” is just the same thing with extra steps.
States can apply whatever tax schemes they want, including confiscatory wealth taxes on billionaires. So long as they’re applied evenly and there is a clear connection to the state.
(For example, despite fleeing to FL Trump.still has to pay NYS and NYC tax on the profit from any of his corporate or personal investments in NYC.)
Doesn’t the state also control the courts? I think as a country we have gotten too used to the idea that our legal system isn’t just a framework used to keep society civil. Just as oligarch can weaponize the system, we can use that same system against them if we wanted to.
There are no less than two separate court systems the billionaire could use – CA’s own, and the federal courts. Plus maybe those of whatever state they fled to.
Since the 5th amendment is what requires states to pay for property they seize, this isnt a CA only thing that could miss the federal court like CA’s “all beeches are and have always been public” rule.
if Trump has shown anything its that the courts have no power that isn’t willingly given to them. States already have a pretty good justification with the clear departure of president and the extreme use of the shadow docket. An aligned state system can get creative and work around a compromised federal system if the will of the people is there. This exercise is fun but at the end of day our democracy is still based on the collective will of people, for now.
States actually can’t apply any tax regime they want if it violates the interstate commerce clause. As the GOP argued against Obamacare, a mandatory penalty is a tax. This SCOTUS would 100% agree with that assessment. If a state implemented eminent domain on a business, which is state nationalization on par with every corrupt despotic regime in history and economoc suicide, that’s close enough to a penalty for leaving the state that this SCOTUS would gladly invalidate it
Trump investments were likely still headquartered in NY, so your point doesn’t really apply here. Also, sales tax applies to where a sale taxes place. Your best bet would be a sales tax on specific factors that catch tech companies. But just like Ireland and the EU, tax havens can be an office of 10 people in a company of 1000.
Look, thus is a hard problem to solve. Policy people have been trying for decades. These people employ armies of lawyers to get them out of every problem, and they proudly leverage states against each other, and this is what that looks like. Don’t give the bastards what they want, and they wany sympathy they don’t deserve.
States actually can’t apply any tax regime they want if it violates the interstate commerce clause. As the GOP argued against Obamacare, a mandatory penalty is a tax. This SCOTUS would 100% agree with that assessment. If a state implemented eminent domain on a business, which is state nationalization on par with every corrupt despotic regime in history and economoc suicide, that’s close enough to a penalty for leaving the state that this SCOTUS would gladly invalidate it
Trump investments were likely still headquartered in NY, so your point doesn’t really apply here. Also, sales tax applies to where a sale taxes place. Your best bet would be a sales tax on specific factors that catch tech companies. But just like Ireland and the EU, tax havens can be an office of 10 people in a company of 1000.
Look, thus is a hard problem to solve. Policy people have been trying for decades. These people employ armies of lawyers to get them out of every problem, and they proudly leverage states against each other, and this is what that looks like. Don’t give the bastards what they want, and they wany sympathy they don’t deserve.
States can and do drive whole categories of business out of their state. Self-service gas stations in NJ, wine stores in PA,.etc etc
And while you’re right that the distinction between a penalty and a tax is mere semantics, it’s not something that would keep CA from just imposing very high taxes on the rich or NY from continuing it’s “we tax NY source income for all”.
Trump having his NY corp sell all of its NY assets to a FL corp would still keep those NY assets and revenue subject to NY taxes, same as any other FL corp doing business “in” NY, though it would move the non-NY revenue to a different treatment.
If your business is incorporated in New York State or does business or participates in certain other activities in New York State, you may have to file an annual New York State corporation tax return to pay a franchise tax under the New York State Tax Law.
Doing this is effectively unconstitional as it would be interpreted as an interstate tax. So lawyers would get this slapped down pretty much instantly.
Plus, what a gift to billionaires. “See! They’re so mean to me. ;…(”
The tax policy should draw a clear distinction between taxed individuals and corporations, making this a Larry Page is a bitch problem, not “CA is threatening businesses” issue.
