History A tax protester, in the United States, is a person who denies that he or she owes a tax based on the belief that the constitution, statutes, or regulations do not empower the government to impose, assess or collect the tax. The tax protester may have no dispute with how the government spends its revenue. This differentiates a tax protester from a America: Freedom to Fascism America: Freedom to Fascism is a 2006 film by Aaron Russo, which alleges among a variety of claims that income tax is illegal The Law that Never Was The Law That Never Was: The Fraud of the 16th Amendment and Personal Income Tax is a 1985 book by William J. Benson and Martin J. "Red" Beckman which claims that the Sixteenth Amendment to the United States Constitution, commonly known as the income tax amendment, was never properly ratified. In 2007, and again in 2009, Benson's Cheek v. United States Cheek v. United States, 498 U.S. 192 , was a case in which the United States Supreme Court held that a tax protester's belief that he was not violating the Federal tax law based on a misunderstanding caused by the complexity of the tax law itself—if a genuine, good faith, actually held belief—would be a valid defense to charges of tax evasion,

Notable tax protesters Irwin Schiff Irwin A. Schiff is a prominent figure in the tax protester movement. Schiff is known for writing and promoting literature that claims the United States income tax is applied incorrectly. He has lost several civil cases against the federal government and has a record of multiple convictions for various federal tax crimes. Schiff is serving a 13- Richard Michael Simkanin Richard Michael Simkanin is a tax protester serving a prison sentence after having been convicted on twenty-nine counts of United States federal tax crimes Robert Clarkson Robert Barnwell Clarkson was an American tax protester in South Carolina. Clarkson graduated in 1969 from Clemson University with a bachelor of arts degree in economics. He served as a platoon leader in the Vietnam War. Clarkson graduated from South Carolina Law School in 1974 · Tom Cryer Tommy K. Cryer, also known as Tom Cryer , is an attorney in Shreveport, Louisiana who was charged with and later acquitted of willful failure to file U.S. Federal income tax returns in a timely fashion Vivien Kellems Vivien Kellems, was a Connecticut industrialist who fought the U.S. federal government for over 25 years over withholding under 26 USC §3402, and other aspects of income tax in the United States. She was also a fervent supporter of voting reform and the Equal Rights Amendment Wayne C. Bentson Bentson operated Western Information Network and the Bentson Group until May 1997. He represented himself as a tax expert and told his clients that they did not need to pay federal income tax Wesley Snipes Wesley Trent Snipes is an American actor, film producer, and martial artist. He has starred in numerous action-adventures, thrillers, and dramatic feature films and is well known for his role as Blade in the Blade trilogy. Snipes formed a production company titled Amen-Ra Films in 1991 and a subsidiary, Black Dot Media, to develop projects for

