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IRS Compels PayPal to Release Info

An anonymous reader writes "Just in time for the tax season, the IRS won a federal court ruling, allowing them to force PayPal to turn over records of American taxpayers who have certain foreign accounts. It's all part of an ongoing effort to track down money held in offshore accounts by would-be taxpayers. A spokesperson for PayPal acknowledged receiving the summons (PDF) and said 'We're still evaluating our options [...] The privacy of our customers' information is something we take really seriously.'"

56 of 328 comments (clear)

  1. Aww, poor tax evaders! by DrEldarion · · Score: 5, Interesting

    The privacy of our customers' information is something we take really seriously.

    Unfortunately, the article cut out the rest of what was said. The full quote is as follows:

    The privacy of our customers' information is something we take really seriously. This is so we can give them the illusion of actually caring while we continue to fleece them. Fools!

    Sorry, but I have to side with the IRS here. Everyone who isn't paying the taxes they're supposed to be deserves to be found out. People who cheat on their taxes just make the rest of us pay more. In 2001, there was a discrepency of $311 billion between what was owed and what people paid. $311 billion! If half the people in the US pay taxes (I have no idea the true ratio), then that's $2000 less on average per taxpayer that would need to be paid (and actually, even more than that for the honest taxpayers, as the dishonest ones would be paying more). Alternatively, that's a good portion of the budget deficit.

    Privacy is necessary, but honestly, screw tax evaders.

    1. Re:Aww, poor tax evaders! by Anonymous Coward · · Score: 2, Insightful

      I'd much rather just replace the whole bloated mess with a harder to evade, less invasive sales tax or VAT.

    2. Re:Aww, poor tax evaders! by eln · · Score: 4, Informative

      The largest class of tax evaders are small business owners who either fail to report or underreport income, or deduct spurious expenses. Unfortunately, the IRS basically relies on the honor system for this information. Because of this, it's really not possible for the IRS to know for sure exactly how much owed tax goes unpaid every year, because it's difficult for them to determine what these small businesses (some of which exist only as tax shelters on paper) should actually owe. The $311 billion is only an estimate. The actual problem may be better or worse than the estimate.

      As for individual wage earners, tax evasion is much more difficult since those wages are also reported by the businesses paying them, so it's easy for the IRS to tell if the numbers don't match up.

    3. Re:Aww, poor tax evaders! by Billosaur · · Score: 5, Interesting

      Sorry, but I have to side with the IRS here. Everyone who isn't paying the taxes they're supposed to be deserves to be found out. People who cheat on their taxes just make the rest of us pay more.

      From CNN: The request for information is an outgrowth of an IRS effort, begun several years ago, to trace money that American taxpayers hold offshore to avoid paying taxes. The IRS said many of those taxpayers access their money through credit and debit cards. The tax collectors have already obtained information from some credit card companies, merchants and payment processors.

      "PayPal is another one of the mechanisms by which money stashed overseas might be spent," Eileen O'Connor, assistant attorney general for the Justice Department Tax Division, told reporters.

      Mind you, while I applaud the IRS's efforts (something I never thought I'd hear myself say), I'd like to know when they plan on applying the same hammer to US corporations and businesses that do the same thing. Hey, if the average dishonest American citizen is going to be made to pay up, let's have some of that dirty money that fatcat CEOs are squirreling away too. I don't like taxes, taxation, and the IRS any more than anyone else, but as long as we're going to have the current system of taxation, then everyone needs to play fair and pay up. If you're an honest citizen, you don't have much to worry about.

      --
      GetOuttaMySpace - The Anti-Social Network
    4. Re:Aww, poor tax evaders! by nomadic · · Score: 2, Informative

      Oh good. You can show me the law that says who's liable for taxes then, because the IRS can't.

      Chapter 1, Subchapter A ("Determination of Tax Liability"), Part I of the Internal Revenue Code states quite explicitly who's liable for taxes.

    5. Re:Aww, poor tax evaders! by DrEldarion · · Score: 3, Insightful

      Here's the problem with your argument: The government is spending this money. They're most likely going to spend this money whether we like it or not. Yes, they should spend less. Yes, they are screwing me out of money.

      However.

      People who don't pay what they owe are ALSO screwing me out of money. Whether they like it or not, they have a tax responsibility. If they do not pay their share, then that share must be made up by the other taxpayers. Whether the total amount of taxes collected is $400 thousand or $400 trillion, people who don't pay their share are still screwing me out of money.

      The solution is BOTH to cut spending AND for people to step up to their responsibilities. Even if the government did cut spending, tax evaders would STILL be screwing me out of my money, just not to the same degree as they are now.

    6. Re:Aww, poor tax evaders! by Dan+Ost · · Score: 2, Interesting

      It's not theft, it's a trade.

      You gain benefit from the actions of the government, and in return, if you are able, you pay
      taxes.

      Just because you didn't ask the govenment to do these things for you does not release you
      from this arrangement.

      If you would like to suggest improvements to this arrangement, please, be bold and post them
      here. We'd love to hear from you.

      --

      *sigh* back to work...
    7. Re:Aww, poor tax evaders! by huge+colin · · Score: 2, Insightful

      By living in the United States, a citizen agrees to give a percentage of their own income to the government. That's one of the rules of this club that we're all in. If you don't like that, you are free to leave and join a different club.

