Austin City Council Votes to Force Ridesharing Services Out of Town

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Posted by Dennis Cakert on Thursday, February 11th, 2016, 5:36 PM PERMALINK

Moments ago, Austin City Council voted to reject a ridesharing initiative supported by over 65,000 citizens. The initiative is now scheduled for a public vote on May 7th.  

The vote is a slap in the face to local organizations Austin Music People, ATX Safer Streets and The Old Austin Neighborhood Association who spearheaded opposition to a hostile ordinance passed in December that would chase ridesharing services out of town.

The December ordinance requires all ridesharing drivers to submit fingerprint background checks to the FBI and carry a company logo on their personal vehicles. It also imposes a one percent revenue tax on ridesharing services and an additional one percent revenue tax if they fail to meet certain safety standards. Uber and Lyft said these rules are inhospitable and plan to leave the city if they are enacted.

Not wanting to lose a coveted means of transportation, petitioners gathered well over the required 20,000 signatures to demand city council consider their initiative. The petitioner’s ordinance prohibits fingerprinting drivers, limits fees to one percent and does not require drivers to put company logos on their personal vehicles.

Austin City Council’s rejection of the grassroots petition now puts the ordinance to a city wide vote on May 7th. The city will redirect $800,000 worth of taxpayer dollars away from other funds to cover the cost of the special election. 

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The U.S. Senate Voted to Permanently Ban Internet Access Taxes

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Posted by Michael Eyerman on Thursday, February 11th, 2016, 5:22 PM PERMALINK

The U.S. Senate has overwhelmingly voted to permanently ban Internet Access Taxes. The prohibition was included in a larger customs bill that passed with a vote of 75-20. Now, the bill and the internet access tax ban will be sent to President Obama for his signature.

The Internet Tax Freedom Forever Act ensures that Americans’ internet access will never be taxed by state or local governments. Since 1998 the ban has been reauthorized over half-a-dozen times.

By voting today to permanently ban internet access taxes, Congress has ensured that Americans all around the country can have access to broadband internet without a fear of burdensome prices.

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ATR Commends the Florida Senate on Civil Asset Forfeiture Reform

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Posted by Krista Chavez on Thursday, February 11th, 2016, 4:59 PM PERMALINK

Florida Senate Bill 1044 passed the Senate Judiciary Committee today with a 5-2 vote today. The proposal would attempt to fix Florida’s lax civil asset forfeiture rules in favor of stricter protections for property rights and due process. State law enforcement receives close to $20 million per year in confiscations through asset forfeiture thanks in part to some of the weakest protections against arbitrary forfeiture in the nation. Currently, agencies are not required to report the amount of assets seized leading to a blurred system that violates citizens’ rights.

Under the new law, law enforcement would be required to have a conviction of a crime and proof that the property in question was connected to the crime for assets to be seized. The legislature should now take up forfeiture reform and take their place among the states willing to put their residents first.

Read the full endorsement below:

Dear Chairman Diaz,

State legislatures across America have been changing their laws concerning the controversial practice of “civil asset forfeiture.” Now, Florida has an opportunity to be a national standard-bearer on due process protections. Americans for Tax Reform is proud to endorse SB 1044—a bipartisan bill that would secure the property rights of Floridians from arbitrary seizures from overzealous authorities.

Florida has some of the weakest protections for property in the nation—leading to a staggering $20 million per year in confiscations through asset forfeiture. Since agencies are not required to report the actual amount of assets seized, the full amount is unclear.

This is unacceptable.

Agencies should not have the ability to fund themselves by confiscating the property of innocent individuals. The founders established Fifth Amendment due process protections for this very reason.

Civil asset forfeiture is the kind of system which undermines the trust between hardworking law enforcement and their communities. By leaving the door open to arbitrary abuse, mutual trust between communities and the men and women tasked to protect them is compromised. In a country based on the rule of law, no one should fear that they could be deprived of their property without the opportunity to defend themselves.

