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Our Low-Tech Tax Code
theodp writes "After establishing that nothing can excuse Joe Stack's murderous intentional plane crash into an IRS office, a NY Times Op-Ed explains the reference in Stack's suicide note to an obscure federal tax law — Section 1706 of the 1986 tax act — which the software engineer claimed declared him a 'criminal and non-citizen slave' and ruined his career. Interestingly, a decade-old NY Times article on Section 1706 pretty much agreed: 'The immediate effect of these [Section 1706] audits is to force individual programmers ... to abandon their dreams of getting rich off their high-technology skills.' Section 1706, the NYT Op-Ed concludes, 'is an example of how Congress enacted a discriminatory law that hurt thousands of technology consultants, their staffing firms and customers. And despite strong bipartisan efforts and unbiased studies supporting that law's repeal, it remains on the books.'"
Do you mean 'criminal and non-citizen slave'?
Or 'is an example of how Congress enacted a discriminatory law that hurt thousands of technology consultants, their staffing firms and customers. And despite strong bipartisan efforts and unbiased studies supporting that law's repeal, it remains on the books.'?
The gist of it is that the 1986 law withdrew a special exemption for high tech workers, along with a whole bunch of other tax shelters (the law is most hostile to individuals that work full time using resources provided by a company and with supervision from an employee of the company, while claiming that they are a corporation doing contract work for the company).
Nerd rage is the funniest rage.
Cost, lack of coverage for pre-existing conditions and in general the mess that is the US insurance industry.
That's not how I read the article. The law creates tax issues for individual programmers who incorporate: if your business has only one employee and is less than one year old, the IRS comes looking for you. And as a matter of policy, the IRS is harassing _the employers_ of such contracting companies. The result is to discourage individual programmers from incorporating on their own.
Partly due to the economic issues lately, I've had _a lot_ of recruiting companies trying to recruit me to leave my work and come help them earn their recruiting fees. It's taken me a lot to stop laughing, sadly, when they say how lucrative it is: salary equal to my current salary, but without benefits or vacation, unemployment, and on a "temp to perm" basis for a company that is already falling apart due to letting their qualified engineers go at the start of the crisis is not a good place to go. I've reviewed the potential for consulting, and while it makes sense for some, it's not the wonderful and economically sound decision that many recruiters would have you believe.
I'm not a tax attorney, but I do know a little about the situation. Here's a brief summary:
There's a lot of concern over how to classify workers as either "employees" or "independent contractors." Each has its own pros and cons, but in general, it's better for a company to consider its workers as contractors from a tax perspective. Because taxes are radically different based on how an employee is classified, a misclassification that is turned up by the IRS can be very expensive for a company. As such, there is a "safe harbor" which protects companies who have a reasonable basis in considering an employee to be an independent contractor.
There was a sense this was being abused in the technology industry in the 1980s, and as such, Congress amended the law. The amendment didn't change the classification system of employees versus independent contractors, but did remove the safe harbor. As such, companies became much more reticent to hire a worker as an independent contractor, because the penalty for getting it wrong was much more likely to be assessed.
I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
Substitue "Mohammed al-Mohammed" for "Joe Stack" and "Section 1706 of the 1986 tax act" with "United Nations General Assembly Resolution 46/86" and you'll see what you folks are all doing - you're making up excuses for a terrorist because he happens to share your political views. This guy was a fundamentalist libertarian terrorist.
I'm pretty left wing, but I lived through that insanity:
1. The IBM PC had just become a viable business computer
2. Firms had an incredible need for decent programmers
3. Decent programmers commanded pay 2-3 times what was then considered reasonable salary for a recent college grad (i.e. way outside corporate pay scales)
4. Firms had a hard time telling good vs bad programmers apart
so...
5. Firms hire programmers as consultants, pay them market wage, but have the ability to easily fire them by not renewing contracts
6. Programmers self incorporate because that is the only way firms are equipped to pay them
7. Programmers quickly realize that they can write off giant amounts of income as business expenses (travel, meals, home computers, video games, home office space, etc.)
then...
8. Law is passed to prevent this if basically:
a. You claim to be a sole proprietor, and
b. All your billing is coming from a single corporation (i.e. you are really an employee, not a consultant.)