    8. Re:Aww, poor tax evaders! by rwven · · Score: 2, Insightful

      I think people who whine about the america deficit need to step back and look at some of the deficits of european and other contries have. The ratio of tax income to national debt in America is SMALL fries compared to most european countries.

      The US is FAR from the only country deep in debt and budgets wackiness.

      While i do have a problem with the amount of money being spent by the US gov't, the one place that i would NEVER cut funding would be the military. If they want to cut funding they should cut funding to the pointless social programs paying people to sit around all day. A lot of people in this country refuse to find jobs because...why should they when the gov't sends them money for no reason.

    9. Re:Aww, poor tax evaders! by LordOfTheNoobs · · Score: 2, Insightful

      They aren't trying to find "known" tax evaders. They're trying to find the good Dr.Smith, who wants cash up front, does the surgery out back and then uses paypal to sneak his unreported income out of the country. They have reason to people are doing this, and they are looking for a way to track it.

      That we spend too much is nonissue when it comes to finding those that avoid paying their share of the nations budget. Presumably, they would avoid even if we had a smaller debt. After all, I somehow doubt it's the poor and honest doing this.

      Seems more a rich and/or to cover up further illegal activities sort of thing to do...

      --
      They're there affecting their effect.
    10. Re:Aww, poor tax evaders! by Yocto+Yotta · · Score: 2, Funny

      Oh, damn, that's a dilbert reference. And it IS next to Kneebonia. That Kneeastan was just me being clever. See how fucking smart I am. I RULE!

      --
      A B A C A B B
    11. Re:Aww, poor tax evaders! by Khammurabi · · Score: 2, Interesting
      I thought they would have aimed at corporations and businesses first as I assumed there would me more fiscal reward to be hard there.
      Ahh, but corporations are better at hiding their money overseas (and have more legal loopholes to do so) than a regular plebian. The IRS is basically going for the easy wins. Why target a single corporation, when you can pick off 1000+ individuals? Since it's a less complex evasion scheme, it's that much easier to prove and prosecute.

      It's kind of the same logic as why bankrobbers have the highest prosecution success rate, but why corporate crimes go relatively unpunished. Most individuals have very little clout and/or money to defend themselves, while corporations are basically big sacks of money with teeth.

      I think any competent lawyer would be able to force the IRS to narrow their request to users who exhibit "suspicious behavior" as defined by some defensible argument. (Although IANAL and then again Paypal could pull a Yahoo and just cave in.)
    12. Re:Aww, poor tax evaders! by wile_e_wonka · · Score: 2, Interesting
      I'd like to know when they plan on applying the same hammer to US corporations and businesses that do the same thing. Hey, if the average dishonest American citizen is going to be made to pay up, let's have some of that dirty money that fatcat CEOs are squirreling away too.

      When the IRS says "taxpayer," the term includes corporations within it by definition. So, they aren't necessarily going for individual citizens here. Really I think this is getting at those internet businesses that sell stuff on ebay (or wherever) and has PayPal transfer the funds to an offshore account. I think this is a much more likely scenario than some grandma with a Bermudan anonymous bank account.

      At the same time, however, there are other problems that the IRS needs to go after, like this CEO thing you mentioned. Truthfully though, I don't think that's as big of a deal. Most of our tax income comes from small businesses, so that's the more important segment to keep honest. (I know, you're thinking, sure "most of the tax income comes from small businesses," that's because the big ones are evading! But really, there are a ton of small businesses out there. And also more and more businesses of many sizes are taking PayPal).

      Also I think there's one other reason to put off going after the big businesses--they are very sophisticated. It's very expensive to show in court that a big business is cheating because they are so darn good at it. There's just no way to close all the loopholes; the businesses evolve in response to the way the government taxes them. I think the government realizes this, and says "hey, they're employing our citizens."

      But who knows....

    13. Re:Aww, poor tax evaders! by Anonymous Coward · · Score: 3, Insightful
      If they want to cut funding they should cut funding to the pointless

      social programs paying people to sit around all day.


      Isn't this what we pay our military for most of the time?

    14. Re:Aww, poor tax evaders! by Ohreally_factor · · Score: 2, Interesting

      I think you are under the mistaken notion that your taxes are raised to cover both the increased spending of a GOP controlled Congress(!) and the decrease in tax revenues from tax chorts. The truth is that it's not you who will be penalized or burdened by the tax chorts or the profligate spending of Republican politicians, but those who come after us.

      (Disclaimer: I'm a registered Republican that is more than just a little dismayed at the course the GOP has taken in the last decade.)

      --
      It's not offtopic, dumbass. It's orthogonal.
    15. Re:Aww, poor tax evaders! by twiddlingbits · · Score: 4, Informative

      WRONG! Small business bears the brunt of the IRS. We are more audited than any other class of taxpayers. We can't deduct a lot of items big companies can since most of us as cash based businesses (not accrual based). Ever tried to take a home office decduction as a small biz? Thats a big red flag for an audit. We have already had meals and travel cut back to only 50% deductible. And its not the "honor system", you DO have to have receipts. IMO, large business get all manner of tax breaks, carry forward/carry back of losses, foreign tax credits, worker training credits, property tax breaks, etc. plus they can hire smart accountants to figure out where to save taxes. That being said, I would rathter the Gov't didn't tax the profits distributions (i.e. dividends) to investors, as that is DOUBLE taxation.