Australia There are many forms of taxation in Australia. Individuals and companies in Australia may be required to pay taxes or charges to all levels of government: local, state, and federal governments. Taxes are collected to pay for public services and transfer payments • British Virgin Islands Taxation in the British Virgin Islands is simple by comparative standards; photocopies of all of the tax laws of the British Virgin Islands would together amount to about 200 pages of paper. Taxation in the British Virgin Islands is mostly notable for what is not subject to taxation. The British Virgin Islands has: Canada The level of Taxation in Canada is average among Organisation for Economic Co-operation and Development countries. Approximately 70% of the Canadian government's income comes from taxation, the rest from tariffs, fees, and investments.[citation needed] • China Taxes provide the most important revenue source for the Government of the People's Republic of China. As the most important source of fiscal revenue, tax is a key economic player of macro-economic regulation, and greatly affects China's economic and social development. With the changes made since the 1994 tax reform, China has preliminarily set up • Colombia Taxation in Colombia is determined by the Congress of Colombia, the Departments of Colombia Assemblies and the Municipalities of Colombia councils, which determine what kind of taxes can be levied and which rates can be applied France Taxation in France is determined by the yearly budget vote by the French Parliament, which determines which kinds of taxes can be levied and which rates can be applied • Germany Taxes in Germany—being a Federal Republic—are levied by the Federation , the States (Länder) as well as the Municipalities (Gemeinden). Many direct and indirect taxes exist, whereof income tax and VAT are the most relevant. The German word for tax is die Steuer which originates from the Old High German word stiura meaning help. It should not • Hong Kong Categories: Taxation in Hong Kong | Hong Kong legislation | India Taxes in India are levied by the Central Government and the State Governments. Some minor taxes are also levied by the local authorities such the Municipality or the Local Council • Indonesia Indonesian taxation is based on Article 23A of UUD 1945 , where tax is an enforceable contribution exposed on all Indonesian citizens, foreign nationals and residents who have resided for 120 cumulative days within a twelve month period. Indonesia has a stratification of taxation including Income Tax, Local Tax (Pajak Daerah) and Central • Ireland The system of taxation in the Republic of Ireland is broadly similar to the system of taxation in the United Kingdom Netherlands Some of the most important taxes are that of the income tax , the wage withholding tax (Wet op de loonbelasting 1964), the value added tax (Wet op de omzetbelasting 1968) and the corporate tax (Wet op de vennootschapsbelasting 1969) • New Zealand Taxation in New Zealand is collected at a national level by the Inland Revenue Department on behalf of the Government of New Zealand. National taxes are levied on personal and business income, as well as on the supply of goods and services. There is no capital gains tax, although certain "gains" such as profits on the sale of patent Peru The income tax in Peru is collected by the Superintendencia Nacional de Administración Tributaria, best known as SUNAT. This country uses a system of progressive taxation on personal income, and a flat rate tax on business income • Russia The Russian Tax Code is the primary tax law for the Russian Federation. The Code was created, adopted and implemented in three stages. Part One, enacted July 31, 1998, also referred to as the General Part, regulates relationships among taxpayers, tax agents, tax-collecting authorities and legislators: tax audit procedures, resolution of disputes • Singapore Individual income tax in Singapore forms part of two main sources of income tax in Singapore, the other being corporate taxes on companies. Payable on an annual basis, it is currently based on the progressive tax system , with taxes ranging from 0% to 20% since Year of Assessment 2007. The Year of Assessment (YA) is based on the calendar year Switzerland Taxes in Switzerland are levied by the Swiss Confederation, the cantons and the municipalities. Switzerland is sometimes considered a tax haven due to its general low rate of taxation, its political stability as well as the various tax exemptions or reductions available to Swiss companies doing business abroad, or foreign persons resident in • Tanzania In Tanzania the Income Tax Act, 2004 came into effect in July 2004. This act restructured the income tax system in line with modern requirements and repealed the previous Income Tax Act, 1973. Tax is levied on income from employment, income from business and income from investment. Taxable persons include entities and individuals. An entity can be Thailand • United Kingdom Taxation in the United Kingdom may involve payments to a minimum of two different levels of government: The central government and local government. Central government revenues come primarily from income tax, National Insurance contributions, value added tax, corporation tax and fuel duty. Local government revenues come primarily from grants from United States Taxation in the United States is a complex system which may involve payment to many different levels of government and many methods of taxation. United States taxation includes local government, possibly including one or more of municipal, township, district and county governments. It also includes regional entities such as school and utility, and • European Union Value added tax is similar to a sales tax. It is a tax on the estimated market value added to a product or material at each stage of its manufacture or distribution, ultimately passed on to the consumer. Maurice Lauré, Joint Director of the French Tax Authority, the Direction générale des impôts, was first to introduce VAT on April 10, 1954,

Tax rates around the world Comparison of tax rates around the world is difficult and somewhat subjective. Tax laws in most countries are extremely complex, and tax burden falls differently on different groups in each country and sub-national unit. The lists below give an indication by rank of some raw indicators Tax revenue as % of GDP This article lists countries by total tax revenue as a percentage of gross domestic product for the listed countries. Three sources are used, one for each column. The tax percentage for each country listed in the sources has been added to the chart

Alternative Minimum Tax (AMT) is part of the Federal income tax An income tax is a tax levied on the income of individuals or business . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate tax, corporate income tax, or profit tax. Individual system of the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language. There is an AMT for those who owe personal income tax The federal government of the United States imposes a progressive tax on the taxable income of individuals, partnerships, companies, corporations, trusts, decedents' estates, and certain bankruptcy estates. Some state and municipal governments also impose income taxes. The first Federal income tax was imposed during the Civil War, then again in, and another for corporations owing corporate income tax Corporate tax in the United States is imposed both by the federal government and by most state governments. The federal income tax on corporations is the more significant tax, in terms of the tax rates, the number of entities affected and the complexity of its rules. Only the AMT for those owing personal income tax is described here.