Furthermore, the perverse incentive created by civil forfeiture encourages law enforcement to profiteer from the communities rather than fight crime as they were meant to do.

Senate Bill 1044, written by senators Jeff Brandes, Joe Negron, and Jeff Clemens allows for asset forfeiture but under the necessary conditions required to protect the rights of the innocent. The new law would require both a conviction of a crime and proof that the property in question was connected to the crime for assets to be seized and appropriated.

I encourage the both the committee and the legislature to support SB 1044. Civil asset forfeiture was an old idea poorly implemented and damaging to both police departments and communities. With this legislation, Florida can be considered a national leader in due process and civil rights. If you have any questions, please contact ATR’s criminal justice manager Jorge Marin at


Grover G. Norquist                                                    


Americans for Tax Reform      

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Free Trade Agreements Should Promote Strong IP Protections

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Posted by Alexander Hendrie on Thursday, February 11th, 2016, 3:00 PM PERMALINK

Last week, U.S. Trade Representative Michael Froman signed the Trans-Pacific Partnership trade agreement, a largely symbolic act that is just one step on the long road toward ultimate approval of the agreement by Congress. While free trade is ultimately a good, there are several alarming provisions in the agreement that must be fixed as Congress continues considering the TPP.

For one, the weak biopharmaceutical intellectual property protections could create a global economy where property rights do not receive the sufficient protection. In its current form, the agreement grants biopharmaceuticals just five years of exclusivity, far below the 12 years that the U.S. grants.

This 12 year figure is not one plucked out of thin air, but was legislated by Congress following careful consideration of the extensive development costs associated with medicines.

It costs researchers an average of $2.6 billion and over ten years to take a new medicine through the pre-approval period.  And the costs don’t end there. The countless regulations and mandates in the post-approval periods cost over $20 billion every year.

Despite these steep costs, strong IP protections allow the U.S to remain a leader in innovative new medicines. In 2014 alone, pharmaceutical firms spent over $51 billion on research, while over 50 new drugs entered the market. But in order to maintain this rate of innovation, companies are faced with a delicate balance to ensure they are able to finance new research and development.

Ensuring IP rights are promoted and protected should not be solely a U.S. interest, because it will benefit all TPP partners.  

IP allows local, innovators to flourish by putting them on equal footing with foreign industries and ensuring they receive just reward for any creation. With more innovation & competition, everyone gains.

Indeed, free trade is a positive force as it eliminating barriers to global commerce through removing discriminatory tariffs, trade quotas, and regulations.This means less money taken by foreign governments out of the pockets of American workers and business owners. And it means more competition and access to more products at lower prices for consumers across the country.

But regrettably, there are several provisions in the TPP that go in the opposite direction – they create new burdensome regulations that restrict innovation, competition, and the free market by imposing new costs on business.

Another problem with the pacific trade deal is a provision excluding tobacco producers from access to investor-state dispute settlement (ISDS), a procedure that allows investors to seek arbitration and redress in a neutral court if a country is not meeting internationally agreed-upon and binding trade rules.

Opposition to this “carve-out,” as it is known, should not correspond to approval for smoking or tobacco.  This provision is needlessly discriminatory and should be removed because it creates the precedent for adding new regulations in an agreement that is supposed to be about going in the opposite direction.

Similarly, a provision removing the financial services from restrictions on forced data localization could hit U.S. interest hard. At worse, the provision will drastically reduce the ability of the industry to safeguard vital, sensitive data, while imposing unnecessary costs on American business.

Finally, while the agreement contains weak protections for IP, the aggressive labor regulations could very well increase the costs of trade, and hurt U.S. jobs and businesses.

Although the TPP is not the perfect free trade agreement, the fundamentals of the deal are good. It contains as many as 18,000 tax cuts on American exports, and over the next decade, will cut $15 billion in tariffs, which will significantly reduce government interference in international commerce.