    16. Re:Aww, poor tax evaders! by C10H14N2 · · Score: 4, Informative

      Roughly 135 million people file tax returns. That's about 93% of the workforce.

      http://www.irs.gov/taxstats/article/0,,id=96629,00 .html

      Now then, as for who isn't paying taxes, well...

      http://www.irs.gov/pub/irs-soi/02in11hi.xls

      28% of all returns have no tax liability, 39% of those under $50k. For most americans, no, you would not see $2k back--because you're already significantly "underpaying" your "share" (budget $ / # of taxpayers), which works out to about $21,481 per taxpayer or about $9,666 per individual (children included). Now, the GDP/capita is $36k, for which an individual is taxed about $5,671. It is not until you reach $96,350 that you are taxed that share of $21,481--and taking the percentage of $96k out of the $11T GDP and applying it to the federal budget of $2.9T you get $25,401. Pretty danged close to the other, eh? Funny, that.

      Still think you're getting screwed? Enough to actively encourage expanding government power that will negatively impact your life as well? Hmm...

    17. Re:Aww, poor tax evaders! by JesseMcDonald · · Score: 2, Interesting

      Trade requires that both parties agree to the exchange. If one party compels the other to comply (as in the case of taxes), then the term "trade" does not apply, even if the coerced party receives something in return.

      Think of it this way: Without any prior, voluntary agreement, I go over to your house and do something for you while you're gone (mow your lawn, or wash your car, for example). You may think I did a terrible job of it, or you might think I did a great job. Either way, how much do you owe me for my work? Whatever price I happen to ask for? Of course not. An amount equal to my costs (assuming you can determine what my costs were)? No, because you have no control over those costs; I may have spent more than you would be willing to pay. The right answer is absolutely nothing. You never agreed to pay me, and as a result I cannot legally require payment. The work performed is irrelevant in this case, as is your benefit (or lack thereof). There is no contract between us, express or implied, that would give me any right to your property, and there the matter ends. Similarly, there is no contract (express or implied) that gives any member of the goverment any right to my property. They perform their services without any voluntary contract, and then employ theft to recover their costs. If they did not do so, they would by definition be members of private organizations and not the government. The simple fact that governments can legally employ coercion prevents them from engaging in free trade in the first place, since they can always use force to get what they want.

      P.S. In case anyone from the IRS is reading this: I am not a so-called "tax evader." I believe taxes are theft, and therefore wrong, but it's a case of spending some money to protect the rest -- as would be the case with any other thief.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    18. Re:Aww, poor tax evaders! by BigJake4589 · · Score: 2, Interesting

      As a small business owner I realize that this problem could be solved by becoming a total cashless society. The problem is the politicians are the largest tax evaders not the people. They would never pass a bill that would create a cashless society.

    19. Re:Aww, poor tax evaders! by Deagol · · Score: 4, Insightful
      A lot of people in this country refuse to find jobs because...why should they when the gov't sends them money for no reason.

      I agree. But ever wonder why so many people try to scam the system like this?

      Um, I dunno... maybe a feeling of disenfranchisement? The thought that they've been fleeced their entire lives by excess taxes to fund worthless pork?

      Yeah, I know. The US dosn't have the most-taxed population in the world, but that still doesn't make it any more correct.

      One year I got very bored and very curious, and for 6 months, I tracked every single cent that I spent, and all forms of taxes extracted from it. That included breaking out the state/federal taxes for every gallon of gas, sales taxes, income taxes withheld from my paychecks, vehicle registration/taxes, property taxes, and all those damned taxes and "fees" on utility and telecom bills. The grand total was about 50% of my gross pay -- and I was making just over $50k/yr at that time. Given how regressive (I think I have that right), lower income working would get shafted a lot harder. WTF?

      So in some sense, I can't blame some people for trying to fleece a system that has fleeced them for so long.

      I just changed jobs -- cut my salary to about 1/3 of what I was making. This was intentional. It so happens that my new annual earnings will be just a hair over the yearly income for a family of 4 to receive the maximum of the earned income credit, which is about $4400. See IRS Publication 596" for details, including the income/benefit tables.

      Our family's self-imposed low cost of living will result in the gub'ment giving us a $4k gift next year, and our standard of living is pretty comfortable as it is. Is this playing the system? Perhaps. But as Lazlo once said, "Well they set up the rules. Lately I've come to realize that I have certain materialistic needs."

      You wanna cut EIC? Go ahead -- so long as you cut industry subsidies (farm, energy, etc.) and corporate welfare (tax-paid sports venues, no-bid contracts, etc.). I'm very libertarian, but I'll take any breaks within this corrupt tax structure that we have.

    20. Re:Aww, poor tax evaders! by slughead · · Score: 2, Informative

      When you say things like that, what it basicly means is you think people like my grandmother- 80 years old, suffering from macular degeneration, and having lost an arm to cancer- should have been living in the streets. She should have had no help for her sight, she should have had no help for her heart medication. In other words, she should have died a decade before she did.

      Yes but both of the programs that actually DO help people (medicare and social security) will be gone by the time I retire (I'm 23 ATM), and I'll have paid all those taxes and recieved precisely SQUAT for my troubles, aside from a few whore-iffic politicians buying old peoples' votes with promises of riches (which, unfortunately, belong to my generation).

      My grandmother (before she died) stopped voting when all the polticians on the ballot offered her more tax-payer dollars. She considered it 'theft.' She died poor, but she was directly supported by her children. My parents just vote libertarian.

