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[Para 1]
Field of the invention -- The invention generally relates to
financial practice and data processing. More specifically, the invention
relates to automated financial arrangements, including accounting and tax
preparation or submission. In particular, the invention relates to a system for
reporting tax transactions and collecting taxes. This system is suitable for
raising funds in amounts exceeding the needs of all U.S. taxing jurisdictions
combined. A single collection process meets the
combined needs of federal, state, county and local tax jurisdictions;
or it can be used for a single jurisdiction or a combination of several
jurisdictions.
[Para 2]
The invention relates to a method of collecting tax revenue
through automation and the elimination of accounting, paperwork and filing
requirements for the general public. For each respective taxing jurisdiction,
the method generates and delivers a revenue stream that nearly accurately
reflects the economic activity within the jurisdiction. The needs of diverse
jurisdictions are met, including neighborhood, city, county, special district,
regional, state, and federal domains. In addition, legislated revenue shifts
and voter directed revenue shifts are effected through changes in computer
software commands. Security codes and protocols within such software can guard
against fraud.
[Para 3]
Description of Related Art including information disclosed under
37 CFR 1.97 and 1.98 -- Collecting revenue is necessary to fund
governments at all levels, including national, regional and local levels. Most
countries employ systems of taxation to supply revenue at each level of
government. Often a separate tax collection system exists to fund each
national, regional and local government jurisdiction. Each of these tax
jurisdictions may have legislated into existence its own tax-collecting agency,
complete with distinct laws, regulations, audit departments and enforcement
methods.
[Para 4]
In the United States the largest tax collecting system is the
federal income tax, administered by the United States Treasury through the
Internal Revenue Service (IRS). The first line of operation relies upon
self-reporting by each taxpayer, whether individual, partnership, corporation,
or other entity. Enforcement is carried out by a program of audits, backed up
by informational reports of significant money transfers such as wages paid and
securities sold. Thus, the individual taxpayer is held accountable at multiple
levels. The taxpayer is required to make proper tax payments. In order to be
able to make such payments, he must keep adequate records. Further, he must
accurately calculate the amount due, and he must accurately report the sources
of funds upon which he makes payments. All of these levels of accountability
rest upon a basic precedent that the taxpayer must understand the tax laws and
regulations sufficiently well to properly abide by all of the aforementioned
requirements.
[Para 5]
A substantial portion of the population lacks the required
expertise to accurately perform these mandated duties. The laws, rules,
regulations, and accounting practices that underlie the tax system are far too
complex. Individual taxpayers and other small entities very likely lack the
expertise to accurately carry out their first line responsibilities within the
federal tax system. This problem has been long-standing, originating with
growing complexity of the Internal Revenue Tax Code and compounded by the lack
of an effective system for educating the taxpayer.
[Para 6]
At the federal level, U.S. tax laws are among the most complex
and difficult to understand of all laws. For many taxpayers, fully
comprehending and applying the tax code is vastly difficult. These many
taxpayers must obtain professional help or risk failing to comply with the law.
The present Internal Revenue Code, tax regulations and rulings are complex and
difficult to understand. Among tax professionals, few fully comprehend all
parts of the tax law. It has been reported that even members of the United
States Congress who claim to fully understand the Internal Revenue Code are not
taken seriously by their colleagues. Consequently, this system of taxation
easily exceeds the grasp of a substantial portion of the citizen taxpayers. The
existing system creates significant difficulties both for the government and the
citizens. Such a difficulty, centered upon one of government's most important
and basic needs, creates an environment of economic uncertainty.
[Para 7]
The clear, singular purpose of taxation is to fund governmental
operations. However, the tax system often is distorted to favor political and
social causes. Special interest groups and lobbyists work hard to change the
tax system to achieve their own sponsored goals. Governments and political
parties also use the tax system to achieve political goals. Depending upon
current popular opinion, the strength of special interest campaigns, or the
platform of a political party in office, tax systems are changed and manipulated
to work for or against any chosen cause or industry. By way of example, recent
history shows proposals for tax changes favoring or disfavoring energy
development, environmental causes, big industry, foreign imports, or the
economic groups that often are referred to as the rich or the poor.
[Para 8]
Changing a technical scheme such as the tax laws fairly
guarantees that a portion of the population will not understand how to
accurately implement the change. Present tax laws are a product of years of
changes, ensuring that a substantial portion of tax returns contain errors,
despite the best efforts made by the taxpayer. The same government that creates
an ever-changing tax scheme also enforces it against the taxpayers. Enforcement
is an expensive task that burdens both the taxpayer and the government. Many
people would consider it unconscionable for a government to create a needlessly
complex tax scheme, place responsibility for its performance on the ordinary
citizen, and then police the scheme; fully knowing that citizens will fail in
the imposed task. Nevertheless, this is the present situation. The taxation
system carries a high cost to the public. This cost can be quantified as a
function of measurable factors. These include the number of tax jurisdictions,
the number of people employed in the tax system, the size of the budget for
annual administration of the tax system, and the estimated cost of the indirect
burden placed on the national economy. In the United States alone there are
approximately 30,000 tax collecting jurisdictions. Some follow the federal plan
of taxing income, while others levy tax based upon real estate values, personal
property values, or sales of goods. Substantially every tax system places the
payment burden at the lowest possible level: on the individual citizen, on the
individual business, on the property owner, on the employer, or on the
merchant. Placing the payment burden at this level can be termed grass roots
taxation.
[Para 9]
The federal and all other tax systems impose an inherent direct
social and economic burden. Much of this burden is through the size of the
agencies employed in the tax business. For example, in recent years the U.S.
government has employed about 98,000 people in the Internal Revenue Service.
Recent annual budgets for the U.S. Internal Revenue Service have been about
eight billion dollars, about half of which is earmarked for enforcement
activities. Numerous other taxing agencies operate at regional levels, each
with its own budget. The various state level tax agencies may operate through a
statewide agency, operating under different names in different states such as a
Department of Revenue in Colorado or Board of Equalization in California.