This will lead to striking benefits for American families and businesses. In fact, the Peterson Institute for International Economics estimates the agreement could lead to as much as $131 billion in annual increased income through 2030, and increase annual exports by $357 billion.

The bottom line is that this agreement is too good an opportunity to pass up. But before this agreement is passed by Congress, it must be fixed.



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Cam Newton Takes a Tax Sack After the Super Bowl

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Posted by Sarah Feldpausch on Thursday, February 11th, 2016, 2:26 PM PERMALINK

As the Super Bowl weekend excitement fades and the Panthers have left California with a loss, at least one player takes a second hit. Since out-of-state athletes are levied with the ‘Jock Tax’, Cam Newton will pay $101,360 on his bonus of $51,000- effectively making his loss one championship ring and roughly $50,000. That’s a bad day.

The importance of understanding marginal tax rates and average tax rates plays into this seemingly odd mess for Cam Newton but also relates to the average taxpayer who travels for work and must comply with the heavy federal and state tax burdens. Let’s break it down.

Here’s an example from Dan Mitchell at the Cato Institute: Picture a taxpayer who earns $50,000 and pays $10,000 in tax. From this, we know the taxpayer’s average rate is 20%.

Consider these three simple scenarios with different marginal tax rates:

· Tax system A (Head tax)-$10,000 annual charge on all taxpayers. Under this system, our taxpayer gives the IRS $10,000 of his $50,000 income- making his average tax rate 20%. But what if he earns more than that? Any addition income over the first 10,000 will not be taxed. His marginal tax rate= 0%. In this scenario, the tax system does not discourage additional economic activity.

· Tax system B (Flat Tax)- flat rate of 20% on every dollar of income. Under this system, our taxpayer pays a 20% tax on every dollar of the $50,000 he made. Anything additional money made would still be taxed 20%.  His marginal tax rate= 20%. In this scenario, the tax system imposes a modest penalty on additional money earned.

· Tax system C (Personal exemption)- $40,000 personal exemption + 100% tax rate on all income over that level. Under this system, our taxpayer pays $10,000 of tax on $50,000 of income- average tax rate= 20%. His marginal tax rate= 100%. In this scenario, the tax system would destroy incentives for any additional money earned.

Back to Newton:

The marginal tax rate matters when evaluating tax systems and its effects. In Newton’s case, the Golden State tax system taxes out-of-state athletes by how many days they spend there and their earnings in addition to their total yearly income. The state is taxing Cam’s entire annual income based on the number of days he has worked in the state (Duty Days).

Being a professional athlete, he must play by the ‘Jock Tax’ rules and is taxed based on his yearly income.  To understand this tax, apply a duty day calculation.

Duty Days within the State      X     Player’s Salary

Total Duty Days of the Year      

There are about 206 total duty days during 2016 for the Panthers, which includes preseason, regular season, playoffs, and organized team activities, (Newton must attend or is fined $500,000). Seven of those days will be in California for the Super Bowl- making those days liable for the burden of California’s out-of-state athlete tax in addition to taxation on his entire income.

So while Cam Newton may have an average tax of 13.3% on his earnings in California, after the Super Bowl loss, Newton ‘won’ $51,000 and his net gain was taxed $101,360 for a marginal tax rate of 198.8%!

While Newton is not your average employee, the real lesson to be learned here is that higher federal and state tax burdens can have a huge impact on employees in jobs that require travel. What about the athletic trainers that followed the Super Bowl to California? What about the referees that worked in the state for a number of days? It is important to understand the implications of an average tax versus a marginal tax as the latter determines the undue burden on the taxpayer. 

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ATR Supports Civil Asset Forfeiture Legislation in Maryland

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Posted by Krista Chavez on Thursday, February 11th, 2016, 11:00 AM PERMALINK

Last month, Maryland passed legislation to improve the state’s due process protections against the controversial practice of civil asset forfeiture. Now the Maryland State Senate is considering a new proposal to prohibit state law enforcement from Maryland State Senator Michael J. Hough (R).