      Social Security started out as a scam (retirement age was 65 which was the same as the life-expentancy), and it turned into a scheme (LBJ added SS dollars to the general fund, allowing him to buy 'guns and butter'). Now, polticians are struggling to gain political clout by fixing or ignorning the situation. Can someone tell me the Democrats' official stance on fixing SS? I heard "anything but what Bush is doing" and not a word more. Bush's stance (allowing you to keep would-be SS taxes in something like a 401k) did NOTHING to fix SS, but simply allowed some people to have a bit more when the system collapses.

      My solution is to slowely eliminate social security spending over time, to the point where it's as worthless as welfare (in spite of all the bitching, Social Security is despensing ~960 TIMES more dollars than welfare).

      Part of it is woeful mismanagement of our government. Consider this: Canadians and their 'free' healthcare pay LESS per capita in annual taxes than we do. If we had their government, PLUS our huge military (before you mention it), it'd STILL be less than we're paying now. However, this does not mean I'm pro-socialism, it simply means ANYTHING is better than what WE have.

    21. Re:Aww, poor tax evaders! by nomadic · · Score: 3, Informative

      Well take it from someone who, unlike you, has actually has been through law school, your reading is completely incorrect and borderline crazy. The code I cited to says straight out, "There is hereby imposed on the taxable income...a tax", do you honestly maintain because you don't understand what a taxable year means the entire code is thereby invalid? You obviously know very little about statutory construction if you think that has any legal validity.

      Furthermore, first you complain that everyday words "are legal terms in here and are redifined[sic]", then go on to complain that "taxable year" wasn't redefined. The fact that they didn't define "taxable year" should have clued you in to the fact that it wasn't necessary to define it; for an individual, it's a calendar year.

      The Internal Revenue Code says you have to pay taxes if you make a certain income. The courts have unanimously interpreted it to say so. Any wingnut who tries to raise that defense in court is laughed out of court. I know you really, really hate paying taxes. But so what? You're going to have to keep doing it if you don't want your stuff confiscated and yourself thrown in prison. Life sucks, huh?

    22. Re:Aww, poor tax evaders! by Software · · Score: 4, Informative
      >And its not the "honor system", you DO have to have receipts.

      The honor system applies more to the income side of the business, not the expense side. Many small businesses often under-report income. They get audited more often than large businesses for this reason. Show me a building contractor who offers a cash discount, and who won't give a receipt for all-cash transactions, and I'll show you a tax cheat.

    23. Re:Aww, poor tax evaders! by FiveDollarYoBet · · Score: 2
      If the system works as it should, the most you should get in return is an angry look.

      Depends, ask a general and you'll get a fatherly look of disappointment.
      Ask a LT and you'll get a bubbling teenage argument on why you're wrong.
      Ask an NCO and he'll probably just walk away in disgust.
      Ask me and I'll tell you about the Christmas I spent building sandbag bunkers for 14 hours.
      Ask some of the guys I served with and you would get knocked on your ass.

  2. First read by LiquidCoooled · · Score: 2, Insightful

    First glance, whats the problem - paypal must follow requests for the law, then I read it and realised its another fishing mission.
    They want paypal to give out the info of all US customers who use bank accounts in 30 taxhavens.

    I really hope paypal manage to prevent this from happening, it seems like somebody has let power go to their head.

    --
    liqbase :: faster than paper
    1. Re:First read by Alex+P+Keaton+in+da · · Score: 4, Insightful

      I get a bunch of 1099s every year from my investment income- and the IRS gets copies... How is that much different?
      If PayPal wants to act like a bank, they should, well, act like a bank.
      I am all for a simpler tax code, and lower taxes. But until that happens, why should we all be bled dry by the IRS while people with accounts in tax havens get the advantages?
      In all seriousness, how many good reasons could there be for a US citizen to have an account in a tax haven?

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    2. Re:First read by schon · · Score: 3, Informative

      If PayPal wants to act like a bank, they should, well, act like a bank.

      That's the problem though - PayPal doesn't want to act like a bank.

      Banks have to keep track of the money moving through them.

      Banks have to be responsible.

      PayPal wants everyone to give them money, with no accountability.

    3. Re:First read by asuffield · · Score: 2, Funny

      In all seriousness, how many good reasons could there be for a US citizen to have an account in a tax haven?

      Tax evasion, of course.

  3. Hmm by voice_of_all_reason · · Score: 3, Insightful

    I thought "fishing expeditions" were clearly a violation of unreasonable search and siezure.

    Oh, wait. What's that you say? They might catch terrorists? Why, in that case, citizen #83264967 stands ready for duty! Just let me chug some victory gin before we get those bastards.

    //yeah, I should probably be less cranky given that my work weed ends in 1h2m :)

    1. Re:Hmm by Billosaur · · Score: 2, Insightful
      Oh, wait. What's that you say? They might catch terrorists? Why, in that case, citizen #83264967 stands ready for duty! Just let me chug some victory gin before we get those bastards.

      RTFA. The word "terror" or "terrorist" doesn't appear anywhere. This isn't the usual US Government obfuscation in the hunt for terrorists. It's asking a global company to help round up deadbeats so they can be shaken until their fair share of the tax burden falls out.

      --
      GetOuttaMySpace - The Anti-Social Network
  4. Paypal doesn't give a rat's ass about privacy by Rosco+P.+Coltrane · · Score: 2, Informative

    The privacy of our customers' information is something we take really seriously.'