IIRC, I avoided the law by forming a two person corporation with multiple billing streams.
Well, let's face it - Stack was a white American, so you can't drum up the "damn Islamic foreigners" angle.
Plus, he's demonstrated quite nicely just how pointless most airport security is these days. I'm pretty sure he didn't have to go through a full-body scanner, and yet once again a terrorist has managed to crash a plane into an office building.
Some random Arab kid screws up even *trying* to crash a plane, and it's news for weeks, with subsequent major overhauls of government practices and even the President getting involved. Some random white American SUCCESSFULLY crashes a plane, into a civilian target, and we get a brief mention one night. Double standards, what are those?
I was also disappointed that Slashdot didn't post anything at the time (at least, this is the first story I've seen). Guy was a computer programmer, so there's the nerd angle. Plus, this site has been obsessed with any story hinting of this since 9/11.
Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
Um, programmers, or anyone else CAN buy health care without their employers being part of the transaction. It's probably going to cost more because when we say that employers are "part of the transaction", that means they are paying for a large part of the transaction. There is no law that says you have to let them.
Um! Have you ever tried to purchase insurance for just you and your family? Cost aside, many insurance companies will NOT insure you. Why? Because the risk is there that you will use those benefits. Insurance companies expect that a certain number of employees will NOT use their benefits and generate enough profit to outweigh the expenses of those that do. And if you have ANY pre-exsisting conditions or you've ever smoked a cigarette in your lifetime, they will just flat out deny you any coverage no matter what the cost, as a matter of policy. If you do find some obscure insurance company that will cover you, you can bet your life (not just figuratively speaking) that it will cost you an amount much much more than an employee and his/her employer's contribution for that policy.
The other half of the equation is the $60m tax cut that was pushed by Senator Moynihan as a favor to IBM. You were clever and figured out a way to navigate the hurdle caused when congress had to find $60m to offset its favor to IBM (nice work BTW). The problem is, when there are a very few who can simply buy the laws they want via the legalized corruption of campaign donations, cleverness will not always be sufficient to overcome those hurdles.
What changed under Obama? Nothing Good
I don't need "sound bites" or political mumbo jumbo or statistics pulled out of my arse to make my decisions. The fact of the matter is that I experienced this exact situation in 1996/1997 when I became and independant contractor and tried to buy insurance for my wife, newly adopted daughter, and myself. Because my wife was a smoker and my sister was an epelectic, I was denied time after time. I couldn't even find a solo policy to cover my daughter. In the end, I paid for all of my daughters required doctor visits out of my own pocket without the assistance of insurance and went to work for "the man" immediately after completing the contract. NOTHING in my statement was a political view on the current health care system, it was simply stating the facts in response to the assumption that health care CAN be purchased by anyone.
"America has the highest overall quality health care" also not true. You have the best healthcare for the richest people in the world BUT that doesn't speak for overall healthcare. For overall healthcare you place just below costa rica, just above cuba.
But I was referring to the inherent shit of the setup not particularly the care you get when you are there. Most places in the world the system is this: you have healthcare. In the US it is incredibly complex, can result in huge legal troubles, shit tons of bureaucracy and changing jobs could result in you permenantly losing healthcare. (Rates can multiply by 10 when you change jobs due to conditions you get while working.) This type of setup can force people to essentially be slaves for their company since it is death if they switch. And that is just ONE possible example of complications. There are many more.
If i cut my hand badly I go: oh fuck I have to go to the hospital. In the states I go, oh fuck, is this covered? How much will my premiums rise? Is it worth the cost? I could probably be ok if i just kept it under pressure. Fuck, I shouldn't have quit my job last month. Do I think we'll come out of the recession fast enough or could I lose my house over this, maybe I can risk a thumb.
Things you shouldn't be thinking as your blood drains out of you and you risk your fingers going necrotic.
I assume you're referring to the cost... In every other aspect, America has the highest overall quality health care and is always at the bleeding edge of medical technology - electronic, methodic, and pharmaceutical. This is a statistically proven fact.
Really? And yet the World Health Organization has it ranked at a lowly 37. http://www.photius.com/rankings/healthranks.html
For all the tax-avoiding mental gymnastics many of the antitax crowd employ, and with how smart they think they are, you'd think a simple, straightforward solution such as what you did would be obvious. Some people just don't want to pay taxes.