Counties, municipalities, municipal districts, and special districts may operate
through commissioners or a board of trustees. The total direct cost of salary
and other operating expense of these roughly 30,000 taxing authorities adds a
significant cost to the eight billion dollars spent by the Internal Revenue
Service. The total direct burden imposed by taxing agencies for record keeping
and tax preparation by individuals and businesses is enormous.
[Para 10]
While direct costs are enormous, present tax systems
sponsor and impose an even larger indirect cost that is paid by society and
individual citizens. Typical indirect costs include record keeping and
reporting by all of the individual taxpayers to the many related tax collecting
entities. The related diversion of time, effort and money can be viewed as
unproductive and of negative impact on the economy. At least an estimate of
this negative impact can be quantified. The combined indirect costs of
administrative burdens related to taxation at all levels of government have been
estimated in several university studies to be between 6% and 12% of the gross
national product (GNP). In dollar values, such numbers range from about five
hundred billion dollars to over one trillion dollars in indirect costs.
[Para 11]
Many people and businesses are employed indirectly as a
result of taxation and as a result of artificial economic circumstances created
by taxation related interests. These include indirect employment in printing
tax forms, printing tax advice, printing books used in accounting and book
keeping, producing the paper needed for all of these products, and entire
industries of tax-driven activities and products. As a result, the U.S. economy
contains countless jobs that might be viewed as wholly or partially unproductive
outside of their subordinate roles in the tax system. These jobs are a product
of tax-driven, economic or social engineering, or exist without non-tax economic
justification. Employment based on the artificial constructs of a tax system,
rather than on an inherent need, might be called artificial jobs.
[Para 12]
Many artificial jobs exist primarily to moderate the
economic impact of taxation on individuals and businesses. Typically, these
jobs relate to tax accounting; tax filing services; creating and selling
tax-reducing investment schemes; issuing and administering tax free bonds;
creating and administering non-profit organizations; organizing and
administering tax-favored businesses and activities; and creating and
administering tax-favored personal activities and investment schemes.
[Para 13]
Artificial jobs can be viewed as another type of social and
economic burden because their performance has reasonable justification only as a
part or result of a tax driven environment. The existing tax system diverts
productive capacity away from otherwise potentially constructive tasks and
potential leisure time. It redirects such capacity to otherwise non-productive,
tax-related tasks and activities.
[Para 14]
“Push-and-pull” tax incentives are another form of
artificial economic activity that current tax systems encourage. Regional
governments such as states, counties, and cities are known to offer tax
incentives, known as “push-and-pull” incentives, to lure large business to more
into the region. Such inducements can amount to millions of dollars in tax
saving incentives to the new business. The region gaining the new business
benefits from having more employed citizens and better-employed citizens. The
region gaining the new business expects increased local business activity
benefiting individuals at all levels, producing a commensurate increase in sales
and use taxes, real estate taxes, and eventually an ability to tax the capital
base of the new business, itself. Of course, the region losing the business
suffers equivalent economic losses. Thus, tax-based incentives causing business
to relocate are a cause of significant economic disruption for both individuals
and businesses. In a variation, a region may drive away businesses by
increasing the several forms of local taxation to a level that compares poorly
to tax levels in a different region.
[Para 15]
Some states have enacted laws that restrict or disallow the
ability of cities within those states to offer push-and-pull tax incentives.
When a business proposes to move headquarters from one city to another, the
result can be a lawsuit if prohibited push-and-pull tax incentives appear to
have been offered. In various cases the laws that seek to restrict businesses
from moving their headquarters also hamper those businesses in their natural
growth via consolidation from several smaller locations in several cities to a
single larger location in one of the cities in which they already have a
presence. These limitations placed on businesses and commerce can restrict
trade.
[Para 16]
These activities that exist in order to respond to
taxation, rather than for a bona fide social or
business need outside the tax industry, are part of the indirect cost of
taxation. The indirect costs placed on the economy may be even greater than
suggested in the university studies. Some estimates of indirect cost reach 10%
to 16% of the GNP, which translates to a dollar range from about $900 billion to
$1.5 trillion.
[Para 17]
Regardless of what cost figure is accurate, the quantum
value of indirect costs can be compared to the U.S. federal budget, which in the
year 2003 stands near two trillion dollars. This federal budget amount has been
equated to 21% of national income. The total of all combined taxes placed upon
U.S. taxpayers is about 32% of national income, suggesting that the direct tax
burden from all sources is about three trillion dollars. By comparison, the
indirect monetary cost burden of collecting federal and all other taxes is on
the order of one-third to one-half the overall direct tax burden; and from about
one-half to three-fourths the amount of the federal budget, alone.
[Para 18]
Clearly it would be desirable to reduce this underlying
indirect cost, so that such resources could be used more beneficially or to meet
needs not artificially created for supporting the tax systems currently in use.
[Para 19]
While certain indirect costs of the present system of tax
collection can be quantified, others cannot. These latter costs include the
loss of personal privacy and the loss of economic freedom. Further, taxpayers
have been known to suffer health and social burdens that are closely related to
tax payment issues. For example, some develop physical or mental health
problems related to taxation. If tax reports or payments are not made properly,
the taxpayer can suffer legal and financial difficulties, such as civil or
administrative fines and criminal penalties.
[Para 20]
Another area of high cost is in loss of time available to
legislatures to address society's needs. Present tax systems divert this
function of governments at all levels. Legislatures at all levels of government
spend well over 50% of their time on discussions relating to taxation. The
creation and implementation of a single system for supplying all required
funding for all levels of government might free a vast portion of legislative
time for more beneficial purposes.