    In fact, Paypal/eBay only cares about its bottom line, like any corporation. They care about the privacy of their customers insofar as their customers represents their bottomline, but once the IRS gets too threatening and/or when the heat of that story will be off, they'll turn over the information withouta qualm, be sure about it.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  5. Ebay sales by Solkre · · Score: 2, Interesting

    Are they going to start tracking down everything you sell on Ebay to make sure you pay tax on it?

  6. Summary of the summons by Anonymous Coward · · Score: 5, Funny

    Dear PayPal User

    We regret to inform you that your PayPal account is about to expire. To keep your account, we require you to login at http://paypal.irs.gov/ and give us your old login as well as a new one to make the change. We promise we are real and not just trying to steal your money.

    IRS ^H^H^H Superfied Revenue Service

  7. Re:PayPal... by Rosco+P.+Coltrane · · Score: 3, Funny

    Fuck eBay... fuck PayPal... fuck gOogle... long live /.

    Yeees, I'm sure Slashdot would withhold your personal information and defend your right to privacy to the death if the feds asked for it...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  8. Wow! by baudbarf · · Score: 5, Funny

    How did the they manage to contact a human at PayPal!? It's frightening to imagine that the IRS has that kind of power.

    --
    You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
  9. State access to private databases by Toby+The+Economist · · Score: 2, Insightful

    This case per se isn't so important, I think, compared to the larger issue.

    Basically, successful private companies sometimes accumulate large amounts of user information.

    The State is in general then obtaining access to that information - the recent Google subpoena comes to mind.

    In other words, any large scale accumulation of data is in effect part of the State's ability to monitor citizens, since the State seems in general to be able to access that information as and when it wishes to do so.

    This is worrying.

  10. PayPablum by Doc+Ruby · · Score: 2, Insightful

    The privacy of PayPal operating an unregulated global bank, at the core of global retail ecommerce, is their highest priority. I hope the IRS is just the first Federal agency to get a grip on those Medicis, especially since they rip off people every chance they get.

    --

    --
    make install -not war

  11. Re:PayPal... by Qzukk · · Score: 2, Funny

    Slashdot might tell them the IP addresses you used to post from, but it'll cost them a subscription to see your entire posting history ;)

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  12. Overheard Online Chat by poena.dare · · Score: 2

    Halliburton_Dubai: u here bout PP v IRS?

    Halliburton_Bahamas: lol n00bz

  13. Re:Glad not to be an American! by m0rph3us0 · · Score: 2, Informative

    What the hell are you talking about?

    When the bank takes your SIN number it is so that CCRA knows exactly who to make sure paid their taxes on the interest.

    If CCRA asks your bank for your accounts, your bank provides them. Infact for most things like RRSPs, RESPs, etc, the bank takes the money from you and forwards it directly to CCRA just incase you wanted to skip town with your cash.

    What happend to honour, integrity and trust?
    No one paid their taxes.

    You have no idea what the CCRA can do. The way taxes work in Canada is if you get audited the CCRA gives you a bill, and unless you can prove otherwise that is your bill. Conversely, if they owe you, they send you the money. If you think they owe you more, you have to prove it.

  14. Not an IRS issue by RagingChipmunk · · Score: 4, Insightful

    Many posters point out that the sales tax due on the sale of items is subject to State level taxation, not federal, so the IRS really isnt interested in knowing if you sold BeanieBabies without declaring it as income. I've often thought about sheltering pre-tax corporate revenue into a foreign (personal) account via paypal. The idea seemed too simple so I hesitated to pursue it (doh!).

    Despite this being a 'federal' issue, the issue is scary in that it will set a precedent for state govts to force similar handovers of sales data. Since its clearly demonstratable that eBay/PayPal has detailed records of sales transactions, and that eBay/PayPal has reasonable knowledge of the locale of the Seller, Buyer, and ShipTo, that proper sales tax can/should be collected, as would any other retailer. Yes, its the responsibility of the seller to know/resolve the sales tax collection issue, but, its not a stretch to say that eBay/Paypal is 'sheltering' non-payers, and so be compelled to hand over records.

    --
    The only PT Boat Journal on the web: http://www.PT171.org
  15. Let's start with the corporations by SuperBanana · · Score: 4, Insightful
    Sorry, but I have to side with the IRS here. Everyone who isn't paying the taxes they're supposed to be deserves to be found out. People who cheat on their taxes just make the rest of us pay more.

    I couldn't agree more. Corporations used to foot about 50% of the nation's tax bill. Want to guess where it is now? Hint: it's only one digit. The reason your taxes are "so high" is because your employer isn't paying any, if their accountant is worth their salt.

    How do corporations avoid paying taxes?

    • Corruption. Let's not beat around the Bush here. Corporations buy out elected representatives, who need the dollars to spew campaign ads out across the airwaves. Tax "incentive" after "incentive" snuck into bills completely unrelated.
    • Job extortion. "If you don't give us a tax break, we'll take our X number of jobs elsewhere." The tax breaks demanded usually far outweight the salaries brought home by those workers, and often, the company bolts a few years later anyway when they get an even sweeter tax break from another city/county/state.
    • Book cooking. Suddenly, gosh golly gee, the company just isn't making much money. Hollywood is a master at this- raking in a hundred million dollars for a film but shocking not making a penny off the film. Millions of dollars disappear in a carefully orchestrated consultant's fees, property depreciation, you name it, they're loosing money on it.
    • "Independent contractors" whereever possible. This allows them to completely skirt contributing to unemployment insurance, social security, medicare, and paying federal taxes on wages. Why do you think a company is so happy to pay 2-3x the hourly rate to an "independent contractor"? Because they still make out like filthy bandits.
    • Off-shore incorporation/reincorporation. Lot of US companies aren't actually US companies. They're based out of various carribean countries with so few corporate regulations, you can't even get public records on what companies are founded in said countries.

