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Tax Credit Rhetoric

The figures bandied about regarding the percentage of tax cuts in the stimulus package was false. Only a very small portion of the bill represented real tax cuts – the rest was spending implemented by having it paid through the tax system. This same type of deceit put Enron executives behind bars. Yet, because it is Uncle Sam and not Kenneth Lay, we let our guard down—and our sensibilities.

Tax cuts and tax credits are terms often used interchangeably. Most Americans don’t know the difference and Congress was counting on that. The stimulus package was sold as “tax credit this” and “tax cut that”. We eventually tuned out: they sound alike, ergo they must be alike. But that is simply not true.

Tax credits peppered the stimulus package. Whether it was a “credit” for energy saving devices, college tuition, alternative energy, gasoline efficiency, or even for being over a certain age; all are simply government expenditures being run through the tax system, But its your money collected and then given back to certain people who meet the criteria—or dare we say, agenda.

For example, if the law provides that by purchasing a $5,000 energy saving device you can reduce your taxes by $1,000, this has nothing whatever to do with a tax cut. If you have to do something to get something, you must look at what is really going on. In this case, the manufacturer and seller of the device is being paid a $1,000 subsidy by Congress to help it sell its product. The payment is being made by having the IRS write the check.

We’re in a recession now. Tax cuts have helped end recessions in the past. The same cannot be said for tax credits. Government is simply laundering its expenses by running it through the tax code. Stimulus spending will do nothing to fix the economy and everything to make the government and its deficit bigger. With politicians and the media using confusing rhetoric, many Americans bought into The Big Lie.

NY State–We Punish You for Withholding the Correct Amount of Tax

Everyone knows about withholding—it’s the money taken out of our paycheck. It is an attempt bythe government, on a pay-as-you-go basis, to collect from you over the course of the year, the amount of tax you would owe for that year.

The various taxing authorities provide specific rules to employers as to how to withhold on regularpaychecks. There are special rules or withholding on bonuses, and other forms of pay (stock option exercises, taxable fringe benefits, etc.) that are over and above regular pay. Commonly, withholding on bonuses are at a fixed statutory rate, normally near the maximum tax bracket of the jurisdiction.

But during the Cuomo years, NY State decided that they could ease their annual budget problems by requiring withholding on bonuses and special payments at a rate approximately 1/2% higher thanthat maximum tax bracket. For those  with  large  bonusesthis could commonly lead to large refunds at tax  filing  time,  but in  general  amounts tended to be small and no major aberration results.

For those employers paying very large bonuses and/or special payments, it is not uncommon foremployers to reduce the withholding so that withholding actually approximates the employees realtax obligation. After all, the objective of withholding  is to have your liability paid on an ongoingbasis.

But apparently NY State has lost sight of this. It is spending our tax dollars to send examiners into the field in order to go after those who are trying to withhold  the  correct amount of tax.

In a case with which I am familiar, the State Department of Taxation is attempting to fine an employee for not withholding taxes at levels that would have caused the taxpayer to have a $300,000  overpayment. This is not pay-as-you-go, this is extortion pure and simple.

Whose money is it anyway?