WTF of the day: Nebraska tax on MARIJUANA

[Ns1]

Yes, I shit you not

http://www.revenue.ne.gov/info/5-185r2007.pdf

That's a $100 tax that you have to pay for purchasing illegal marijuana imported into Nebraska

I don't even know if Nebraska has a medical marijuana statute. But paying the tax "does not give you any immunity" for state OR federal charges

who the fuck would pay this?

 

[The Boston Dangler]

i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

 

[FoBoT]

i have posted before the IRS regulations about reporting illegal income, from burglary, bribes etc

this is the same, it is a way to stack charges on the criminals

 

[Gunslinger08]

It's just another charge they can bring against you, similar to the charges they tend to pile on in murder cases. It's all about the money.

 

[Ns1]

Originally posted by: FoBoT
i have posted before the IRS regulations about reporting illegal income, from burglary, bribes etc

this is the same, it is a way to stack charges on the criminals

I am aware of this. But who the fuck is going to actually voluntarily pay this?

the sample form is hilarious though.

 

[FoBoT]

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

 

[MrPickins]

Nebraska is bringing back the tax stamp?

I guess since buying them is supposedly confidential, it isn't considered unconstitutional lik e the 1937 act:

http://en.wikipedia.org/wiki/1937_Marihuana_Tax_Act

In 1969 in Leary v. United States, this act was found to be unconstitutional since it violated the Fifth Amendment, since a person seeking the tax stamp would have to incriminate him/herself.[4] In response the Congress passed the Controlled Substances Act as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970[5]. The 1937 Act was repealed by the 1970 Act.

 

[waggy]

Originally posted by: FoBoT
i have posted before the IRS regulations about reporting illegal income, from burglary, bribes etc

this is the same, it is a way to stack charges on the criminals

Yeap! i was going to post this.

 

[Ns1]

christ guys, I know the IRS likes to throw down tax evasion on all drug charges. I've just never seen a state publish something like this.

 

[BoomerD]

There has been a Federal "Marihuana" tax since 1937:
http://en.wikipedia.org/wiki/1937_Marihuana_Tax_Act
http://www.druglibrary.org/sch...hemp/taxact/taxact.htm

Just one more way they can go after drug dealers...

 

[MrPickins]

Originally posted by: BoomerD
There has been a Federal "Marihuana" tax since 1937:
http://en.wikipedia.org/wiki/1937_Marihuana_Tax_Act
http://www.druglibrary.org/sch...hemp/taxact/taxact.htm

Just one more way they can go after drug dealers...

See above. It was ruled unconstitutional.

That was the reason Nixon had to push for new FDA Schedule laws to "recriminalize" it.

 

[The Boston Dangler]

Originally posted by: FoBoT

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

what's wrong with my logic?

 

[eits]

haha when i read the title, i had a mental picture of a drug dealer selling weed to someone and then saying, "aight, dawg... dat be $20 fo' dat dimebag right dere.. wit tax, dat come to a total uh 21 dollas an' 20 cent."

 

[Ns1]

Originally posted by: The Boston Dangler

Originally posted by: FoBoT

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

what's wrong with my logic?

they're taxing you on income

department of revenue doesn't give a shit where it comes from, they just want a piece of it. where is the constitutional protection against that?

 

[BoomerD]

Originally posted by: MrPickins

Originally posted by: BoomerD
There has been a Federal "Marihuana" tax since 1937:
http://en.wikipedia.org/wiki/1937_Marihuana_Tax_Act
http://www.druglibrary.org/sch...hemp/taxact/taxact.htm

Just one more way they can go after drug dealers...

See above. It was ruled unconstitutional.

That was the reason Nixon had to push for new FDA Schedule laws to "recriminalize" it.

Damn, where do I file for a refund?

 

[jdoggg12]

Originally posted by: eits
haha when i read the title, i had a mental picture of a drug dealer selling weed to someone and then saying, "aight, dawg... dat be $20 fo' dat dimebag right dere.. wit tax, dat come to a total uh 21 dollas an' 20 cent."

hahahahahahaaha

me too.. too funny

 

[The Boston Dangler]

Originally posted by: NeuroSynapsis

Originally posted by: The Boston Dangler

Originally posted by: FoBoT

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

what's wrong with my logic?

they're taxing you on income

department of revenue doesn't give a shit where it comes from, they just want a piece of it. where is the constitutional protection against that?

no taxation without representation. if i was a lying, murdering, child molester, i would be all set.

 

[BrokenVisage]

Well.. the ridiculously futile War on Drugs has to justify its existence somehow while still finding ways to fund it. This is the best of both worlds for it AND a perfect example of how circular and idiotic the logic this "War" is based on really is.