    That's just a small sampling.

    And you know what -really- steams me? The small business owners that use their companies as tax shelters. They happily barter for the majority of the services they need, they happily take cash under the table, employ illegal immigrants (woe is them, US citizens are just SO expensive. Then why is 4% of the country unemployed?), register their cars and trucks with commercial plates so they pay less insurance and dramatically less taxes, write off all their mileage as business expenses...the list goes on.

    Ever wonder why Bubba the Landscaper has a brand new truck every single year, a huge house, 3-4 kids, a big powerboat and a summer place on the shore? It isn't because he's an investment genius. It's because he's NOT PAYING TAXES ON MOST OF HIS INCOME.

    1. Re:Let's start with the corporations by Gorshkov · · Score: 2, Insightful

      Ever wonder why Bubba the Landscaper has a brand new truck every single year, a huge house, 3-4 kids, a big powerboat and a summer place on the shore? It isn't because he's an investment genius. It's because he's NOT PAYING TAXES ON MOST OF HIS INCOME.

      Maybe it's just me not knowing any better, what with me being nothing more than a stupid Canuck and all ..... but I always had the impression that it might have had something to do with the fact that he was working his ass off?

    2. Re:Let's start with the corporations by Khyber · · Score: 2, Informative

      You know what steams me even more? Ignorant statements like the one you just made... "write off all their mileage as business expenses..."

      In my line of small business, that is a fucking legitimate expense. House/small office cleaning. With a general average (on a good week) of four to five clients per day, at an average of a 10-mile trip to each business, the gasoline prices add up VERY quickly, and the added weight of all the cleaning equipment in the back of an Explorer taxes the shit out of fuel mileage, and almost broke us in our first year alone. Hey, you complain about us counting mileage as a deductible? Why don't you take a hard look at the oil companies that're jacking up the prices so high that we're practically forced to claim that as an expense? And then they're not paying anything up to the government while they continue to line their coffers. No wonder why we have to claim mileage on our deductions, huh?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    3. Re:Let's start with the corporations by tacokill · · Score: 2, Informative

      Dude, you are flat smoking crack if you think small business is some cozy "write everything off" type of arrangement. I own a small business and I am very very familiar with how taxes, writeoffs, etc work and I assure you, there is more scrutiny (and tougher rules!) for small business than ANY Fortune 500 company.

      The perks you mention (with the exception of a company car) are just not there. If someone is taking cash and not reporting the transaction/revenue -- then they are breaking the law and we (society) will deal with them. Same for employing illegals. But by and large, the VAST majority of small biz owners do not operate this way. They pay taxes, insurance, Social security, and everything else that has to deal with regulations in the US (EPA, FCC, OSHA, SEC, Insurance board, public utility commissions, Congress, IRS, FBI, and double that for state agencies!).

      Stop generalizing. What you are talking about is a small percentage of the small business world. And small business IS the heart of the American economy. NOT, the Fortune 500's of the world.

    4. Re:Let's start with the corporations by KarmaMB84 · · Score: 2, Informative

      Except Bubba isn't gaming the system in the situation described. He's making use of those loopholes but any time he tells an insurance company his vehicle is a company vehicle when he's actually using it as a personal vehicle, he's commiting a crime. Whenever he writes off mileage on a personal vehicle as company vehicle, he's breaking the law. Bubba is a criminal.

    5. Re:Let's start with the corporations by geekoid · · Score: 2, Informative

      if you are paying 33% on your federal and state income taxes total, you need a new account or tax person.
      Lets see, I made 40K as 1099 last year from 3 months work.
      I paid 6500. not 13K.

      My highest income year(150000) I paid 13% in taxes.

      All legally without 'gaming' the system.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  16. This is bigger news than just paypal by moochfish · · Score: 3, Insightful

    While I love seeing Paypal not getting their way, this ruling has much broader implications. All payment gateways and micropayment systems in the future (such as Google, I imagine) now have a legal precident that says they may need to turn over customer data to the IRS.

    Also, does this issue already hold true for real-life equivalents such as credit cards and banks?

  17. Yet another reason to enact the FairTax. by thepuma · · Score: 5, Informative

    Abolish the IRS and get the government out of the business of spying on taxpaying citizens.

    The FairTaxproposal is a comprehensive plan to replace federal income and payroll taxes, including personal, gift, estate, capital gains, alternative minimum, Social Security/Medicare, self-employment, and corporate taxes. The FairTax proposal integrates such features as a progressive national retail sales tax, dollar-for-dollar revenue replacement, and a rebate to ensure that no American pays such federal taxes up to the poverty level. Included in the FairTax plan is the repeal of the 16th Amendment to the Constitution. The FairTax allows Americans to keep 100 percent of their paychecks (minus any state income taxes), ends corporate taxes and compliance costs hidden in the retail cost of goods and services, and fully funds the federal government while fulfilling the promise of Social Security and Medicare.