You've made a mistake here. The anti-tax crowd aren't against paying their taxes. They don't want to have to go through any kind of "straightforward" gymnastics to avoid taxes. They just want the taxes to not be in the way to avoid.
Because of the complexity of the tax laws, we now have a new activity which somehow is frowned upon by everyone (and committed by nearly as many.). An activity which is not only perfectly legal, but also presumably encouraged. You've even advocated that activity right here, but for some reason there are people decrying "Tax Avoision."
Why not just not have that complexity. Have a tax code that's short enough for a single person to read completely through in less than 2000 hours of reading (leaving two weeks for actual work). Every section you can't read is a section you can't be sure doesn't apply to you. If you're on the hook for criminal liability for failing to adhere to "must" sections, then you must be able to read them. And that's not even counting the money you lose by not having time to find "may" sections.
Can you be Even More Awesome?!
More accurately, it is likely he had a house and a plane because he did not pay his taxes.
After paying for his legally required share of the two utterly ridiculous wars we are prosecuting, US bases all over the world, the cost of keeping an unprecedented number our citizens in jail, subsidies for businesses that otherwise would naturally fail... he might very well have been unable to purchase a house, much less an aircraft. 20% to 40% of one's income in your hands over the years (more, if you actually do the math*) makes for quite a difference in how you can approach purchasing big ticket items like homes and boats and so forth; and if in doing so, whether you ride the wheel of debt that has been arranged for us, or if you are able to actually make such purchases without incurring additional costs in interest.
It is well to keep in mind that like any enterprise that involves the legal system, trying to stand up for a position that the government finds itself in disagreement with - legitimately or otherwise - is also a hugely expensive undertaking, easily capable of bankrupting any person of average income. The presumption that you can fight city hall is false for most people. It's just another way to shipwreck your life.
Perhaps taxes are too high, and government too large, after all. I seem to recall that there are Americans who are looked upon as heroes because they fought against unreasonable tax policies. Is it fair to assume that each and every one of those we hold in such high regard perfectly managed their lives? This guy clearly could have made different decisions (no doubt most of them to his detriment), but would they have been "right", or merely compliant?
I could point out many historical examples of "law abiding citizens" that most certainly were not doing "right." To call this fellow an "idiot", as you do, is to attempt to wrap the whole event in a nutshell of disrespect that does not serve the interests of the dead IRS employees, the family Stack left behind, or, frankly, the rest of the nation.
It does, however, serve the needs of the government. An entity that is more in need of careful pruning than encouragement, in my opinion. I can't support Stack's action, because in the end, these people were neither his enemy nor the source of his problems. However, from where we stand today, it is history, and all I can do is hope that more people think about the problem, instead of assuming it is inevitable that we pay such huge amounts for "services" that primarily benefit other than the general population. Perhaps while they're at it, they'll think about how the government has stepped outside the boundaries defined for it by its formal authorizing mechanism.
After all, a government that is doing what it was actually authorized by its citizens to do is a lot less likely to incur the wrath of its citizens, thinking rationally and "acting rightly", or not.
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*note: The amount of your money that goes to taxes is the amount you actually pay directly, plus the amount paid by any first-party you do business with. For instance, if you pay a plumber $100 to fix your pipes, and the plumber is paying a 25% tax rate, then $25 of the $100 you gave the plumber goes directly to the same tax well that your direct taxes do. Here's the math. Let's say you and the plumber are both paying 25%. Then, you initially earned $133; the government taxed you 25%, which is $33.33, and now you have $100 left. Now you give that $100 to the plumber, who in turn has to give $25 of that income (25%) to the government. $75 of your $133 has arrived in the plumber's hands, actually paying for the plumbing work. Your actual tax rate here is 75/133 which is about 56% - not the 25% that it initially appears to be.
And the income of the plumber, w
I've fallen off your lawn, and I can't get up.
One thing everyone is forgetting about health insurance. They cheat. Insurance doesn't pay what they should, and they'll always have some excuse. They can outright deny your claims. More common is burying you in technicalities that somehow amount to them paying a good bit less than they ought while trying to convince you and the doctors that they've paid their share. Watch Sicko sometime, and try not to let any bias you may harbor about the director interfere with the message.