It’s not an “interstate tax” interpretation that makes eminent domain seizures of fleeing billionaires not happen.
It’s that the states have to pay a fair value for seized property, so “they’re selling this” is just the same thing with extra steps.
States can apply whatever tax schemes they want, including confiscatory wealth taxes on billionaires. So long as they’re applied evenly and there is a clear connection to the state.
(For example, despite fleeing to FL Trump.still has to pay NYS and NYC tax on the profit from any of his corporate or personal investments in NYC.)
Don’t states control the property assessments though?
Kind of. But if it’s not “fair market value”, the owner can (and will!) sue to either block the seizure or be paid the difference. Plus expenses.
Doesn’t the state also control the courts? I think as a country we have gotten too used to the idea that our legal system isn’t just a framework used to keep society civil. Just as oligarch can weaponize the system, we can use that same system against them if we wanted to.
There are no less than two separate court systems the billionaire could use – CA’s own, and the federal courts. Plus maybe those of whatever state they fled to.
Since the 5th amendment is what requires states to pay for property they seize, this isnt a CA only thing that could miss the federal court like CA’s “all beeches are and have always been public” rule.
if Trump has shown anything its that the courts have no power that isn’t willingly given to them. States already have a pretty good justification with the clear departure of president and the extreme use of the shadow docket. An aligned state system can get creative and work around a compromised federal system if the will of the people is there. This exercise is fun but at the end of day our democracy is still based on the collective will of people, for now.
States actually can’t apply any tax regime they want if it violates the interstate commerce clause. As the GOP argued against Obamacare, a mandatory penalty is a tax. This SCOTUS would 100% agree with that assessment. If a state implemented eminent domain on a business, which is state nationalization on par with every corrupt despotic regime in history and economoc suicide, that’s close enough to a penalty for leaving the state that this SCOTUS would gladly invalidate it
Trump investments were likely still headquartered in NY, so your point doesn’t really apply here. Also, sales tax applies to where a sale taxes place. Your best bet would be a sales tax on specific factors that catch tech companies. But just like Ireland and the EU, tax havens can be an office of 10 people in a company of 1000.
Look, thus is a hard problem to solve. Policy people have been trying for decades. These people employ armies of lawyers to get them out of every problem, and they proudly leverage states against each other, and this is what that looks like. Don’t give the bastards what they want, and they wany sympathy they don’t deserve.
States actually can’t apply any tax regime they want if it violates the interstate commerce clause. As the GOP argued against Obamacare, a mandatory penalty is a tax. This SCOTUS would 100% agree with that assessment. If a state implemented eminent domain on a business, which is state nationalization on par with every corrupt despotic regime in history and economoc suicide, that’s close enough to a penalty for leaving the state that this SCOTUS would gladly invalidate it
Trump investments were likely still headquartered in NY, so your point doesn’t really apply here. Also, sales tax applies to where a sale taxes place. Your best bet would be a sales tax on specific factors that catch tech companies. But just like Ireland and the EU, tax havens can be an office of 10 people in a company of 1000.
Look, thus is a hard problem to solve. Policy people have been trying for decades. These people employ armies of lawyers to get them out of every problem, and they proudly leverage states against each other, and this is what that looks like. Don’t give the bastards what they want, and they wany sympathy they don’t deserve.
States can and do drive whole categories of business out of their state. Self-service gas stations in NJ, wine stores in PA,.etc etc
And while you’re right that the distinction between a penalty and a tax is mere semantics, it’s not something that would keep CA from just imposing very high taxes on the rich or NY from continuing it’s “we tax NY source income for all”.
Trump having his NY corp sell all of its NY assets to a FL corp would still keep those NY assets and revenue subject to NY taxes, same as any other FL corp doing business “in” NY, though it would move the non-NY revenue to a different treatment.
https://www.tax.ny.gov/bus/ct/ctidx.htm