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admin | Category: Phone Book Lookup | 18.12.2015
California’s hostility towards business, and willingness to tax it into oblivion, is storied.
Or, for that matter, some newly created tax liability — like the new retroactive (to 2008) tax that’s going to smack the Golden State’s golden goose upside the head. As you can imagine, those QSBs, the companies that qualified for the reduction in taxes but now suddenly don’t qualify, are not reacting positively to this news. Retroactive tax increases — a recent passion of our revenue-hungry governor and his Democrat allies in the legislature — should be unconstitutional.
Like Proposition 30, which increased income taxes retroactively after voters passed it last November, the net effect will be not more money for the state, but less — as we soon will find out. In an article in Xconomy, California entrepreneur Brian Overstreet explains how this crazy situation came to be.
It concerns a business that a few years ago had taken the tax advantages due it as a Qualified Small Business. True to form, California is alone in its stupidity.  The federal government, tone deaf as it is on the economy, realized that encouraging fast-growing businesses is a good thing and extended its QSB program.
By the same logic the Supreme Court uses to say certain other things the Federal Government can’t do also apply to the states, section 9 makes retroactive taxes unconstitutional.

I have researched the ex-post-facto portion of the Constitution and reviewed many cases, including the Nixon case, and you are right.
How much longer can we possibly maintain before California becomes the ghost state, like so many ghost towns that have been created in the past? We’re heading down a road that I believe will result in the entire state going bankrupt. It doesn’t matter who we want to elect, the votes are never counted, hence the strong democrap state legislature. This encouraged the entrepreneurs to start and keep their companies in California, instead of decamping to lower-tax states. For starters, a lot of entrepreneurs who sold their businesses after 2008 are going to be very, very angry at the state, and will become much more likely to leave the state. The Franchise Tax Board, the state tax collector, told the company that it was in fact not qualified for the deduction, and would have to pay the higher 9 percent capital gains tax.
In fact, I am writing a book about the bill of attainder and ex-post-facto laws congress passed and took all the consumer protection away from student loans and made those laws retroactive to, now, nearly forty years ago. It’s time to consider being at the polling stations to make sure that every vote is counted.

With this and the death tax we have to pay I might as well start fitting myself for a black and white striped jump suit. Business people make decisions based in part on tax implications, and to change those implications after the fact is akin to double jeopardy and an apparent  violation of the ban on ex post facto laws in the U.S. Worse, hundreds or thousands of other entrepreneurs who plan to sell their companies will relocate to states with less onerous tax policies. The FTB had determined that the company failed to meet one of the qualification points — having 80 percent of its workforce and assets in California.
An affected party would have to go back in time to protest the change, which of course had not yet been changed. If someone challenged the ex-post-facto portion, the case would be tied up in court for years and Sacramento knows that. We need to get the idiots out of politics but we would not have anyone to run the state or country.

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