If you pay an illegal tax, you deserve to get your money back. There’s no good reason the state should keep money that rightfully belongs to taxpayers.

The Democrats in the Assembly Revenue and Taxation Committee disagree, and today they again blocked commonsense legislation to protect taxpayers. AB 867 (Wagner), which I sponsored, would have required the State of California to provide a full refund to all individuals who paid a tax later declared illegal or unconstitutional.

Currently, taxpayers are only eligible to receive refunds if they have exhausted all their administrative appeals remedies, even if the tax they paid is later declared illegal or unconstitutional.

AB 867, which was supported by taxpayer advocacy groups, would have required the state to automatically issue refunds to taxpayers whose information is up to date. It also would have opened up an additional appeals period of one year after a state tax is declared illegal or unconstitutional, giving taxpayers a chance to apply for the refunds they deserve.

Assemblyman… Read More

This spring thousands of business owners throughout California are receiving a welcome surprise in their mailbox. Rather than a notice of a new tax, fee or audit, they’re getting a check from the State Board of Equalization.

No, we’re not talking about annual income tax refunds from the Franchise Tax Board. These checks are marked “SECURITY REFUND” and represent a dramatic shift in how California’s elected tax board welcomes new businesses to our state.

Previously new corporations and LLCs were forced by the BOE to turn over anywhere from $2000 to $50,000 of their own money as security before they could make a single legal taxable sale. This “security” was held just in case a business might default on its taxes during its first three years of operation.

It was a uniquely California-style shake down. Rather than encourage new business start-ups, the government robbed them of the capital they needed to be successful, only to sit on it for three years before returning it.

I took a close look at the program and found it didn’t make sense for taxpayers or the state. Security was rarely applied, and staff time and energy were needlessly… Read More