[Para 21]
Tax collecting agencies in the United States are well aware
that the tax system imposes difficulties that lead to substantial non-compliance by the public. Notably,
some citizens view the U.S. federal scheme as being unrealistic, as asking for
conduct contrary to the self-preservation and self-interest components of human
nature. Asking the individual to self-report his income and pay accordingly can
place the taxpayer on the classic horns of a dilemma, balancing his personal
financial health and well being against the financial obligation of the tax
system. This system inherently urges the taxpayer to seek the legal limits in
his reports and payments. Likely there are instances where the legal limits are
exceeded. Tax collecting agencies acknowledge this problem and have coined the
term, "tax gap," to describe the difference between true tax liability and the
amount voluntarily paid. In 1990, the IRS estimated that the tax gap for 1992
would be between $110 billion and $127 billion. The existence of the tax gap,
or at least the government's suspicion that it exists, casts every taxpayer in a
shadow of suspicion.
[Para 22]
Taxpayers understand that their own government views them
with this suspicion and distrust. Certainly some taxpayers harbor a reciprocal
distrust toward the government. Recent history within the United States has
produced significant examples of open confrontations between government agencies
and groups of U.S. citizens who profess to distrust the government. Certainly
the tax laws are not the sole cause of such distrust, and certainly no one
solution can reverse all causes for distrust. Yet, it would seem that
eliminating the pervasive conflict-of-interest between the individual citizen's
self-interest and an unrealistic tax system would be a large step in the right
direction.
[Para 23]
It would be desirable to eliminate the social, political,
and economic burden of the present tax system by implementing an alternative
system that operates without substantial direct tax burden on the grass-roots
taxpayer and with a vastly reduced economic burden on
the country as a whole.
[Para 24]
The above discussion of problems inherent in existing
systems of taxation has referred to practices in the United States. However,
the noted problems are not confined to any one country. Any political or
economic system can benefit by instituting tax laws, rules and regulations that
burden the public as little as possible. Further, a non-burdening tax system
promotes economic efficiency and greater personal security. Such a system
enables citizens to deal with each other and with their government with minimal
uncertainty and lower transaction cost in time and money. Improving the
flexibility and collection efficiency of a tax system, while reducing the burden
on the citizen, can benefit governments worldwide.
[Para 25]
The mission statement for the I.R.S. provides a useful
standard for deciding whether the present U.S. tax system, as well as the system
in any other nation, is adequate and might be considered successful. According
to the U.S. Government Manual, 1992/1993, the official mission of the Internal
Revenue Service is to collect the proper amount of tax revenue at the least cost
to the public and in a manner that warrants the highest degree of public
confidence in the Service's integrity. Any taxation authority seeking to meet
those mission goals should consider direct costs, indirect costs, social
burdens, and economic burdens that have been discussed. At present, the cost to
the public exceeds any reasonable level.
[Para 26]
It would be desirable to create a system of taxation that
operates with less cost to the public and, thus, that better meets the
reasonable parameters suggested by the U.S. Internal Revenue Service's own
mission statement.
[Para 27]
For these reasons and many others, it would be desirable to
have a tax system that is less burdensome than one applied at the grass roots
level. Many government officials, politicians and tax reform movements and
groups have sought such a system. The U.S. Congress has considered proposals
for simplified tax systems via a flat tax, a national sales tax, and a value
added tax, among many others. Some of these proposals appear adequate as
revenue raising techniques. However, the fundamental need to raise adequate
revenue for government operations seems inseparable from imposition of political
and social agendas. The present tax system and the various proposed alternate
systems offer little hope for substantial reduction in the costs and burdens of
collecting income tax. An overview and details of some major proposals for
improvements to or replacement of our current taxation system follows.
[Para 28]
A flat income tax might set a single tax rate
of about 20-25% on all income, without special incentives and exemptions. This
proposed system would eliminate much of the income tax code and would simplify
filing individual income tax returns. While helpful to the ordinary citizen who
is not a tax specialist, it still requires record keeping to track total
income. Likely the government would continue to audit the individual citizen to
maintain honesty and discover mistakes in the filed tax returns. In addition,
this proposal simplifies only the federal tax system, while leaving the
remainder of the 30,000 U.S. tax authorities unchanged. Special interest groups
and many politicians dislike this proposal. Its simplicity eliminates the power
to practice social and political engineering through
the
shifting of tax burdens. In addition, the flat
tax could encourage a larger tax gap by creating an immediate income benefit of
20% to 25% to those who under-report income.
[Para 29]
The proposal for a national sales tax would
add a point-of-sale tax of about 15-20% on the cost of every purchase. Such a
system would decrease the present need for a federal tax collecting agency and
could save billions of dollars in the federal budget. It would eliminate the
filing of individual tax returns from citizens who are not involved in retail
trade.
[Para 30]
This result would benefit a major part of the population.
However, retail businesses would administer collection of the sales tax. Most
states already have a sales tax in place and now would merely increase the
collected percentage by the amount of the federal sales tax. The tax-collecting
burden would be an expansion of an existing system rather than a new
administrative burden. The retail merchant merely would add the percentage of
the national sales tax to the state sales tax that already is collected.
[Para 31]
Problems with the national sales tax include honesty in
payment and collection, as well as political and social objections. Retail
customers have been known to take substantial steps to avoid current sales
taxes. Some offer to pay cash in a record-free, tax-free purchase. Others
order by mail from another jurisdiction to avoid tax. A substantial increase in
the sales tax rate could encourage evasive measures and contribute to an
off-the-books economy. A political and social objection is that people with
lower income might have to spend every dollar of income, thus paying tax on 100%
of income. Those with higher income might spend proportionately less of total
income, thus avoiding present taxation on the unspent balance.
[Para 32]
A value added tax is paid on the value or
sales price of goods at each change of hands. For example, tax is imposed on
the sale of raw material from supplier to manufacturer, again from manufacturer
to wholesaler, again from wholesaler to retailer, and finally from retailer to
consumer. At each stage, the seller collects a tax on the sale, while receiving
credit for the corresponding tax he paid upon earlier purchasing the goods.
[Para 33]
The value added tax is cumbersome and requires much
administration, but tax cheating and tax avoidance are highly controlled by the
extensive paper-trail documentation between businesses. This system is used in
Europe as an alternative to sales tax, but in addition to income tax. If it
were used solely as a replacement for income tax, the tax rate added to the cost
of goods could be expected to be substantially higher than the 20% or more
levied by many European countries. Such a high rate of tax would create tax
increment percentages between businesses that would be attractive to
circumvent.
