Chapter 1 Taxes and Taxing Jurisdictions McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.

1-2 Definitions Tax = compulsory payment to support the cost of government contrast with fine/penalty or user fee Taxpayer = any person or organization that pays tax (includes individuals and corporations) Incidence = ultimate economic burden of a tax May not fall on the person or organization who pays tax Jurisdiction = right of a government to tax

1-3 Tax Formula Tax = rate × base Rate can be: Flat (single rate applies to entire tax base) Graduated (multiple rates apply to portions (brackets) of tax base) Base is an item, occurrence, transaction, or activity on which a tax is levied (expressed in monetary terms) Revenue is total tax collected by the government Increased by increasing either rate or base

1-4 Two Ways to Characterize Taxes Frequency with which tax occurs Transaction (event) based taxes, such as: Sales or excise tax Estate or gift tax Activity based tax, such as: Income tax Link to specific government expenditures Earmarked to finance designated projects, such as: Social Security and Medicare EPA’s environment excise taxes

1-5 State and Local Taxes Property (ad valorem taxes) Real property tax Abatements often granted to entice new business Personal property tax Household tangibles (vehicles) Business tangibles Intangibles (securities)

1-6 State and Local Taxes Sales/use Broad-based but often excludes necessities (food, drugs) Personal responsibility for use tax Excise tax Imposed on retail sale of specific goods or services Cigarettes and gasoline Hotel and motel accommodations Income tax Personal Corporate

1-7 Federal Taxes Individual income tax Corporate income tax Employment taxes Social Security Medicare Unemployment taxes Excise taxes Transfer taxes Gift Estate Generation-skipping I n c o m e t a x e s I n d i v i d u a l C o r p o r a t i o n

1-8 History of Federal Income Tax Pre-1861: tariffs, excise and property taxes First income tax enacted to pay for Civil War in 1861, expired in 1871 First permanent income tax passed in 1894, but struck down by Supreme Court as unconstitutional Sixteenth Amendment ratified in 1913 made the income tax constitutional Internal Revenue Code was enacted in 1939 and subsequently revised in 1954 and 1986

1-9 Foreign Taxes Income taxes similar to U.S. Value added tax (VAT) Similar to a sales tax on the incremental value added by a business at each stage of the production process Business can claim a credit for VAT paid to a supplier with proof of payment

1-10 Jurisdictional Competition Increasing the tax rate or expanding the definition of the tax base can cause taxpayers to flee the tax jurisdiction Current trends in increasing the tax base Annexation to expand city property Gambling/lotteries Sales tax expansion

1-11 Sales Tax Expansion The Supreme Court case of Quill Corporation vs. North Dakota held that mail-order companies need not collect sales tax from customers located in states where the company did not have physical presence What are the implications for the internet?

1-12 Sources of Tax Law Statutory authority is the Internal Revenue Code Administrative authority Treasury regulations IRS Revenue Rulings and Revenue Procedures Federal judicial authority Supreme Court Appellate courts Trial courts Tax Court District Court Court of Federal Claims