The alternative minimum tax operates in effect as a parallel tax system, with its own definition of taxable income, exemptions, and tax rates. Taxpayers compute tax owed under the "regular" and AMT systems and are liable for whichever is higher. The AMT system has in general a broader definition of taxable income, a larger exemption, and lower tax rates than the regular system.

History and current controversies

The AMT was introduced by the Tax Reform Act of 1969 The United States Tax Reform Act of 1969 established individual and corporate minimum taxes, established a new tax schedule for single taxpayers, and lowered the maximum rate on earned income from 70 percent to 50 percent^[1] and became operative in 1970. It was intended to target 155 high-income households that had been eligible for so many tax benefits that they owed little or no income tax under the tax code of the time.^[2] However, the AMT has evolved significantly in many ways since then, with substantial changes in 1978, 1982, 1986, 1990, and 1993, among others. According to the Congressional Joint Committee on Taxation, the AMT provisions enacted in the Tax Equity and Fiscal Responsibility Act of 1982 The Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (TEFRA), a United States federal law, rescinded some of the effects of the Economic Recovery Tax Act of 1981 (ERTA, colloquially known as the Kemp-Roth Tax Cut) passed the year before are the foundation for the present individual alternative minimum tax: these provisions included the disallowal of state and local taxes, the deduction for personal exemptions, the standard deduction, and the deduction for interest on home equity loans.^[3]

"In 1986, when President Ronald Reagan and both parties on Capitol Hill agreed to a major change in the tax system, the law was subtly changed to aim at a wholly different set of deductions, the ones that everyone gets, like the personal exemption, state and local taxes, the standard deduction, certain expenses like union dues and even some medical costs for the seriously ill. At the same time it removed and revised some of the exotic investment deductions. A law for untaxed rich investors was refocused on families who own their homes in high tax states."^[4]

A further shift, involving many definitional changes and extensive reorganization, occurred with the Tax Reform Act of 1986 The U.S. Congress passed the Tax Reform Act of 1986, (Pub.L. 99-514, 100 Stat. 2085, enacted October 22, 1986) to simplify the income tax code, broaden the tax base and eliminate many tax shelters and other preferences. Referred to as the second of the two "Reagan tax cuts" (the Kemp-Roth Tax Cut of 1981 being the first), the bill was.

However both participation and revenues from the AMT temporarily plummeted after the 1986 changes.^[5] Further significant changes occurred as a result of the Omnibus Budget Reconciliation Acts of 1990 and 1993, which raised the AMT rate to 24%, and to 26%/28% respectively, from the prior level of 21%.^[6] Now many taxpayers who do not have high incomes or participate in any special tax shelter activities have to pay AMT.^[7]

The AMT is imposed under 26 U.S.C. The Internal Revenue Code is the main body of domestic statutory tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, gift taxes, estate taxes and statutory excise taxes. The Internal Revenue Code is published as Title 26 of the United States Code (USC), and § 55 and disallows many deductions and exemptions allowable in computing "regular" tax liability. (Regular tax liability is defined in 26 U.S.C. The Internal Revenue Code is the main body of domestic statutory tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, gift taxes, estate taxes and statutory excise taxes. The Internal Revenue Code is published as Title 26 of the United States Code (USC), and § 55(c)(1), with reference to 26 U.S.C. The Internal Revenue Code is the main body of domestic statutory tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, gift taxes, estate taxes and statutory excise taxes. The Internal Revenue Code is published as Title 26 of the United States Code (USC), and § 26(b), and does not include AMT and various other categories of taxes imposed under Chapter 1 of Subtitle A of the Internal Revenue Code.) The AMT currently sets a minimum tax rate of either 26% or 28% (depending on the amount of the taxpayer's "alternative minimum taxable income," as adjusted) on amounts above a large exemption so that taxpayers cannot use certain types of deductions to lower their tax below a certain minimum. Affected taxpayers are those who have what are known as "tax preference items". These include state and local income, sales and property taxes, accelerated depreciation, a portion of otherwise deductible medical expenses, miscellaneous itemized deductions, the bargain element in exercised incentive stock options, percentage depletion, certain tax-exempt income, certain credits, personal exemptions and the standard deduction. In addition, due to a different system of exemption phaseouts, items such as long-term capital gains may result in AMT.^[8]