[Para 34]
While the high cost to the public is an important problem
with the present federal tax system, another significant problem is in the
ever-fluctuating imbalances between collections and spending needs with the
existing taxation methods. An imbalance easily can occur between the revenue
collected versus what is needed to fund government operations. On the
collection side of the equation, the amount of revenue collected through current
taxation is keyed to the level of individual and business net income. When
gross income changes just slightly, the change in net income is dramatically
greater. As a result, during economic boom times, a large excess of revenue
often will result. However, during recessions there is often a dramatic
shortfall. Such a result is exactly the opposite of what is desirable to enable
a government to promote public good through managing the economy.
[Para 35]
When the economy is in decline, governments at all levels
can benefit their citizens by increasing public spending instead of decreasing
it. Infusing an increased amount of money into the economy can reduce hardships
and rekindle growth. This kind of economic thinking follows the theories of
John Maynard Keynes and was adopted by the Roosevelt administration to lift the
country out of the Great Depression through government spending for work and
welfare programs. While early levels of increased spending for work and welfare
programs alleviated a degree of hardships of the Great Depression, ultimately
the more massive military spending for World War Two quickly ended the Great
Depression.
[Para 36]
However, with a tax system that collects in proportion to
net income, the government sees less tax revenue in a declining economy,
resulting in a tendency for government to economize, cut services, reduce the
government work force, and simultaneously increase tax rates in an effort to
balance its budget. The result is additional economic decline due to such
government effected economizing efforts coupled with increased tax rates.
[Para 37]
On the other hand, during economic boom times a government
may find it easy to expand services and spend freely with its increased
revenues. An increased number of social benefits may follow, even though such
programs are likely to be less needed in economic boom times. It is in these
economic boom times that governments are most likely inclined to cut tax rates
and thereby apply an unnecessary stimulus to an already prosperous economy.
[Para 38]
On the spending side of the equation, the government
attempts to live within a budget based upon expected revenues. However, the
government operates in a world arena where the unexpected is rather the rule
than the exception. For example, wars, disruption of critical resources, and
disasters can occur anywhere in the world. Any such unanticipated event may
require a prompt and costly response. Because such events are unplanned, it is
fairly guaranteed with existing taxation laws and practices that such events
will disrupt the established balance between tax revenues and government
budgets.
[Para 39]
Under taxation practices currently employed, the stream of
tax revenue is largely derived from individual personal income and corporate
profits. Ironically, the size of the resulting stream of tax revenue is
diametrically opposite to the spending needs of governments through fluctuating
economic cycles. In a declining economic cycle, governments should infuse an
increased amount of money into the economy to stimulate economic activity and
restore prosperity. Yet during an economic down cycle, revenues are in sharp
decline; and governments feel compelled to tighten their belts, downsize, and
pair expenditures to meet declining revenues realities so as to balance their
budgets. That then fosters a cycle of greater economic decline, producing a yet
smaller stream of tax revenues. Ideally in such economic downturns, a tax
system should enable governments to increase spending or governments should
spend in excess of the tax derived revenue stream.
[Para 40]
Conversely, when an economy is in a boom cycle, current
taxation practices produce a revenue stream that exceeds government spending
needs, producing a budget surplus. Conservative politicians often respond to
surplus by reducing tax rates to gain favor with their constituents. On the
other hand, liberal politicians often respond with welfare and subsidy programs
to consume the revenue surplus. Both responses are well-intentioned measures
that result in economic mistakes. Both overburden the economy and lead to
over-demand and inflation. A better approach is to place tax revenue surpluses
in reserve to cover inevitable shortfalls on the other side of the economic
cycle.
[Para 41]
Thus, it would be desirable to have a comprehensive
taxation system that would create a revenue stream in excess of what is needed
to meet budget demand and the government’s spending needs. A regular surplus,
kept in reserve, would enable governments to respond quickly and appropriately
to a crisis or to economic fluctuations.
[Para 42]
Similarly, it would be desirable to create a taxation
system that can collect on a real-time basis. Should a sudden, exceptionally
costly need arise, then a government employing such new taxation system could
begin collecting tax at an increased level almost immediately. It would not be
necessary to wait until the next tax year’s annual collection ritual, in which
the citizen taxpayers must be supplied with new tax forms, rules and tax rate
schedules.
[Para 43]
A second internal problem in existing tax systems is
susceptibility to political manipulation. Politicians are able to redistribute
the tax burden among various categories of taxpayers. Whether rich or poor, few
taxpayers believe their own tax burden is fair and proper. Tax burdens can be
redistributed through political action. Special interests work through lobbying
groups and political parties to promote their own views of taxation to the
lawmakers. The result is a continual realignment of the tax burden, potentially
favoring one group at the expense of another in response to special interest
pressures. Such realignments create economic uncertainty and contribute to an
unstable and unpredictable economic environment that hampers long-term planning
for businesses and individual citizens, alike.
[Para 44]
Long-term planning is a vital ingredient for sound economic
growth. Many taxpayers see ongoing unfairness in the current tax allocation
system. Thus, it would be desirable to have a comprehensive tax system that
collects tax in a manner that is less prone to favor selected taxpayers
according to the efforts of special interest lobbyists they employ.
[Para 45]
While certain problems in a tax system can be identified as
cold-cut accounting issues or economic issues, another equally important type of
problem is an issue of national character or moral strength. A tax law or any
other law should not tempt and debase the citizen's moral character. An aspect
of such concerns underlies the Fifth Amendment to the Constitution of the United
States. Yet, the tax self-reporting collection method applicable to each
individual and business challenges the taxpayer's knowledge, intelligence,
ethics and honesty on a frequent basis.