Senator Hough presented S.B. 161 in the Judicial Proceedings committee on Thursday along with Sens. Jamie Raskin (D) and Bobby Zirkin (D). It would require criminal conviction and proof that the seized property was connected to the crime committed. The proposed reform also improves reporting standards of forfeited assets. 

Click here for the full endorsement, excerpt below:

"Dear Chairman Vallario,

State leaders from New Mexico, to Michigan, to North Carolina have been rolling back the confiscatory practice known as “civil asset forfeiture.” Now, Maryland is set to become a national standard in property rights protection. Americans for Tax Reform is proud to endorse SB 161—a bipartisan bill designed to ensure the protection of Fifth Amendment Rights for Marylanders...

"Civil asset forfeiture, like the overcriminalization of normal every-day activities and the use of excessive fines and fees casts a shadow of our nation’s police. The sad truth is that by leaving the door open to arbitrary abuse, the trust between communities and the men and women tasked to protect them is eroded. There is simply no justification for relying on men and women who have not been convicted of a crime to either fund the government or simply give up their property without proof of guilt...

"I encourage the both the committee and the legislature to support SB 161. Civil asset forfeiture was an old idea poorly implemented and damaging to both police departments and communities. With this legislation, Maryland can be considered a national leader in due process and civil rights. If you have any questions, please contact ATR’s criminal justice manager Jorge Marin at"                                           

-Grover G. Norquist, President of Americans for Tax Reform

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Rep. Emmer's CREATE Jobs Act Will Ensure Competitive U.S. Tax Rates

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Posted by Alexander Hendrie on Thursday, February 11th, 2016, 10:01 AM PERMALINK

Earlier this week, Congressman Tom Emmer (R-MN) introduced H.R. 4518, the Corporate Rate Equality and Trade Empowerment (CREATE) Jobs Act. This innovative legislation will reform the corporate tax rate and allow the U.S. to better compete in the global economy. ATR urges all members of Congress to support and co-sponsor Rep. Emmer’s bill.

Currently, the U.S. corporate rate is the highest amongst the 34 country Organisation for Economic Development (OECD). At 39 percent, it far exceeds the OECD average rate of 25 percent, and is even further behind developed countries like Ireland, Canada, and the U.K. which have rates of 20 percent or less.

The CREATE Jobs act would fix this by reducing the U.S. corporate rate to five points below the OECD average and creating a process by which the U.S. rate is regularly reviewed to ensure economic competitiveness.

The legislation does this by creating a mechanism that ties the corporate rate to five points below the OECD average. Every five years, the corporate rate is reviewed, and in the event that other developed countries have further reduced their corporate rate, the U.S. rate is automatically reduced to five points below the new average. However, in order to protect American workers and businesses, this mechanism requires a vote of Congress if an increase in the OECD average would increase the U.S. rate.

The current high U.S. rate not only hurts American competitiveness, it has real world implications for the economy. For one, this high rate, when combined with the outdated worldwide system employed by the U.S. is the key reason corporate inversions occur.

In addition, as much as 75 percent of the cost of the corporate tax rate is passed on to labor. As a result, bringing the rate below the OECD average would have strong and immediate effects. A 20 percent U.S. corporate rate could create more than 600,000 jobs, increase GDP by 3.3 percent, and increase wages by 2.8 percent over the long-term, according to the Tax Foundation. 

By creating a system that creates a competitive corporate tax rate, Rep. Emmer’s CREATE Jobs Act ensures that the U.S. again becomes a leader in the global economy and it stays there. Members of Congress should support and pass H.R. 4518 to help provide a much needed booster shot to the economy. 

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John Garceau

How can we be sure the tax subsidy translates to jobs? Knowing Rep Emmer this is just another corporate handout.