First thing you know is the hospital is hitting you with one of their fantasy bills for something you thought was covered. You think you're only on the hook for 10% of the 30% of the completely scandalous list price the insurance negotiated when they entered into an agreement with the doctors. But then they won't pay it. They give you and the hospital a load of crap about how some of the drugs and procedures aren't approved, the visit is classified in a certain way, the particular deductible hasn't been met yet. They've got a mile long list of excuses. Denied by insurance, the hospital has the gall to turn around and demand from you not just the 30% the insurance was supposed to pay, no, but the full 100%, because of course you don't have any such agreement with the hospital. Pretty big jump when your share of the bill changes from 3% to 100%. I've had the hospital harassing me with weekly calls and finally siccing a credit collection agency on me for a bill that the insurance bastards should have and finally did pay after much determined calling and calling and calling and waiting on hold and waiting while they "investigate" and waiting for supervisors and listening to them blame the hospital for entering incorrect codes (to which I replied that it was the insurance's fault if they'd made the system too complicated for the doctors to get right), and angrily refusing when they try to tell me I should just pay up and stop making trouble. Cost me a lot of time to straighten out just one-- so much time that maybe I could have earned as much or more money than what the insurance tried to cheat me out of. I have several others that look like they're never going to be paid. And they didn't surface until more than a year after the medical work was all done-- that's how long the hospital tried to get fully paid through the insurance. To be fair, the hospital shares a good bit of the blame for their outrageous billing practices, in particular, the miserable fee for service system with the completely insane rates that somehow can't be figured out in a timely fashion because they've got to pack it with every service they can. Decided I was through arguing about it all and am just letting the rest rot. Statute of limitations FTW!
You may even have to find a lawyer to threaten to sue the damned insurance company.
Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
No. In the 1770's, the government taxed imports for its operating funds. It did not tax income. It was not authorized to tax income, and if you had suggested that they should do so at the time, likely you would have been shot, hung, or worse. Here's how it actually went:
The federal income tax was first enacted in 1862 to pay for civil war expenses on the part of the Union. They subsequently eliminated it in 1872; turned around again and revived it in 1894; and then finally it was declared unconstitutional by the Supreme Court in 1895. Then in 1913, the 16th Amendment put income tax into the "authorized powers" category, and that's where we are today.
I've fallen off your lawn, and I can't get up.
I'm sorry, but I work for a company in the top 10 of the fortune 500 and with the economy the way it is I'll be _lucky_ to not be outsourced by the end of this year.
Job security in IT is _not_ joining a large company that is going to ship your job overseas the second they realize they will save 50%+ letting you and your staff go.
Going out on your own may not yield the best results up front, but once you get a somewhat stable client base you are basically secure.
In the world of outsourcing IT, keeping yourself visible and available is the way to go. Not locking yourself behind some corporate facade that will drop you first chance they get.
I'm pretty certain the Stack tragedy represents the outcome of some form of mental illness, not terrorism or a political statement. The jury is still out, but the rant seems kind of pointless.
OTOH, section 1706 has been a bone in my craw and the deep seat of a sincere grudge I hold very firmly. It was obviously a sop to IBM and when it emerged from reconciliation, also Cap Gemini and other large contracting organizations (at the time, AKA "body shops"). It was very obviously intended as an anti-competitive measure against people just like me. I have personally observed the negative influence of section 1706 on my business and career on more than a dozen occasions.
For the people who say "just work around it" - that's the point - it's another increment in the cost of doing business. Also it increases the risk to your customers - they have to verify you're not going to face them with an unforeseen tax liability. And so the whole market was modified to favor the large firms at the expense of entrepreneurship. And then there's the obvious begging hand of Congressional shakedown held out whenever someone tries to get the law changed to remove this double-dealing injustice.
Fucking Parasite Bastards. I'm sure I'm not the only one who feels this way. All these holier-than-thou pro-IRS bigots who holler "we're just following the law" or "We did our job fairly" need to consider the consequence of laying down to bed with tyranny. It isn't something which may be excused with happy talk and a smiley face!
No it can't. Many many people, including yours truly cannot buy health insurance for any price. I am healthy, no pre-existing conditions, and have money in the bank. I am also gray-haired and unemployed. They won't take my money and I've tried and tried.