"Car-tax bills no longer to break out spending"
New car-tab bills issued by the state Department of Licensing no longer show a breakdown of how much cash goes to Sound Transit, the Seattle Monorail Project or state highways.Posted by Stefan Sharkansky at December 09, 2005 11:27 AM | Email This
If they told you what they were spending your money on, you might be able to hold them accountable for getting stuff done.
I heard that Gregoire announced a budget surplus a few days ago, and that "now is not the time to increase taxes" (That was yesterday)
I like government. I need government. Otherwise how would I spend my money?
Posted by: Jason Woodruff on December 9, 2005 11:59 AMAnd remember, this is not the last time she has stated openly "Now is not the time to increase taxes" But the new January session will be!
So remeber these people and get the heck out and vote!
Posted by: GS on December 9, 2005 12:04 PMhttp://www.courts.wa.gov/opinions/index.cfm?fa=opinions.opindisp&docid=760365MAJ
7 Judges say the MVET's are EXCISE taxes.
The only two who agree with you are 1) a shill for the BIAW and 2) a libertarian whack job.
Posted by: R. Jones on December 10, 2005 12:29 PMFirst, your link doesn't work. Second, if what you say is true about those seven judges, and assuming they paid those taxes and they itemize, I guarantee you they listed those tax amounts as deductions as property taxes on Schedule A.
Third, there is no other way you CAN deduct car tab fees other than as property taxes. Excise taxes (sales taxes an individual paid to state or local governments) are for the first time deductible for TY2005. However, that is not what car tab taxes are -- they are personal property taxes collected when a vehicle is registered.
Here is what the 2005 IRS Instructions to Form 1040, Schedule A say about Line 7 on that Schedule (this is on p. 5)
http://www.irs.gov/pub/irs-pdf/i1040sa.pdf:
"Personal Property Taxes. Enter personal property tax you paid, but only if it is based on value alone and it is charged on a yearly basis. Example. You paid a yearly fee for the registration of your car. Part of the fee was based on the cars vlaue, and part was based on its weight. You can deduct only the part of the fee that was based on the car's value."
This is how it has always been for car tab fees paid to DOL in Washington. Same thing when the 2.2% was paid to the State, and same thing with the Sound Transit and SMP taxes. The instructions to Schedule A from previous years specifically stated that excise taxes are not deductible. Car tab taxes are deductible because they are property taxes.
Posted by: accountant on December 11, 2005 08:43 AM
Think about it. The IRS says car tab taxes are taxes on personal property (cars), paid annually in exchange for registration. The Supreme Court could have agreed with that IRS characterization. But that would mean ST and SMP would have had to make refunds, and the taxes could not be collected going forward. ST and SMP do not have statutory authority for annual personal property taxes.
Instead of refunds to the taxpayers, the Supreme Court’s decision to call those two car tab taxes “excise” taxes means 1) B of A gets its loan paid back, and 2) ST gets to keep some money it does not need and never should have collected.
Feel free to ask ST and SMP what line on your 2005 Schedule A you should use to itemize their car tab tax amounts. They will do one of two things. They might say “we don’t give tax advice.” That’s horse-pucky – they spend millions of dollars on legal fees every year to advocate to judges and legislators about what tax laws mean. If they are honest, they will say in 2005 you should itemize the car tab taxes you paid them on Line 7 of Schedule A (“Personal Property Taxes”).
These two local car tab taxes are not “excise” taxes. ST’s sales tax IS an excise tax, and it can not be deducted on Line 7 of the 2005 Schedule A (and it never was deductible before this year, just like the State sales tax never was deductible before 2005).
Happy Holidays.
Here are the links:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=760365MAJ
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=760365DI1
Posted by: Novaris on December 12, 2005 09:22 AMThe court specifically held the ST and SMP car tab taxes were NOT personal property taxes. It determined they were excise taxes, just like the name says: Motor Vehicle Excise Taxes.
You can not (legally) itemize excise taxes on a line on the 1040 Form for listing “Personal Property Taxes” you paid. Find a different line to itemize them (or don’t deduct them).