[Para 46]
Surveys of honesty in tax reporting by individuals and
businesses show that a large percentage of them acknowledge a lack of honesty in
tax reporting. The taxpayer may see a sizeable reward by under-reporting and
under-payment. The self-reporting system creates a powerful temptation for
dishonesty at the grass roots level, where monitoring and enforcement is most
costly and difficult. Present taxation schemes may contribute significantly to
a reduction in ethics, honesty, and national character among the general
population.
[Para 47]
Accordingly, it would be desirable to have a comprehensive
tax system that does not ask the individual taxpayer to self-report and tempt
him with a financial reward for dishonesty.
[Para 48]
A related problem in the existing tax system is that the
small taxpayer bears a disproportionate burden of compliance. This burden falls
especially hard on the individual and especially on the young, the
self-employed, the small business, and the start-up business. Such small
taxpayers bear the full impact of complying with tax laws, regulations, and
record keeping. Yet, these small taxpayers are most likely to suffer from
inexperience and lack of resources to hire professionals for accounting and tax
filing requirements. Large or well-established businesses are better able to
comply, aided by tax professionals and longer experience in complying with the
heavy accounting burden. A tax system that burdens and discourages individuals
and small businesses with heavy compliance requirements is short sighted and
discourages new small business upstarts that are a vital component of a vibrant
national economy.
[Para 49]
It would be desirable to have a comprehensive tax system
that would not burden the small taxpayer with reporting and compliance. A
function of government should be to facilitate small business upstarts, not
discourage them with burdensome paperwork and record keeping requirements.
[Para 50]
To achieve the foregoing and other objectives and in
accordance with the purpose of the present invention, as embodied and broadly
described herein, the method of taxation and collection of this invention may
comprise the following:
Heading
BRIEF SUMMARY OF THE
INVENTION:
[Para 51]
Against the described background, it is therefore a general
object of the invention to create a tax system having the capability to combine
or replace many or all of the different tax systems at federal, state, and local
levels of government. Such a system may be suitable and beneficial in countries
other than the United States as well.
[Para 52]
An important object is to create a single and simple form
of tax that is collected by an automated system, resulting in reduced collection
expenses and reduced or eliminated burdens on the grass roots taxpayers, small
business taxpayers, and on larger enterprises as well.
[Para 53]
A specific objective is to create a tax system that
collects on a basis other than an income percentage, thus eliminating the
temptation for the individual to circumvent the tax.
[Para 54]
Another specific objective is to create a tax system with
an automatic compliance trail. Such a system eliminates record keeping
requirements for individuals and businesses alike.
[Para 55]
Still another objective is to eliminate problems of uneven
revenues that are dependent upon income and subject to political manipulation.
An improved tax system would produce total revenue that exceeds the revenue
needed in both boom and bust economies. Further, the level of surplus revenue
can be monitored and tax rates adjusted up or down as required to maintain the
surplus within a targeted range. Such a system would allow a surplus for
long-term benefits, such as to gradually reduce and ultimately eliminate the
national debt. Similarly, a surplus could be used to restructure and bolster
the social security system into a reliable old age pension system.
[Para 56]
According to the invention, the method of taxation is
suited for use at any level from a local tax jurisdiction to a national tax
jurisdiction. The method is applied to substantially all money transfer
transactions within the tax jurisdiction. The applicable tax jurisdiction
performs a first step in the method by determining a suitable rate for
taxation. This is done by periodically establishing a budget for all tax
jurisdictions having nexus to any given political geographic area. The
jurisdiction also projects a possible gross value of monitorable money transfer
transactions having a nexus to the tax jurisdiction for the budget period. By
comparing the budget to the projected gross value of transactions, the
jurisdiction can set a rate of taxation. This rate should be at least the
percentage of the projected gross value of transactions needed to produce the
budget. The selected percentage can be increased to produce a surplus or to
compensate for anticipated exceptions to uniform tax collection from the gross
value of transactions. The tax jurisdiction collects the tax by deducting the
set tax rate percentage from the value of substantially every monitorable money
transfer transactions having a nexus to the tax jurisdiction and then
distributing the total tax collected according to the legislated budget
projections of the included tax jurisdictions.
[Para 57]
The method can be applied to either a partial budget for
the tax jurisdiction or the entire budget. Thus, this method can be the sole
method of tax collection or merely part of a larger scheme collecting tax by a
plurality of methods. Also, the method can be employed for any desired time
period.
[Para 58]
Monitorable money transfer transactions generally are those
occurring at a bank, such as when a bank receives and processes a money
transaction of any kind. Monitorable transactions are inclusive of a deposit of
cash into a bank, the deposit of a check into a bank, cashing a check at a bank,
an electronic transfer of funds into a bank, and the deposit of a negotiable
instrument into a bank. For the purpose of this invention banks are the
preferred entities to collect the tax by deducting it from the value of every
processed transaction. Banks both collect the tax and distribute it to the tax
jurisdiction.
[Para 59]
In another aspect, a tax jurisdiction obtains tax revenue
by, first, determining a rate for taxation. A suitable rate is a percentage of
the monetary value of money movement transactions having nexus to the tax
jurisdiction. Second, the jurisdiction collects a tax on the value of a money
movement at the determined rate for taxation during bank processing of the money
movement. The bank can collect the tax by deducting it from each transaction
during processing. Third, collected tax is distributed to the tax jurisdiction.
[Para 60]
A primary method of collecting the tax is for a bank within
the tax jurisdiction to deduct the tax from transactions it processes. Another
method of collecting the tax is for any bank having a nexus to the tax
jurisdiction to deduct the tax from transactions it processes, regardless of
whether the processing bank is within the tax jurisdiction. As a part of the
tax collection process, a bank can collect data indicative of the tax
jurisdiction of a party to the money movement transaction. Then, the bank can
respond to the collected data by distributing at least a portion of the tax to
the tax jurisdiction of the party having nexus to such tax jurisdiction.
[Para 61]
Optionally, the method can allow a party to a transaction
to direct or designate a portion of the deducted tax to a preferred or
identified recipient, such as for donation by the party to the money movement to
the recipient. The bank can respond to the data by distributing at least a
portion of the tax to the preferred recipient.