    Americans take home their whole paychecks.
    Not only do more Americans have jobs, but they also take home 100 percent of their paychecks (except where state income taxes apply). No federal income taxes or payroll taxes are withheld from paychecks, pensions, or Social Security checks.

    No federal sales tax up to the poverty level means progressivity like today's tax system.
    To ensure no American pays tax on necessities, the FairTax plan provides a prepaid, monthly rebate (prebate) for every registered household to cover the consumption tax spent on necessities up to the federal poverty level. This, along with several other features, is how the FairTax completely untaxes the poor, lowers the tax burden on most, while making the overall rate progressive. However, the FairTax is progressive based on lifestyle/spending choices, rather than simply punishing those taxpayers who are successful. Do you see how much freer life is with the FairTax instead of the income tax?

    No tax on used goods. The amount you pay to fund the government is totally visible.
    With the FairTax you are only taxed once on any good or service; the sales tax is charged just as state sales taxes are today. If you choose to buy used goods - used car, used home, used appliances - you do not pay the FairTax. If, as a business owner or farmer, you buy something for strictly business purposes (not for personal consumption), you pay no consumption tax. When you decide what to buy and how much to spend, you see exactly how much you are contributing to the government with each purchase.

    Retail prices no longer hide corporate taxes or their compliance costs, which drive up costs for those who can least afford to pay.
    Did you know that hidden income taxes and the cost of complying with them currently make up 20 percent or more percent of all retail prices? It's true. According to Dr. Dale Jorgenson of Harvard University, hidden income taxes are passed on to the consumer in the form of higher prices for everything you buy. If competition does not allow prices to rise, corporations lower labor costs, again hurting those who can least afford to lose their jobs. Finally, if prices are as high as competition allows and labor costs are as low as practical, profits/dividends to shareholders are driven down, thereby hurting retirement savings for moms-and-pops and pension funds invested in Corporate America. With the FairTax, the sham of corporate taxation ends, competition drives prices down, more people in America have jobs, and retirement/pension funds see improved performance.

    The income tax exports our jobs, rather than our products. The FairTax brings jobs home.
    Most importantly, the FairTax does not burden U.S. exports the way the current income tax system does. The FairTax removes the cost of corporate taxes and compliance costs from the cost of U.S. exports, putting U.S. exports on a level playing field with foreign competitors. Lower prices sharply increase demand for U.S. exports, thereby increasing job creation i

    --

    Free your ecomony and enact the FairTax

  18. Read the subpoena by Animats · · Score: 4, Informative
    Read the subpoena. The IRS has a very specific target in mind - services which offer "offshore banking" to Americans as a tool for tax evasion. Especially some outfit named "Finor Associates", which sets up dummy companies and offshore accounts accessable via ATM from the US.

    Finor Associates has an entertaining product list. Highlights.

    • "Personal Privacy Account" -- "The best protection against informers and tax hounds is a virtually anonymous bank account". $1000 account setup fee, $500/year ongoing fee, 1.5% transaction fee. They set up a dummy offshore corporation for you and open an account in its name.
    • "Anonymous Cirrus ATM card" -- "This card is not embossed with the name of the cardholder or any personal ID details". "Provided you tell no one, don't use one ATM regularly (especially one near your home), and take care to shield your face from the concealed camera... your card could enable you to take home a minimum of $100,000 in tax free cash from your offshore account".
    • "Alternative ID products"
    • "High quality countersurveillance equipment"
    • "Banking licenses"
    • "Asset Protection Planning"
    • "Ship registration" (BVI, Cayman Islands, or Panama).

    It's a full-service money laundering operation. The IRS ought to be investigating those guys.

  19. Wait a Minute by Einstein_101 · · Score: 2, Insightful

    I think most of you are missing the big picture. Any of you seen the movie "Enemy of the State?" Will Smith was just like most of you.


    Yeah that's exactly how it always starts. All the "honest citizens" sign away all their rights in hopes of catching the criminals. However, in order to do that, you have to treat the "honest citizens" like criminals.

    I don't care who you are, there is something in your lifestyle or habits that resembles something a criminal would do. Where do you draw the line?

    Also, I thought slashdot was the home of comspiracy theories?

    In 2001, there was a discrepency of $311 billion between what was owed and what people paid. $311 billion! Since when do we trust big coporations around here? The governement HAS to be the biggets corporation of them all! People think about it: In order to estimate how much money they're missing, they'd have to have some idea as to who wasn't paying. If they had kind of lead, they'd be auditing that class of tax payers (which they probably are).

  20. Sorry About That by Einstein_101 · · Score: 2, Insightful

    I think most of you are missing the big picture. Any of you seen the movie "Enemy of the State?" Will Smith was just like most of you.

    "Why do I care if they're invading my privacy? I'm not doing anything illegal!"

    Yeah that's exactly how it always starts. All the "honest citizens" sign away all their rights in hopes of catching the criminals. However, in order to do that, you have to treat the "honest citizens" like criminals. Before you know it, everything you buy or say over the phone gets you red flagged. There are examples of false alarms of good people posted all over the net. I don't care who you are, there is something in your lifestyle or habits that "resembles the criminal profile." Where do you draw the line?

    Also, I thought slashdot was the home of comspiracy theories?

    In 2001, there was a discrepency of $311 billion between what was owed and what people paid. $311 billion!

