It involves a grown man in a diaper.
Brass Taxes [via Jezebel]
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Legislation We Can All Get Behind: The BEER Act
Tax assassin Grover Norquist and Americans for Tax Reform have thrown their support behind some important legislation that was introduced to mark American Craft Brew Week – The Brewer’s Employment and Excise Relief Act of 2011 or BEER Act.
While we’re certain that Grover & Co. regularly quaff craft brews, ATR’s support is also grounded in fiscal policy. Here’s Grover in his letter to Senators Mike Crapo (R-WY) and John Kerry (D-MA), the sponsors of the bill:
The BEER Act would reduce from $7 to $3.50 the tax paid per barrel on the first 60,000 barrels produced by small brewers. This is estimated to generate $19.9 million in capital for small beer producers, an enormous resource to promote job growth in the craft brewing industry.
Currently, brewers large and small pay the same tax on any production over 60,000 barrels. Set at an astounding $18-a-barrel tax, this represents a crushing weight on small brewers. This onerous tax penalizes production and disincentivizes industry growth, unnecessarily handicapping an industry that provides 100,000 jobs in the United States alone.
Your bill addresses this discrepancy by lowering the excise tax from $18 to $16 per barrel for production from 60,000 barrels up to 2 million barrels. This will provide an estimated $27.1 million for craft brewers to create jobs and spur economic growth.
Now, you don’t have to be a craft brew fan (like me) and you don’t have live in a state that produces many of these craft brews (like me) to get behind something as common sense as this. Unless, of course, all you drink is Bud Light™, which just means you’re a loser with no taste.
Mayor Bloomberg Not Impressed with All This Buffett Rule Drama
“The Buffett thing is just theatrics. If Warren Buffett made his money from ordinary income rather than capital gains, his tax rate would be a lot higher than his secretary’s,” he said. “I think it’s not fair to say that wealthy people don’t pay their fair share. They pay a much higher percentage of their income, they have a higher rate than people who make less,” Bloomberg added. [CBS/AP]
Doing Penance for John Edwards’ Sins: Provision Could Hit “Skilled” S Corp Owners
Long before John Edwards became known as a well-coiffed skirt-chasing weasel, he was a well-coiffed successful trial lawyer. He was successful enough to afford good tax advice, so he conducted his law practice in an S corporation.
Back in the old days, professional practices were conducted as sole proprietorships or general partnerships, reportable as self-employment income, subject to the 15.3% self-employment tax up to the FICA base (currently $106,800), and to the 2.9% Medicare portion of the tax to infinity.
When state laws allowed professionals to incorporate, attorneys and accountants quickly noticed that income on S corporation K-1s is not subject to self-employment tax. This makes S corporations a popular way to run a professional practice. The professionals take a “reasonable” salary out of the business (subject to employer and employee FICA and Medicare tax) – enough to not raise IRS eyebrows – and take the rest out as S corporation distributions with no employment tax.
John Edwards did well by this. His law practice generated millions dollars of K-1 earnings in excess of his salary, saving him hundreds of thousands of dollars in payroll and self-employment tax.
Now that he has been reduced to a wealthy target of mockery, Congress is ready to crack down on the John Edwards S corporation tax shelter. The annual “extenders” bill has a provision – almost as absurd as Edwards love life – that will hit professional S corporation K-1 income with self-employment tax. The SE tax will apply when the “principal asset” of the S corporation is the “reputation and skill” of three or fewer professionals – defined for this purpose as “services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.”
Congress doesn’t muss its hair worrying about how taxpayers in multi-owner S corporations are supposed to figure out whether its “principal asset” is the “reputation and skill” of three or fewer owners. However it works, this provision is too late to hurt John Edwards — his reputation isn’t much of an asset anymore.
Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.