 

[Rastus]

Utah has has a marijuana tax for 25 years. You can buy the stamps at the post office. I'm sure most of the sales have been to collectors.

 

[Fern]

Originally posted by: NeuroSynapsis

Originally posted by: The Boston Dangler

Originally posted by: FoBoT

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

what's wrong with my logic?

they're taxing you on income

department of revenue doesn't give a shit where it comes from, they just want a piece of it. where is the constitutional protection against that?

No, they are not taxing you on income. (Sorry to be get all technical and sh*t, It's just I happen to be a tax CPA ). An income tax must be based upon revenue generated, less associated expenses. Neither is taken into account here, merely the quantity. Also the tax is due even before the product is sold.

Nor is this a sales tax, for the simple reason no sales have taken place. Sales taxes are also determined by the sales price, here again not relevant.

This is an excise tax. Similar to a customs duty on imported items. These are typically based on quantity.

Unless the link supplied fail to give important info, I do expect a Constitutional challenge if someone with a large quantity is busted. I do not see an exception for drugs imported and expected to be later exported.

Earlier in the history of the US such excise were popular. States on the Eastern seaboard would charge such taxes on goods passing through them. If you lived in any Western state your imported producted tended to be rather expensive because of all the taxes from other states burdening them. This resulted in the Interstate Commerce Clause in the Constitution forbidding such taxation.

Otherwise, you all are correct. Just another way to hammer a criminal. Seems unneccesary to me.

Fern

 

[wkabel23]

Originally posted by: eits
haha when i read the title, i had a mental picture of a drug dealer selling weed to someone and then saying, "aight, dawg... dat be $20 fo' dat dimebag right dere.. wit tax, dat come to a total uh 21 dollas an' 20 cent."

JW, have you bought drugs from anyone that actually sounded like that?

 

[Ns1]

Originally posted by: Fern

Originally posted by: NeuroSynapsis

Originally posted by: The Boston Dangler

Originally posted by: FoBoT

Originally posted by: The Boston Dangler
i question the constitutionality (didn't expect to use that word today) of this tax. how can local, state or federal gov't tax something that's not legal?

dude, you're going to make me dig up the IRS thing, you have to report income from ALL sources to the IRS, including illegal sources like drug dealing. your logic in the above statement numbs my mind

what's wrong with my logic?

they're taxing you on income

department of revenue doesn't give a shit where it comes from, they just want a piece of it. where is the constitutional protection against that?

No, they are not taxing you on income. (Sorry to be get all technical and sh*t, It's just I happen to be a tax CPA ). An income tax must be based upon revenue generated, less associated expenses. Neither is taken into account here, merely the quantity. Also the tax is due even before the product is sold.

Nor is this a sales tax, for the simple reason no sales have taken place. Sales taxes are also determined by the sales price, here again not relevant.

This is an excise tax. Similar to a customs duty on imported items. These are typically based on quantity.

Unless the link supplied fail to give important info, I do expect a Constitutional challenge if someone with a large quantity is busted. I do not see an exception for drugs imported and expected to be later exported.

Earlier in the history of the US such excise were popular. States on the Eastern seaboard would charge such taxes on goods passing through them. If you lived in any Western state your imported producted tended to be rather expensive because of all the taxes from other states burdening them. This resulted in the Interstate Commerce Clause in the Constitution forbidding such taxation.

Otherwise, you all are correct. Just another way to hammer a criminal. Seems unneccesary to me.

Fern

"technically", I was responding to his comment about the IRS and not said Nebraska tax Although that was quite informative. Currently studying for my CPA exam right now, FAR can DIAF.

 

[OrganizedChaos]

do dealers have to collect a sales tax too?

 

[Ns1]

Originally posted by: OrganizedChaos
do dealers have to collect a sales tax too?

actually, in CA they do.


In February, the state Board of Equalization sent out a special notice to sellers of medical marijuana, urging them to obtain a seller's permit like any other retailer.

"If you sell medical marijuana, your sales in California are generally subject to tax and you are required to hold a seller's permit," according to the notice.

It goes on to warn sellers that "if you do not obtain a seller's permit or fail to report and pay the taxes due, you will be subject to interest and penalty charges."

 

[nakedfrog]

Originally posted by: wkabel23

Originally posted by: eits
haha when i read the title, i had a mental picture of a drug dealer selling weed to someone and then saying, "aight, dawg... dat be $20 fo' dat dimebag right dere.. wit tax, dat come to a total uh 21 dollas an' 20 cent."

JW, have you bought drugs from anyone that actually sounded like that?

You're asking him to admit to buying drugs?