Two wheel passion
and
My run-in with a
wild-boar

Societal Perspective
- governmental intrusion via mass confusion
Tax Obligations of the Profession
Literature Review: A taxing experience
Incorporating: A balancing act
- staying adaptive in remaining competitive

things of interest
- music
influences
playlist
- creativity

know what, I’m still working on this part... coming soon I guess?

Tax Obligations of the Profession
(A modified thesis which once oriented towards the tax burden of a PLS)
by Adam Zettlemoyer
depthsofobscurity.com
Abstract:
Young and wily I set out questioning the world, obsessed with the why behind the what. In the pursuit of satisfying my queries, I decided on an issue which includes an influential entity upon the individual. In particular the interaction that exist between the government and its citizens, narrowed further to the relationship between the Internal Revenue Service and the private sector. This paper attempts to address all aspects of taxation endured by the professional with the goal of preparing and possibly enlightening future business entrepreneurs. Taxes are inescapable but if allowed to become too complex may cause difficulties in comprehension. The taxing system in the United States cannot be followed verbatim but there may be possible alternatives in how the government collects its revenue. We will explore different taxing schemes utilized by other government bodies, as well as a new taxing proposal dubbed the FairTax. A comparison will be drawn detailing the effects of each taxing method upon a profession. Emphasis will be given on the current taxing structure imposed by the federal government and the choices available in complying with the tax code along with the inherent tax implications of such decisions.
Introduction:
The American dream for many of us includes possessing the power to control our own actions, to be our own boss in making decisions in the hope of collecting full return from investment. In the act of funding public necessities and implementing public policies our government collects taxes from whomever is found dealing within its jurisdiction. The method by which the government collects taxes ranges from taxing income to taxing purchases, even taxing ownership and legal rights (i.e. license fees, etc.). In trying to obtain funds the tax code has stretched into all aspects of private dealings and in doing so has grown in complexity. Exemptions, deductions, tax credits, and refunds create perceptions of unfairness amongst taxpayers who may or may not be taking advantage of “loopholes”.

This paper will address the methods utilized by federal and local government bodies in collecting revenue and the expenses endured by the professional. The content hereof is the collaboration of knowledge streaming in from two avenues. One of which is the research portion, the provider of general information and history on taxation and corporate structure. The other avenue represents the concerns of tax payers and the consequences of taxation. We will begin with an analysis of each of the taxing methods imposed on the professional whose business resides in the state of Florida. Secondly we will explore the necessity and the possibilities of changing the way our government collects revenue; what affect will a change to the FairTax have on the way businesses operate? Then we will revisit the current scheme by which we can conduct business within the United States; by what means can we contribute, how can we ensure that we are complying with the rules, and what are the implications of the choices we have in satisfying the IRS? With that said let the madness ensue…
Analysis:
Taxation morphs and evolves as it settles into an acceptable median between the government and its citizens, and over the years the government invents new ways to tax as people discover new ways to be relieved of taxes. Taxes come in many forms but they can be described as either taxing income, taxing consumption, or taxing possession.

Taxing income is used by politicians to persuade the public to act or follow a desired trend and every year the tax code is altered to accommodate or cash in on business and individual innovations. The federal government along with many state and local governments implement some sort of income tax. It is a levy on the gross income earned or assembled by an individual or corporate entity. An income tax can be described in three ways: regressive, proportional, or progressive. A regressive system taxes each entity the same amount. It is regressive in nature, for example a millionaire and a bum are taxed a dollar each week, for the millionaire the dollar is nothing but for the bum it may be hard to come by; the poor do not have the resources and thus feel a harder hit from taxation. Now a proportional system taxes income by a constant tax rate. For example, a man earning $100 and a man earning $50 are taxed at the same rate of 10%; one pays $10 in taxes the other pays $5 in taxes. Today our federal government exercises a taxing scheme which is progressive in nature. A progressive system taxes wealth with an increasing tax rate. As acuminated wealth reaches a set dollar amount, dollars earn after are taxed by an increased rate.

The federal government taxes the gross income of individuals and corporate entities, but it allows exemptions and deductions to be utilized in calculating the tax obligation owed. In trying to persuade just about every action taken by entrepreneurs the tax code has become fairly complex. In 1862 an income tax was original enacted to provide funds for the American Civil War and then was repealed 10 years later by congress [1]. Later it was reintroduced but deemed unconstitutional until the ratification of the 16th amendment [1] giving the federal government the authority to enact a tax on any source without apportioning it out to the states [2]. According to the FairTax book, “Since 1954, the number of words in our tax code has increased by nearly 500 percent” [3].