Marketplace Fairness Act Will Sprinkle on More Taxes

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Posted by Cecelia Mitchell on Wednesday, February 10th, 2016, 5:28 PM PERMALINK

Yesterday the Wall Street Journal posted a blog on how some Dunkin’ Donuts in New York and New Jersey have been caught charging customers with unnecessary sales tax. Some Dunkin’ Donuts in New Jersey added on a 7% sales tax and some in New York added on an 8.875% sales tax on the purchase of packaged coffee and bottled water sold at the store. The issue with adding a sales tax to these items is that both New York and New Jersey have state laws exempting packaged coffee and bottled water from sales tax.

A couple overcharged customers decided to take action against this unnecessary tax imposed on them and are suing the parent company of Dunkin’ Donuts in both states.

Apparently the Dunkin’ Donuts that were applying the unwarranted sales tax were owned and operated by individual franchisees. The owners of the franchised Dunkin’ Donut stores should have been aware of the state laws governing their operation and should have complied with the taxation specifications exempting packaged coffee and bottled water from sales tax.

If so much confusion happened while getting a cup of Joe at some local Dunkin’ Donuts, then image how much confusion would happen if lawmakers started imposing sales taxes onto online purchases from small business.

The issue of consumers suffering from excess sales tax due to confusion of individual sellers mirrors the issues presented by the Marketplace Fairness Act, which would have placed extreme regulatory burdens on small businesses that operate online.

 The Act would have forced small online retailers to become tax collectors for states by making them to comply with over 10,000 complicated tax codes, including 45 state sales taxes and local tax jurisdictions.

To make matter worse, if small business became too overwhelmed and confused with these tax regulations imposed upon them and made an error in collecting taxes they would be forced to settle any disputes with out of state revenue boards in out of state courts, creating an even more complicated and burdensome situation.

If consumers were upset having to pay an extra tax because small business owners could not follow New York and New Jersey tax code, then imagine how angry consumers would be if small businesses in every state started making mistakes in tax collection and imposed unnecessary taxes on consumers out of pure confusion with the thousands of tax codes they are suddenly forced to comply with.

The Marketplace Fairness Act is still lurking in the wings.  The taxers and spenders on Capitol Hill are pushing hard to get this legislation through.  Governors want it so they can tax people that cannot vote for them.  Big Box stores want it to drive out their mom and pop competition by forcing them to deal with excessive paper work and regulatory threats from other states.   

If businesses physically in New York and New Jersey, who should be very familiar with their tax code exemptions for sales tax, were confused and couldn't get it right, it’s pretty clear that online sellers dealing with over 10,000 state and local tax jurisdictions would easily get confused. 

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Well said. The franchisees example is great.
Small business owners can expect to be hit by the auditeers... (Note: there are many unscrupulous auditing-services that are in the public and private sector),
The litigious...,
The CSP's... who may or may not provide the proper service in accordance with state requirements (even IF the state APIs and CSP softwares play nice), and the overall cost and setbacks to integrate software, hope it's supported w/o great additional expense...., and
Then of course learn to categorize products differently and pay employees for otherwise unproductive work...
Which all leads to a huge mountain for small business to climb and a hill for big retail to mow over.

Report Finds Half of Minnesota’s Obamacare Enrollees Were Ineligible for Program

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Posted by Sarah Feldpausch on Wednesday, February 10th, 2016, 5:10 PM PERMALINK

A recent auditor’s report examining Minnesota’s Obamacare exchange, known as MNsure, found the system was enrolling more than a hundred thousand Minnesotans who were ineligible for the program.

The report estimated as many as 132,140 individuals were not eligible for the program they had enrolled in and up to 107,870 individuals were not eligible for ANY program. The audit also estimated that there was an error rate of close to 50 percent, and the state may have overpaid up to $271 million over the five-month period that was analyzed by auditors.