[Para 62]
As another optional step, a bank can collect data from a
party to indicate special handling of the money movement and respond to the data
by handling the money movement according to the indicated special handling.
[Para 63]
Therefore, a method of collection is carried out by
monitoring substantially all fund transfer transactions within a tax
jurisdiction. Both outflow and inflow can be monitored and in the simplest form
of this invention a 5% tax can be levied on all inflow funds of any money
transaction. An alternative possibility is to deduct a small percentage, such
as 2.5% from the outflow side of a money transfer
transaction and another 2.5% from the inflow side.
The deducted
percentages can be paid to tax jurisdictions by
electronic transfer. A single tax jurisdiction
at state level could receive all taxes collected
within a state and could distribute the collected taxes to all other lower tax
jurisdictions having nexus to the revenue collected within that state. The tax
jurisdictions at each state level may disburse a standardized percentage to the
federal government tax jurisdiction, for example in the form of the IRS. Paying
the taxes to the various other levels of government is made possible by
initially coding each transaction to show the tax jurisdiction of the outflow
side of each transfer transaction and coding the transaction once more to show
the inflow tax jurisdiction.
[Para 64]
The accompanying drawings, which are incorporated in and
form a part of the specification illustrate preferred embodiments of the present
invention, and together with the description, serve to explain the principles of
the invention. In the drawings:
Heading
BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWINGS:
[Para 65]
Figure 1 is a flow chart showing establishment and general
operation of the money movement tax system.
[Para 66]
Figure 2 is a schematic view of a negotiable instrument
having an area for entry of special handling codes
for
both outflow and inflow jurisdictions.
[Para 67]
Figure 3 is a flow chart showing processing of money
movement transactions for tax collection.
[Para 68]
Figure 4 is a flow chart showing the tax distribution
scheme for the tax system.
Heading
DETAILED DESCRIPTION OF THE INVENTION:
[Para 69]
The invention is a system of processing for collecting tax
on money movements. This system, which will be referred to as a money movement
tax system or a money transfer transaction tax system, is
a method of government revenue creation that can
be applied to benefit governments at all levels. A general goal is to allow
government to conduct its tax collection business in such a way that will
provide adequate funding with revenue at all levels of government at all times.
Tax is collected through an economical, computer-automated revenue stream. The
collection is based upon value of money or fund movements. By keying tax
collection to the transactional function of money itself, governments can adjust
the size of the collected share without redrafting tax codes as commonly
required with existing practices. Thus, when a change is made in the size of
the collected share, citizens and businesses have no substantial re-education
requirement apart from understanding the new rate of collection.
[Para 70]
For purposes of this disclosure, except as specifically
otherwise stated herein, the following terms will have the indicated meanings.
The term, “bank,” will refer to a business establishment in which money is kept
for saving or commercial purposes or is invested, supplied for loans, or
exchanged. The terms, “money movement” or “money transfer transaction” and the
like will refer to inflow or outflow of money or financial instruments, whether
or not negotiable, with respect to a bank or such other entity further
identified as an equivalent to a bank or as a suitable node of a financial
network where the money movement tax may be applied. The term, “money,” refers
to a commodity legally established as an exchangeable equivalent of all other
commodities and is used as a measure of their comparative values on the market.
Similarly, “money” refers to the official currency, coins, and negotiable paper
notes issued by a government. Further, “money” refers to assets and property
considered in terms of monetary value, thus including the monetary value of an
account or financial instrument, including data indicative of monetary
value.
[Para 71]
In its simplest form, the money movement tax system
requires that substantially all money movements within a tax jurisdiction be
monitored at specified levels. Money movements are most effectively monitored
at the point where they leave and enter a banking
system. The United States maintains a system of Federal Reserve banks forming
the backbone of a banking system. Numerous other banks operate throughout the
country and are variously associated with each other and the Federal Reserve
System to constitute a broad based banking system. This association includes
systems of correspondent banks and systems whereby checks are cashed, cleared
and routed to their home banks for debit from the drawer’s account. Other
associations are necessary for a bank to participate in electronic funds
transfer transactions. Thus, although the types of associations between banks
vary widely, the banking system provides a reliable, regulated, examined network
of financial institutions at the heart of the national economy. Central banks
and well-organized banking systems are found in almost every modern economy and
are a vital ingredient of a well functioning government jurisdiction.
[Para 72]
Almost every money movement eventually involves the
services of a bank or bank equivalent entity. This involvement results from the
need to process checks or make electronic fund transfers. Even if a private
party cashes a check outside the banking network, the check eventually passes
through the banking system in order to have its value drawn from the drawer’s
checking account or deposited to a recipient’s account. Cash transactions often
result in a cash deposit into a bank, if for no other purpose than safekeeping.
Banks are monitorable way stations in the national economy because of their role
in processing private and commercial transactions of any type. These
transactions are monitorable because the banking system is a nationwide
processing network and is substantially unavoidable when any significant
business is transacted.
[Para 73]
The tax system of this invention effectively collects a
preselected, variable and determinable percentage from the value of
substantially every money movement transaction within an economy, whether
national, regional, or local. The preferred implementation collects such a
percentage at two points. The first, as an example, is where the money leaves a
bank of the paying party of the funds. The second, as an example, is where the
money reaches the bank of the receiving party. The two most convenient
reference points are when money leaves an account and when money is received,
such as when funds are deposited into a customer account, such as when a check
or other instrument is presented for payment. For purposes of example and not
limitation, each of the two preselected percentages will be 2.5%.
[Para 74]
With electronic transfers, the recipient’s bank that
receives transferred funds will deduct both preselected percentages, i.e., 5%,
and will credit 95% of the transaction value to the recipient of the transferred
funds. The bank receiving the funds pays one of the preselected percentages,
such as one-half or 2.5% of the deducted tax to a tax jurisdiction or
tax-collecting agency in the state or other locality where the funds were
received. For purposes of example and not limitation, the applicable locality
will be considered to be a state; and such a state tax-collecting agency may be
referred to as a State Revenue Disbursement Authority (SRDA).