The environment manifested by the income tax system can be confusing, can be expensive, and can be a nuisance for the professional. Creation of exemptions and deductions for individual endeavors in many cases leaves the tax code to be interpreted by professional tax preparers. Either the business hires an in-house accountant or pays for a third party consultant. A firm may hire someone as an office manager to handle business accounts and payroll. Paying taxes requires experience, and unless one has thrust themselves into the arena on first approach may become overwhelmed by the countless forms and procedures required to satisfy the government and may decide to neglect the hassle to someone else. Another drawback or nuisance incurred by the professional is the taxation on investment aspirations, by reinvesting the income earned opportunity comes with a tax. Through withholding the federal government collects half of the percentage owed by the individual and collects the other half owed from the individual’s employer. Theoretical the employee’s take-home-pay is affected in two ways. First of which is from tax withholding stated on the paystub and the second is a loss in real wage to offset the employer’s employment tax obligations. For example, an employer’s budget would need to include the expense of covering employment taxes and the associated cost of processing them.

Taxing consumption is similar to that of taxing income; just the role of who is obligated to report a particular portion of the tax revenue is switch. Instead of the income earner having to report his/her taxes to the federal government, the recipient of these taxes through purchases is obligated to transfer the tax over to the government; a typical sales tax, for example we pay 7cents to every dollar on all purchases in Alachua County at the cash register (In this manner a flat sales tax is regressive because it doesn’t distinguish between the resource availability of an individual). The government doesn’t collect taxes until a purchase of a sale or service has been rendered. Imposing consumption taxes has become an art perfected by state and local governments in collecting revenue without greatly upsetting their constituents.

For an entrepreneur who wishes to operate or do business within a certain local should be aware of all local taxes and regulations concerning the sale of a good or service. In some instance the firm maybe required to pay a tax that exist within the home region even though one doesn’t exist outside the area, or vice-versa.

The third type of taxation is that levied upon possession. Through licensures and fees a professional gains the right to possess a license to operate. According to Florida Statute Ch. 205 local governments are given the authority to charge a fee for the privilege to do business within its jurisdiction [4]. Local governments include any county or incorporated municipality. Also tangible interest held by the business such as office space or equipment maybe taxed on their respective values [5]. An expanding business needs to be aware of tax rates and fees levied by the jurisdiction for where assets maybe located or operated.
Change:
As the government and the private sector balances over taxation issues, a group of business men invested into an idea centered on changing the way our government collects taxes. Through their efforts they were able to introduce H.R. 25 a tax bill detailing the FairTax. The tax plan was developed by the Americans for Fair Taxation, [3] and explained further in a book titled The FairTax Book, by Neal Boortz and John Linder. The FairTax is an overhaul of the federal tax collection process; it eliminates federal income taxes and replaces the current revenue stream with a national sales tax. The FairTax plan hopes to simplify the tax code, and by doing so reduce compliance cost and taxing implications of doing business.

The FairTax is a onetime tax at the retail level imposed only on new goods and services rendered. It is based on consumption and the acquisition of wealth is not taxed, for example from savings, retirement, inheritance, or the sales of used goods. It wishes to make the amount of taxes paid for a particular item transparent, shown as a single rate at the bottom of a cashier’s receipt.

The organizer and proponents of the FairTax propose a couple of interesting consequences the new tax plan would have on the economy, and ultimately on the surveying profession. For one they say the taxing scheme will stimulate growth within the economy by enticing businesses to invest here in the U.S. and lower the cost of producing new homes. We know how a stuttering economy affects the surveying profession and we remember what kind of an affect a flourishing economy had on many local surveying firms.

The FairTax plans to entice businesses by eliminating corporate income taxes and payroll taxes from the list of tax reporting obligations, leaving only the process of reporting sales taxes behind. Tax filing will be simplified, for the business files only one return with the state, leaving the federal, state, and local governments to work out their respective shares of the revenue amongst themselves. Not only should compliance cost drop but the FairTax calls for an administration credit for filing taxes [6]. Currently funds are leaving this country in the search of tax havens and more friendly tax systems to be saved and invested [3] in foreign companies. The United States has one of the highest corporate tax percentages, and eliminating these taxes would give American businesses a competitive advantage over businesses located in countries with higher corporate taxes [3].

