[deleted]
California To Hit Startup Founders with Big Retroactive Tax Bills
11–20 of 318 posts
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#12ex post facto, surely?
The prohibition against retroactive laws only applies to criminal laws. See Calder v. Bull (1798).
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#13We can't effectively manage a budget, give us more money!
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#14I would not have thought that retroactive tax bills were legal. Are there any other common examples or is this a new precedent?
The SC ruled that the retroactive immunity given to telecom companies was legal. I'm pretty sure "Ex Post Facto" is dead.
Ex post facto is not synonymous with "retroactive."
See the post by David Redden in this thread: http://www.connorboyack.com/blog/ex-post-facto-law.
"Secondly, while there’s some evidence that some of the “framers” thought “ex post facto” included civil laws, it’s well-established that the most influential federalists in the late 18th Century understood an “ex post facto law” to mean a law that was 1) criminal, 2) functioned retroactively, and 3) worked to the detriment of the accused. (See Crosskey, The True Meaning of the Constitutional Prohibition of Ex-Post Facto Laws, 14 U.Chi.L.Rev. 539 (1947))."
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#15Does this apply to a Delaware corporation which happens to have offices ("do business") in California?
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#16I would not have thought that retroactive tax bills were legal. Are there any other common examples or is this a new precedent?
The SC ruled that the retroactive immunity given to telecom companies was legal. I'm pretty sure "Ex Post Facto" is dead.
The Supreme Court ruled in Calder v. Bull (1798) that the prohibition on ex-post-facto laws applies only to criminal laws, not civil matters. One could argue that shouldn't be the case, but it's not a later shift away from the 18th-century interpretation.
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#17[deleted]
Speak for yourself.
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#18I would not have thought that retroactive tax bills were legal. Are there any other common examples or is this a new precedent?
The more troubling part is that he's claiming that they are charging interest and penalties on the 'unpaid taxes.' To retroactively change your bill, then charge you interest and penalties for 'late payment' seems well over-the-top.
If I didn't know better, I'd say that they was a blatant money grab.
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#19Come to New York! We're rolling in so much finance money we don't need to hit up small businesses.
Re: California To Hit Startup Founders with Big Retroactive Tax Bills
#20Come to Toronto!
But not Quebec, which just retroactively increased taxes on Liquor. http://www.crfa.ca/aboutcrfa/newsroom/2012/restaurants_oppos...