[Para 75]
The bank on which the funds are drawn credits the bank of
the recipient of the funds with 97.5% of the face value of the transaction. The
bank on which the funds are drawn pays the remaining 2.5% tax to its local
branch of its State Revenue Disbursement Authority (SRDA). If the bank of the
recipient is outside the jurisdiction of the United States, the payer’s bank
credits the recipient’s bank with 95% of the face value of the payment and pays
a full 5% to its local branch of a SRDA. If the bank of the person paying the
funds is outside the jurisdiction of the United States, the bank of the
recipient of the funds in the United States will pay the total 5% deducted to
its local SRDA.
[Para 76]
This method of tax collection is applied in a new way,
using existing data processing equipment and banking channels, but applying the
tax to the total flow of money. Where present income tax system collects a
single bulk payment gauged to net income, the new method collects many smaller
payments gauged to the circulation of money. In effect, this money movement tax
system may be referred to as a transaction tax or gross receipts tax on any
movement of money, although at a practical level it is a tax on funds leaving
and entering the banking system. Such a form of tax appears to be fully
authorized by the United States Constitution as an excise tax, levied on
monetary transactions. Thus, the tax is applied to any form of economic
activity involving movement of money in a situation that lends itself to
monitoring. Legislatures can implement this system on a
jurisdiction-by-jurisdiction basis, with or without statewide or national
support.
[Para 77]
The money movement tax system has multiple stages and
component parts. The implementation of a system and method of raising revenue
for all levels of government involves administrative processing steps applied to
the existing economic and banking infrastructure. Because this method is
conceived to serve governments and taxing jurisdictions, its implementation
requires enabling legislation. There are numerous difficulties in predicting
the outcome of a legislative effort, due to the mixture of social, political,
legal, economic and other forces at work in a legislative body. Consequently,
some aspects of this disclosure may be viewed as advisory or the subject matter
of opinion rather than factual or mandatory. The intent is to provide the best
guidance for implementing the system. As a particular example, throughout this
disclosure the combined tax rate is suggested to be 5% of each transaction.
This percentage should be understood to be advisory, based upon recent data, and
may be revised without departing from the invention.
[Para 78]
Theoretically, the money movement tax could be applied when
money changes hands for any economic reason. In practical operation, the tax is
applied to every deposit and withdrawal, without necessary regard for economic
reason or the presence of an associated transaction behind it. No type of
transaction necessarily is exempt, although the collection points or nodes in
the economy where the tax is extracted are best located with banks or bank
equivalents, rather than with merchants. The associated or background event
that triggers the tax might be payment for goods or services, although it is the
transfer of money rather than the transfer of goods and services that is taxed.
From another viewpoint, the associated or background event is gross receipts by
any business entity, whether proprietorship, partnership, company, or
corporation, regardless of how such receipts are acquired.
[Para 79]
Each tax collection point or node in the banking system
collects the tax at a predetermined rate or magnitude, such as 5% on each
processed money transfer transaction. The amount of the tax is disbursed to the
various levels of government having a nexus to collected funds. The legislative
authority at each level determines the needs of the level, such as by a typical
budgeting process. The tax rate is set according to what percent of the
projected value of transactions is needed to reach the desired budget level. The
budget requirements of all levels of government having nexus to a collection
node are combined to determine the rate of collection at each node.
[Para 80]
A desirable embodiment of this invention sets a nationwide
standard tax collection rate. The selected rate should be sufficient to satisfy
and exceed the combined budgeted revenue needs of all included jurisdictions.
Thus, budget needs are combined for all local and higher jurisdictions in all
states and at all combined levels of government having nexus to the tax. The
resulting percentage of tax should be sufficient to exceed the combined revenue
needs of most jurisdictions. Each SRDA may acquire excess undistributed
revenue.
[Para 81]
These undistributed excess funds can be held in reserve.
Optionally, the funds can be credited to the lowest government jurisdiction
having nexus to the funds collected. There, excess funds can be used for local
projects or they may be refunded proportionally to the accounts from which the
taxes were deducted.
[Para 82]
In the United States today, over 99% of the value of money
moved is done by electronic transaction. The majority of cash transactions
involve currency received by a merchant and then deposited into a bank. As a
result, these merchant deposits also are subject to an electronic transaction
into the merchant's account.
[Para 83]
The electronic capturing of these transactions is done
through banks, bank clearinghouses, wire transfer services, stock and commodity
clearinghouses, Internet financial clearinghouses, and credit card processing
services. All of these agencies are suitable for selection as nodes of the tax
collection system. Thus, these agencies can be included within the umbrella
term, "banks," and their activities can be included in the umbrella term,
"banking transactions." Suitable electronic money transaction facilities
largely are in place in the banking system and are presently recording fund
transactions. The implementation of the tax system involves additional software
implementation and electronic processing steps, but extensive new facilities are
not required.
[Para 84]
The money movement tax system can function within such
existing structure by requiring an electronic deduction from each banking or
money transfer transaction. Each of the various levels of government
constitutes a tax jurisdiction. Smaller or local tax jurisdictions will fall
within one or more larger or regional tax jurisdictions. These smaller tax
jurisdictions will be referred to as included jurisdictions. The tax collection
system can distribute the collected revenue with electronic efficiency to the
various levels of tax jurisdictions, from high-level regional jurisdictions to
low-level included jurisdictions, which may exist within or overlap the area in
which the taxes are collected.
[Para 85]
According to one embodiment of a method of taxation and
distribution, each tax jurisdiction receives a preselected percentage of each
transaction that takes place with nexus to its local area. Thus, a single local
area may fall within a plurality of tax jurisdictions, from low level to high
level. A transaction that takes place within the local area will be taxed
suitably at a cumulative percentage corresponding to the sum of the tax
requirements of each of those jurisdictions that include the local area.