By broadening the tax base to include foreign visitors and the underground economy, the FairTax may lower the price of new goods [3]. By eliminating embedded taxes, such as payroll and income taxes, businesses can offer their services and products at a reduced price. The FairTax attempts to be transparent and streamline for American business, because it suggests for a single reporting form to be used by the business entity to transfer taxes from the retail consumer to the government, most likely the business will report the FairTax to their respective state. With embedded taxes gone, complex products such as a house will experience a drop in production cost. All the businesses involved from lumber producers to plasterers will be relieved of the tax burden; only the Realtor or the builder would be responsible for collecting and relieving the owed tax from the purchaser to the state. Americans for Fair Taxation bring forth economists who argue that new homes incur a 25 percent embedded tax were as an enacted FairTax would impose a 23 percent tax [7].
Complying:
Within the first few pages of the regional magazine, The Florida Surveyor, is a list of sustaining firms and at the end of each of their names one can see LLC, Inc., PA, PL, LC, LP, etc. These abbreviations confirm the type of corporation structure the business entity has undertaken. A professional may choose to incorporate to limit liability on personal assets held outside the business entity. Dependent on the form of corporation undertaken, income earned by the business can allow for certain provision within the tax code. Choosing the right business structure is dependent on creating the right recipe of government oversight with liability and tax treatment. In explaining some different business structures, comparisons will be detailed through each structure’s associated regulatory requirements, liability protections, and tax treatment. In determining a structure for a business enterprise there are three forms to consider: a sole proprietorship, a partnership, and a corporation [8].

A sole proprietorship is the simplest structure for a business to undertake. The owner becomes the business entity and as such is entitled to all of the profits, but the drawback is the owner accepts unlimited liability [8]. Income earned through the business is reported on the owner’s income tax return and the business owner is liable for debts and legal proceedings incurred by the business [9].

A business operating as a partnership shares many of the same attributes as a sole proprietorship with the exception of having two or more owners involved in the business. Each partner holds unlimited liability against their personal assets and files taxes on the income earned through the partnership on their respective income tax returns. The partnership is bound by agreement or contract and requires minimal state intervention.

To allow for liability protection against an owner’s personal assets, many states allow for limited partnerships (LP). In this structure only owners involved in management duties carry unlimited liability, owners whom act solely as investors are not personally liable [8]. Limited partnerships as well as LLP’s allow for pass through taxation where the owners of the business pay the taxes [8]. To form a LP or LLP the entity must register with the state and proceed with the governing formalities. MyFlorida.gov has the necessary information for creating and operating a business in Florida.

Limited Liability Companies (LLC) are a mix between partnerships and corporations. A LLC becomes a separate entity apart from the owners and allows for the taxing status of a partnership or corporation [8]. All partners hold limited liability and are given relative flexibility in managing their business. Articles of organization must be filed with the state along with a filing fee.

Corporations are taxable entities and the incomes earned by these businesses are subject to double taxation. Corporate losses do not outreach the amount invested by the shareholder. The formation of a board of directors is required to manage the business and filing fees apply. Company shares are easily transferable [9] but this style of business structure is highly regulated by the state.

To avoid double taxation S-Corporations allow for pass-through taxation. To qualify as an S-Corporation, shareholders must be citizens or residents of the United States [10] and limited to one-hundred or fewer [8]. S-Corporations are managed and carry the same liability protection as corporations and have much of the same government oversight as corporations.

In deciding on a particular business structure, create an entity that offers the desired taxation method and liability protection.
References:
As they appear within the text.
[1] Internal Revenue Service. 2008. Brief History of IRS. [online: http://www.irs.gov/irs/article/0,,id=149200,00.html ] Last accessed on Dec. 11, 2008
[2] FindLaw.com. 2008. U.S. Constitution: Sixteenth Amendment. [online: http://caselaw.lp.findlaw.com/data/constitution/amendment16/01.html#2 ] Last accessed on Dec. 11, 2008
[3] Boortz Neal, Linder John. “The FairTax book” HarperCollins Publishers Inc. 2005
[4] State of Florida Statute. Ch. 205 “Local business Taxes”. 2008
[5] State of Florida Statute. Ch. 192 “Taxation: General Provisions”. 2008
[6] United States of America House of Representatives. H.R.25 “FairTax Bill”
[7] Americans for Fair Taxation. 2008. FairTax.org. [ online: http://www.fairtax.org ] Last accessed on Dec. 11, 2008
[8] Miller Roger, Jentz Gaylord. “Fundamentals of Business Law” seventh edition. Thomson/South-Western. 2007
[9] ActiveFilings. 2008. Entity Comparison Table. [online: http://www.activefilings.com/en/information/entity_comparison.htm ] Last accessed on Dec. 11, 2008
[10] MoreBusiness.com. 2008. Different Types of Corporations: Advantages/ Disadvantages of Corporations. [online: http://www.morebusiness.com/getting_started/incorporating/d934832501.brc ] Last accessed on Dec. 11, 2008