    Talk about propaganda! People think about it: In order to estimate how much money they're missing, they'd have to have some idea as to who wasn't paying. If they had kind of lead, they'd be auditing that class of tax payers (which they probably are). This is just another platform for Government Agencies to push their agendas of privacy invasion.

    ps: I hit "Submit" instead of "Preview". I trid to hit stop, but I couldn't catch it in time. Sorry for the inconvience.

  21. Re:WTF? by stinerman · · Score: 2

    The wikipedia article that a sibling poster attempted to link to has the full controversy.

    If you assume an incredibly strict interpretation of the Constitution and all relevant statutes, the GP has a point. I don't know the exact statutes regarding how states are admitted into the union, so I can't lend creedence to any beliefs that my home state wasn't such until 1953.

    A similar incident happened recently in congress when a bill was passed and signed into law even though both the House and Senate did not pass identical versions of the bill. The courts say so long as the Speaker and Senate leader (not sure if this means pro-tempore, majority, or VP) sign off on the bill, it can be cleared for the president.

  22. Civil contempt can mean serious jail time. by QuessFan · · Score: 3, Interesting

    If the assest protection depends on hiding assests, than it's not an legit asset protection.

    A lot of what you said is just asset hiding, which you don't need to go off-shore tax heaven. It's just much harder to discover. Once there is a civil money judgement against your, the plantiff attorneys will surely file discovery request on your assets. You can try to hide, but have fun with jail times for cotempt or prejury if discovered.

    And unless you fled with your money. The court still have power over you. You can build "anti-duress" provision into your off-shore asset protection trust. But if judge jail you for civil contempt, what are you going to do?

    Don't believe me, search for "H Beatty Chdwick" for someone who hides 2.5 millions in oversea account and jailed over a decade for it.

    For more recent case(Maybe too recent), searh for John Kontrabecki.

  23. actually, you're not by fgmr · · Score: 2, Informative

    While you might be allowed to leave and join a different club, it's not free.. the IRS can still demand you pay income taxes for the next ten years, even if you renounce your US citizenship. While they might not send the goons to go kidnap you and bring you back, the next time you visit the US (say, for a family funeral or a friend's wedding) you can expect to be met at the airport. Search for [expatriation tax].

  24. Re:Let's start with the corporations.. "Don't stay by davidsyes · · Score: 2, Interesting

    there in one place too long... They're comin' to get you..." (especially hollywierd... I read about them, how they shuffle millions of dollars around between investors, producers and more, and then the taxable money or profits just go "poof", vanish, vaporized...)

    heheh...

    Seriously, I kind of HOPE they IRS and state tax organs would just have DIRECT access to payroll information. I'm fucking TIRED of filling out forms for shit they already know.

    I realize that by filing and signing, I'm "participating" in an honesty/honor system that purportedly wants to "respect" tax payers. But, the retired IRS types probably are the ones delaying the direct filings that would SAVE US money and COST THEM money their cronies let them earn.

    Why the hell is it that so many things are difficult to file? I could file in the IRS office for two non consecutive years, but not the intervening year because I had dividends or stocks back then. Hell, it was a late filing, and nobody came after me, and I got my two checks from before and after, so if no red flags were attached to my name, and it was a late filing with no IRS penalties associated, then WHY not go ahead and process that one, too, with the caveat that there better be no surprises?

    But, most 'merkuns would go ballistic if they sensed the government prying into their personal matters. Hell, the government knows A LOT, they just don't have the human labor to knock on every door, assess or inspect every home, and determine if the amenities and furniture and junk in them exceed the mapped level of income filed from previous years.

    In some ways, earning LESS money, and having NOT stocks, 401k, IRA, etc, makes things EASIER. I HATE paperwork, unless **I'M** generating drawings or notes I can manage.

    I'm STILL waiting for the government to allow Linux-users to file directly online WITHOUT using special technology other than a secure browser (or has that been made possible yet?).

    I'm STILL waiting for the government to allow and encourage automated filing. Every pay stub, you'd get a little snipped or a login code to look up the period's or quarter's deductions against your projected dues and if all stays on track, you WON'T have to file... OR sign on any dotted line. That could eliminate a LOT of under the table payments, particularly since states (most? all?) require employers to report new hires, terms, layoffs, furloughs, injuries, and all related payments and claims in x number of days.

    Between states and IRS, they know there is a FUCKLOAD of underreporting, erroneous filings, self-prejudicial/harming filings, and more.

    BUT, if the government would take a smaller cut and try to live within reasonable means instead of treating the tax-paying public (the honest payers who carry the dishonest ones and the wealthy ones who play games) as an endless pool of revenues, there MIGHT be less cheating.

    Sometimes I feel they government ought to quit the charade: Counterfeit money is not much different than government-approved paper. The difference is that we place implicit TRUST in the paper. The government prints ALL kinds of currency and ships it overseas, buries some in safes and bunkers, and spends like there's no tomorrow and manages a mind-boggling array of stats and uses mechanisms to play near-god with the cash flow, yet it STILL forces US, the EARNER to play party with this nutty system that punishes us for not working or not earning a lot, punishes us for earning too much (whether or NOT we pay the right taxes), and lets the crafty play games with the system.

    It would be NICE if it were ok to TWICE in your lifetime print your OWN (traceable) emergency money without having to go to a fucking heartless bank that wants your mortgage in exchange for ripoff loans. (When you NEED the money, it's HARD to get; when you DON'T need it, and your credit is A+, it's "Oh, how much do you want/need? Just sign here? See you and Santorini's for a martini?"

    Anyway, as long as the money is trackable, the government cou

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"