Tax

Tax law is the complex body of law that governs how taxes are imposed by the government onto citizens and non-citizens. A tax is defined as a tariff on economic transactions by individuals and corporations. This tariff can be imposed at the federal level, by states, or even by local communities, and is used to fund the government and allow for the provision of government services such as schools and parks. At the federal level, taxes are codified in the Internal Revenue Code, which is updated regularly. Although income taxes are the most widely recognized form of taxes imposed by the government, other common taxes include property taxes, sales taxes, corporate taxes and taxes on the transfer of wealth and assets such as the capital gains tax, estate tax, and gift tax.

Income Taxes

Income tax is the tax that individuals pay the government on the income and wages that they earn every year. These taxes are taken out on a monthly or biweekly basis from an individual’s paycheck in the form of payroll taxes. At the end of the year, these payroll taxes are reconciled with an individual’s overall income, as well as applicable deductions and tax credits, through the filing of an income tax return.  Income and payroll taxes are paid to the federal government, but may also be due at the state and local level as well.  While most individuals pay taxes through the normal federal income tax structure, certain individuals may find that they are subject to the alternative minimum tax.

In addition to individuals, many corporations are also required to pay income taxes on the profit that they receive. This is paid in the form of a corporate tax for most traditional corporations. Certain corporate structures, such as the S corporation, allow profits to “pass through” the corporation and avoid corporate taxation; these entities are taxed through the owners who include the corporate taxes when they file their personal tax returns.

Taxes on the Transfer of Wealth

Whenever money or assets are transferred from one individual to another, the federal government and state governments may be entitled to a portion of that transfer. This can happen when the asset is transferred as a gift while an individual is still alive, and thus subject to the gift tax, or when the asset is transferred after death and subject to the estate tax.  Finally, when certain assets are sold for a profit, such as stocks or a home, individuals must also pay capital gains tax on the appreciation they receive on these items.

Taxes on Goods and Services

Finally, both state and federal governments impose taxes on the sale and ownership of certain products such as goods and property.  Many of these taxes are common throughout our society and a part of our daily lives. For instance, when we purchase items in a store, we typically pay a sales tax that is used to support local governments and fund public initiatives.  Sometimes, included within the price of that good is an additional excise tax, which is a tax imposed on only certain categories of goods, such as cigarettes.  Local governments also receive a great deal of funding from property taxes, which are taxes that property owners, as opposed to users, must pay based on the calculated value of their property.

Featured CasesFeed

DocketsFeed

LegislationFeed

RegulationsFeed

  • Proposed Rule - Fractions Rule November 23, 2016 This document contains proposed regulations relating to the application of section 514(c)(9)(E) of the Internal Revenue Code (Code) to partnerships that hold debt-financed real property and have one or more (but not all) qualified tax-exempt…
  • Notice - Proposed Collection; Comment Request for Form 8453-R November 21, 2016 The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information…
  • Notice - Proposed Collection; Comment Request for Regulation Project November 21, 2016 The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information…
  • Rule - Liabilities Recognized as Recourse Partnership Liabilities Under Section 752; Correction November 17, 2016 This document contains corrections to final and temporary regulations (TD 9788) that were published in the Federal Register on Wednesday, October 5, 2016 (81 FR 69282). The final and temporary regulations provide rules concerning how liabilities are…
  • Notice - Proposed Collection; Comment Request for Revenue Procedure 2004-19 November 17, 2016 The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information…

ArticlesFeed

NewsFeed

BlogsFeed

  • Thankfully Repetitive November 24, 2016 It has been said that love is something that can be shared without diminishing what remains to be shared again. The same can be said about expressions of gratitude. Saying "Thank you!" to someone doesn't reduce the number of people to which that…
  • Equity, the Judicial Power, and the Problem of the National Injunction November 24, 2016 Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction (2016), available at SSRN. Kevin C. Walsh Samuel Bray's newest article tackles a topic of serious concern. The national injunction is an injunction against the enforcement of a…
  • Thanksgiving 2016 November 23, 2016 This Thanksgiving, I intend to think about all the things for which I'm grateful, but beyond that, I intend to commit myself to acting to preserve those things. I'm thankful for the First Amendment ("Congress shall make no law respecting an…
  • "Not So Fast" – Federal Judge Grants Injunction Against Overtime Regulation November 23, 2016 On Tuesday, November 22, a Federal District Court Judge in Texas granted a nationwide preliminary injunction against an Obama administration regulation, which sought to expand the eligibility of millions of workers for overtime pay.The regulation was…
  • S Corporations & the NonFiler November 23, 2016 A very common situation for a non-filer is an S corporation that has not filed in a number of years. To activate the corporation and put it in good standing can involve substantial fees. First, a taxpayer will have to pay substantial franchise tax