In recent years, the AMT has been under increased attention. Because the AMT is not indexed to inflation and because of recent tax cuts,^[2][9] an increasing number of middle-income taxpayers have been finding themselves subject to this tax. The lack of indexing produces bracket creep. The recent tax cuts in the regular tax have the effect of causing many taxpayers to pay some AMT, reducing or eliminating the benefit from the reduction in regular rates. (In all such cases, however, the overall tax payable will not increase.^[10]) In 2006, the IRS's National Taxpayer Advocate's report highlighted the AMT as the single most serious problem with the tax code. The Advocate noted that the AMT punishes taxpayers for having children or living in a high-tax state and that the complexity of the AMT leads to most taxpayers who owe AMT not realizing it until preparing their returns or being notified by the IRS.^[11]

A brief issued by the Congressional Budget Office (CBO) (No. 4, April 15, 2004), concludes:

"Over the coming decade, a growing number of taxpayers will become liable for the AMT. In 2010, if nothing is changed, one in five taxpayers will have AMT liability and nearly every married taxpayer with income between $100,000 and $500,000 will owe the alternative tax. Rather than affecting only high-income taxpayers who would otherwise pay no tax, the AMT has extended its reach to many upper-middle-income households. As an increasing number of taxpayers incur the AMT, pressures to reduce or eliminate the tax are likely to grow."^[12]

However, CBO's rules^[13] state that it must use current law in its analysis, and at the time the above text was written, the AMT threshold was set to expire in 2006 and be reset to far lower values.^[14]

For years, Congress has passed one-year patches aimed at minimizing the impact of the tax. For the 2007 tax year, a patch was passed on 12/20/2007, but only after the IRS had already designed its forms for 2007. The IRS had to reprogram its forms to accommodate the law change.^[15]

Structure

AMT Taxable Income (AMTI)

In addition to the normal tax code calculations, the AMT system uses a different set of rules for determining taxable income and allowable deductions. The "tax preference items" are added back, then an AMT Exemption is subtracted to compute AMT Taxable Income (AMTI). The AMT Exemption is phased out at 25 cents per dollar of AMTI above $150,000 on joint returns. Criticism often focuses on the fact that the $150,000 phase-out threshold has never been adjusted for inflation since its enactment in 1986. AMT Exemption has been changed by a series of short-term legislative "patches" over the years, as shown in the table below. The most recent "patch" was extended through 2009.

Tentative Minimum Tax (TMT)

Applying a 26/28% rate schedule to the AMTI gives the "Tentative Minimum Tax" (TMT). TMT is 26% of AMTI up to $175,000, plus 28% of the rest of the AMTI, if any. The TMT is compared to the income-tax amount calculated for the taxpayer. If the regular income-tax amount is greater than the TMT, no special action is required. If the TMT is greater than the tax calculated using the regular rules, the difference between the TMT and the regular tax is added to the regular tax amount, so the taxpayer pays the full amount of the TMT. In effect, the tax liability (before application of credits) is the greater of the regular income tax amount and the TMT.

AMT Exemption Phaseout and Effective Marginal Rates

For 2007, the AMT Exemption is not fully phased out until AMTI surpasses $415,000 for joint returns. Like any deduction that phases out with income, the AMT Exception increases the effective marginal tax rate within the phase out range. Within the $150,000 to $415,000 range, the TMT rates of 26% and 28% are effectively multiplied by 1.25, becoming 32.5% and 35% (See note below). The TMT rate for capital gains becomes 21.5% to 22% rather than 15%, because each dollar of capital gain causes 25 cents more of ordinary income to be taxed at 26% or 28%. These are the true marginal federal tax rates for most taxpayers owing AMT. These marginal rates for TMT exceed regular tax rates at the lower end of this income range. Therefore AMT liability (the excess of TMT over regular tax) typically increases as income increases above $150,000. Non-deductibility of state income tax under the TMT exacerbates this problem. Advice to accelerate income when you will be liable for AMT is therefore exactly backwards for most taxpayers.

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