The Office of the Legislative Auditor of Minnesota found that The Department of Human Services:

  • Failed to verify that people who enrolled in public health care programs through MNsure were eligible for those programs which prompted the department to overpay for healthcare benefits. The effective cost was nearly $11,000 just in January through May of 2015.


  • Failed to provide the county human service eligibility workers with sufficient training on MNsure. This generated incompetent workers likely to make errors in determining the enrollee eligibility status for public health programs.


  • Failed to resolve discrepancies with social security numbers, citizenship or immigration status, or household income that MNsure identified for further verification within the correct amount of time. This dramatically slowed enrollee application processes and furthered the risk of fraud


  • Paid Medical Assistance and MinnesotaCare benefits for enrollees whose incomes exceeded federal and state program limits. A sample portion of enrollees concluded almost 27% exceeded the income thresholds for the program in which they were enrolled. This resulted in an overpayment of $94,409 by the Department of Human Services.


  • Improperly used federal funds to pay for health care costs for MinnesotaCare enrollees age 65 and older. An estimated $1.2 million of federal funds were incorrectly allotted to age 65+ misclassified enrollees due to the system defect.


This black mark is not an isolated case when it comes to Minnesota’s Obamacare exchange. Enrollees in the state have faced a top premium increase of nearly 50%, according to recent data compiled by Freedom Works. Across the nation, enrollees in 34 states saw a top premium increases of 20% or more.

Alarmingly, Minnesota is not the only failed or failing Obamacare state exchange across the country. Exchanges in Oregon, Hawaii, Nevada, and New Mexico are costing taxpayers $733 million.

Of these, the most troubling is Oregon. The state’s $305 million exchange failed to work by the November 2013 deadline – or months later, and the system was soon shut down by then-Governor Kitzhaber, at an additional cost of $41 million in mostly federal funds.

Recently discovered emails suggest that the Cover Oregon debacle can trace its origins to the Governor’s partisan political advisors who closely managed the project and made the call to shut down the exchange in order to assist the Governor’s reelection campaign. It appears that Cover Oregon's infrastructure was close to 90 percent complete when this happened.

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Posted by Cecelia Mitchell on Wednesday, February 10th, 2016, 4:06 PM PERMALINK

Article Shared from Digital Liberty:

Federal Affairs Manager at Americans for Tax Reform and Executive Director of Digital Liberty Katie McAuliffe discusses why the Senate must pass legislation that bans Internet taxes forever in an Op-ed for The Daily Caller.

This week, Senators have the opportunity to stand up for Internet freedom and vote to keep the Internet Tax Freedom Forever (ITFFA) provision in the customs bill. A vote against ITFFA is a vote against the Internet.

In 1998, the Internet Tax Moratorium was enacted to ensure tax-free Internet access by preventing state and local governments from taxing Internet access or implementing discriminatory taxes on electronic commerce. Unfortunately, a few states were able to pass access taxes before the ban was enacted, and the ban is not permanent. Lawmakers reauthorized the Internet Tax Moratorium more than half-a-dozen times since its initial passage.”

McAuliffe goes on to explain how applying an Internet access tax when broadband Internet was first introduced into the market would have had disastrous effects.

“The consequences of imposing taxes on Internet access would have been detrimental to the adoption rate of broadband Internet access. To put it incredibly simply, tax on broadband Internet access increases the cost of consumer adoption. With an increased cost (particularly on an unfamiliar service) consumer demand stays low. However, lower costs lead to higher demand. Taxes on Internet access, as consumers moved to broadband, would have slowed the rate of “upgrade” adoption, which, in turn, would limit service providers’ ability to launch in and upgrade in different markets. Hence, broadband introduction into some markets would have been delayed.”

To read the full article click here

Fortunately for consumers and for the technological age Internet access has been kept tax free in most states allowing broadband access to spread to markets all over without consumers barring burdensome prices.

Now it is up to the Senate to recognize the necessity of keeping Internet access tax free by voting to make the ban on taxing Internet access permanent once and for all.

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