For Attorneys: Taxation
Attorneys must register or login. This material has restricted access.
AI-assisted Retrieval of Information from LLMs
In the chat box below, please include your preferred location. Please do not include any personal, private or confidential information.
General Background on Taxes and Taxation
Taxation law is a complex field that governs how local, state, and federal governments levy and collect taxes. This includes a wide array of tax types, like income, property, sales, and estate taxes. Let’s delve into some of the common issues that come up in this realm.
Types of Taxes
1. Federal Income Tax This tax is imposed on an individual’s taxable income by the federal government. Taxable income includes earnings from employment, interest on savings, dividends from investments, and profits from selling assets for more than the purchase price. The tax is progressive, meaning the tax rate increases as the taxable amount increases. These taxes are typically due on or around April 15th of the following year.
2. State Income Tax Like the federal income tax, many states also impose an income tax on their residents. The exact amount and structure can vary widely from state to state. Some states have a progressive tax similar to the federal system, others have a flat rate for all income, and some states do not have an income tax at all. Due dates for state income taxes vary, but they often align with the federal due date in mid-April.
3. Capital Gains Tax Capital gains taxes are federal taxes paid on the profit made from selling an asset like stock, bonds, or real estate. The rate can vary depending on how long you held the asset before selling it (short-term vs. long-term) and your income level. These taxes are typically paid when you file your income taxes for the year in which you sold the asset.
4. Local Taxes Local taxes can refer to a range of different taxes imposed by smaller jurisdictions such as cities or counties. This could include local income taxes, property taxes, and sales taxes. The due dates for these taxes can vary widely based on the specific locality and type of tax.
5. Property Taxes Property taxes are typically levied by local governments on the assessed value of real property (like homes and land) and personal property (like cars and boats). The due date for property taxes can vary by locality, but it’s common for these taxes to be due annually or semi-annually.
6. Death Taxes (Estate Tax) Federal estate taxes, often referred to as death taxes, are applied to the transfer of a person’s assets after death. The tax only applies to estates above a certain value, which as of my knowledge cutoff in September 2021 was $11.7 million. State estate taxes can also apply and can have different exemptions. These taxes are typically due within nine months of the decedent’s death.
7. Inheritance Tax Inheritance taxes are assessed on the value of specific items or amounts received from an estate. Unlike estate taxes which are paid from the estate itself, inheritance taxes are paid by the individual inheriting the property. The exact laws and rates can vary from state to state, and there is no federal inheritance tax. This tax is generally due within a certain period after receiving the inheritance, often around nine months.
8. Use Tax Use tax is a type of sales tax that applies to residents who bought items from another state and were not charged sales tax. The use tax rate is generally the same as the sales tax rate in the buyer’s state. The timing for when use tax is due varies by state, but it’s often paid annually when state income tax returns are filed.
Background of Taxation
1. Government’s Power to Tax Governments possess inherent power to impose taxes on their citizens and residents. This power is typically enshrined in the nation’s constitution or foundational laws, granting authority to the government to raise revenue to fund public services and initiatives.
2. Extent of the Power to Tax The power to tax, while broad, is not limitless. It’s subject to restrictions based on jurisdictional limits, constitutional provisions, and established legal principles. For example, some jurisdictions might have rules against double taxation (being taxed twice on the same income or asset), or they might provide protections for low-income individuals.
3. Determining Tax Amounts Tax amounts are generally determined by legislative bodies or taxation agencies through tax codes or laws. These laws define the tax rates and the bases upon which they are calculated (such as the value of property or a person’s income).
4. Valuation of Taxable Property or Rights The value of taxable property or rights is often determined by market values or statutory guidelines. For instance, the taxable value of real estate might be based on assessed value, fair market value, or a specific statutory formula.
5. Legal Ways to Reduce Taxes Tax codes often include deductions, credits, and exemptions that can reduce a taxpayer’s liability. These can range from business expense deductions, to credits for education or energy efficiency, to exemptions based on age or income level. Using these provisions in line with the law is a common and legal practice known as tax planning or tax avoidance.
6. Improper Ways to Reduce Taxes However, there are also illegal ways to reduce taxes, known as tax evasion. This includes underreporting income, inflating deductions, hiding money or assets, and using offshore tax shelters to avoid paying domestic taxes. Tax evasion is a crime punishable by fines, penalties, and even imprisonment.
7. Penalties for Tax Evasion Penalties for tax evasion vary widely, but they can be quite severe. In addition to substantial fines, they can also include prison time. Penalties are typically scaled according to the amount of tax evaded and the nature of the evasion.
Understanding taxation law can be complex due to the myriad of tax types and the different jurisdictions that impose them. Laws vary widely, and even a seemingly simple situation can involve numerous tax considerations. Therefore, it’s recommended to consult with a tax professional or attorney to ensure compliance and proper tax planning.
Attorney Advertisements-
Attorneys and Others pay a fee to advertise on NextLaw.pro.
NextLaw.pro does not independently review or endorse any of the individuals who advertise or appear on this site. Hiring an attorney is an important matter.