answersLogoWhite

0


Best Answer

State Income Tax is an extension of the Federal Income Tax. The ability to collect a State income tax requires that the Indirect Excise Taxable event has occurred within the borders of such State with an income tax and that there is federally adjusted gross income. ** See my other responses on what is the income tax to understand the nature of the income tax **

State income taxes are not separate from the Federal income tax, but are merely an extension of the federal tax where otherwise federal income tax liability exists, the State collects a share, that's it.

User Avatar

Wiki User

8y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

15y ago

It is a tax imposed by an individual state like New York or California.

The tax works like the federal income tax in that it imposes a tax on income such as wages, rents, interest, dividends, royalties, investment income, etc. (Not all state tax all types of income and don't necessarily tax the same types of income as the federal government.) A state may tax income earned by its residents anywhere in the world. A state may also tax income earned by non-residents from sources within its borders.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

State income tax is an EXTENSION of the Federal Income tax: With that in mind....

The 16th amendment is a moot point. All it did was to confirm Congress' taxing power concerning income tax as an indirect tax!

Income Tax is an INDIRECT tax. It is NOT a direct tax as others here have suggested. 2 US Supreme Court Cases in 1916 settled this very question. They are:

BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)

AND

STANTON v. BALTIC MINING CO, 240 U.S. 103 (1916)

The Court said specifically in the Stanton case the following:

" it manifestly disregards the fact that by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirecttaxation to which it inherently belonged, "

And as a side note, most tax professionals do NOT read the law to determine who is liable for the tax. Most tax professionals read IRS publications and just ASSUME anyone who makes money now owes an Income Tax.

IRS Publications are sort of like "New Letters" put out by the IRS to the tax industry, including mostly ALL CPA's and Tax "Professionals". The IRS has a manual available on their website which any one can go read. Here's what THEIR OWN manual says about their own publications:

4.10.7.2.8 (01-01-2006)

IRS Publications

"IRS Publications explain the law in plain language for taxpayers and their advisors. They typically highlight changes in the law, provide examples illustrating Service positions, and include worksheets. Publications are nonbinding on the Service and do not necessarily cover all positions for a given issue. While a good source of general information, publications should not be cited to sustain a position."

The IRS has plainly stated in their OWN manual that Publications are NOT to be cited to sustain positions about the LAW even though that is what all tax professionals do anyway. This is because IRS publications and pamphlets are NOT the law. The IRS has already vindicated themselves from people who WRONGLY use publications like law.

So hopefully this has gotten you on the proper path to actually understanding what the "Income Tax" actually is and especially what it ISN'T!

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

An income tax is usually a progressive tax, whereby people who make more (and have more disposable income, and more ability to pay), pay higher rates. An exception is the payroll tax, which funds Medicare and Social Security, and is assessed at a flat rate of 12.6% (half payed by your employer) for income under $113,000. The payroll tax, since it is actually payed at a higher rate by people with lower incomes, is known as a regressive tax.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

The 16th amendment is a moot point. All it did was to confirm Congress' taxing power concerning income tax as an indirect tax!

Income Tax is an INDIRECT tax. It is NOT a direct tax as others here have suggested. 2 US Supreme Court Cases in 1916 settled this very question. They are:

BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)

AND

STANTON v. BALTIC MINING CO, 240 U.S. 103 (1916)

The Court said specifically in the Stanton case the following:

" it manifestly disregards the fact that by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirecttaxation to which it inherently belonged, "

And as a side note, most tax professionals do NOT read the law to determine who is liable for the tax. Most tax professionals read IRS publications and just ASSUME anyone who makes money now owes an Income Tax.

IRS Publications are sort of like "New Letters" put out by the IRS to the tax industry, including mostly ALL CPA's and Tax "Professionals". The IRS has a manual available on their website which any one can go read. Here's what THEIR OWN manual says about their own publications:

4.10.7.2.8 (01-01-2006)

IRS Publications

"IRS Publications explain the law in plain language for taxpayers and their advisors. They typically highlight changes in the law, provide examples illustrating Service positions, and include worksheets. Publications are nonbinding on the Service and do not necessarily cover all positions for a given issue. While a good source of general information, publications should not be cited to sustain a position."

The IRS has plainly stated in their OWN manual that Publications are NOT to be cited to sustain positions about the LAW even though that is what all tax professionals do anyway. This is because IRS publications and pamphlets are NOT the law. The IRS has already vindicated themselves from people who WRONGLY use publications like law.

So hopefully this has gotten you on the proper path to actually understanding what the "Income Tax" actually is and especially what it ISN'T!

This answer is:
User Avatar

User Avatar

Wiki User

14y ago

Direct

This answer is:
User Avatar

User Avatar

Anonymous

Lvl 1
3y ago

progressive tax

This answer is:
User Avatar

User Avatar

Anonymous

Lvl 1
3y ago

direct

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What type of a tax is income tax?
Write your answer...
Submit
Still have questions?
magnify glass
imp