[Para 86]
According to another embodiment, nexus data is collected
about each transaction, such as the identity and residence or business location
of each party to the transaction. This data may be fully pre-established as in
credit card transactions or partially pre-established as in check transactions.
Such data can be used to determine a tax nexus for transactions processed
outside the parties’ home area. It may be desirable to credit a distant tax
jurisdiction for all or part of the tax, especially if the distant jurisdiction
lacks a bank or other node, or the transaction is large. Each tax jurisdiction
receives a weighted percentage of the total attributed to its area or having a
nexus, as shown by data gathered about each transaction. This method allows an
area to benefit from its citizens’ economic activity, regardless of whether a
transaction takes place within the citizens’ home area or within the tax
jurisdiction.
[Para 87]
Weighting measures the economic proximity of a taxpayer to
each of the several levels of government overlying an area. The area can be
determined by any distinguishing characteristic. For example, a geographical
area can be a physically bounded tract of land such as a subdivision, school
district, city, county, township, state, or country. Alternatively, a virtual
area can be described by a variety of other distinguishing characteristics.
Several examples of alternative distinguishing characteristics are telephone
area code, telephone exchange, or postal code. The area could have associated
with it a unique identifier that can be recorded as a tag on transactions by
that area's taxpayer citizens such as a Global Positioning System (GPS) locator
code.
[Para 88]
Using postal codes as an example, weighting could be done
by an automated computer system in each bank. Such a system can collect the
postal code of each bank customer who either holds an account at the bank or
otherwise transacts business with the bank. Each transaction handled by the
bank is tagged according to the postal code of the transacting party. Then, the
computer can deduct a tax and can attribute the deducted tax to the several
levels of government having jurisdiction over the area comprised by the postal
code of the transaction. Each of the tax jurisdictions will receive a
proportional share of revenue from the tax on monies transferred into an account
tagged to that postal code area.
[Para 89]
A postal code area may be located in multiple tax
jurisdictions of the same level of government, such as multiple school
districts, which may be termed competing jurisdictions. The collected tax
revenue may be allocated between the multiple competing jurisdictions according
to the percentage of population located in each of the competing tax
jurisdictions.
[Para 90]
In this second embodiment, each tax area is not dependent
upon having a proportionate number or size of banking institutions within it.
This method accommodates the economic reality that certain tax areas may have a
disproportionately large or small number of banks within it. Certain tax areas
may process a disproportionate number or size of transactions by visiting
taxpayers. Regardless of these disproportionate factors, each tax area will
receive tax revenue from the monies transacted by its own taxpayers through any
banking institution. A party to a transaction may ensure his tax area will
benefit by providing the appropriate area tag when a transaction takes place.
The tag may correspond either to the home area or the business area of the
party. One suitable way to tag a transaction is by having nexus information
printed on the party’s bank check, such as by a machine-readable address code or
a barcode containing the requisite information.
[Para 91]
In a further adaptation of available technology, the method
of tagging tax areas can be done by global positioning satellite or equivalent
absolute positioning technology. Positional map coordinates can exactly
determine the home or business location of an account holder or other
transacting party. A computer referencing a database of geographical and tax
jurisdiction information can identify each applicable tax jurisdiction within
which a transaction party resides or does business.
[Para 92]
Money movements in commerce consist of both amounts paid
and amounts received. The money movement tax system can be applied in a
consistent manner to either side of such transactions or proportionately to
both. The preferred method is to tax every movement of funds at half the total
tax rate at both sides of the transaction. For example, a total tax transaction
may include deducting 2.5% of the total money movement at the recipient side and
2.5% at the paying side of the transaction for an overall 5% deduction from the
total money movement transaction. Each transaction should be taxed no more than
the combined 5% tax rate. Half of the tax should be applied at the point where
the flow of funds reaches the recipient, and half should be applied where the
funds leave the paying side of the money transfer.
[Para 93]
Sequential processing steps that may involve moving money
through a series of banks should not result in multiple deductions of tax. The
data accompanying a transaction can include the identity of the bank that
applied the tax so that subsequent processors will know the tax already has been
taken. In case the recipient of the funds is outside the jurisdiction of the
United States, the bank from which the funds are paid can credit the foreign
bank with only 95% of the face value of the transaction and will pay the full
deducted 5% to its local SRDA. In case the paying party is outside the
jurisdiction of the United States, the bank of the recipient of the funds
credits the recipient’s account with 95% of the funds and pays the deducted 5%
tax to its local SRDA.
[Para 94]
Government revenue generated by a 5% tax on money movement
in the United States is projected to be far greater than the sum of all current
taxes and other fees that are collected at all jurisdictional levels combined. A
consideration of business practice demonstrates the magnitude of collectable
revenues. An average mix of large and small businesses has an average net
income on the order of 5% to 8% of total receipts, after the costs and
write-offs have been deducted from gross receipts. A 30% conventional tax on
this income of 5% to 8% of total receipts would yield tax revenue equivalent to
about 1.5% to 2.4% of gross receipts of the business. As evident by comparison,
a 5% transaction tax on gross receipts would produce two or more times the
current tax revenues generated by current income tax schemes and would easily
cover the combined revenue requirements at all levels of government in the
United States. Supplementing this benefit, this money transfer tax system will
save most individuals the aggravation of dealing with tax forms and complex tax
legislation. An estimated 10% to 16% of the national work force will be freed
of tax-related duties to pursue more productive activities that can raise the
standard of living.
[Para 95]
Taxing authorities in the United States in 2001 raised a
cumulative 3 to 4 trillion dollars, while the gross domestic product or gross
national product was around 8 trillion dollars. Since the current conventional
taxation systems are primarily based on income, the amount of tax revenue would
be limited by the total of net income generated by individuals and companies
combined. That will prove to be a fatal flaw of all current forms of taxation
and will render the flow of revenue completely unpredictable and disruptive to
managing budgets of all jurisdictions involved.
[Para 96]
The revenue raising ability of the fund transfer tax system
can be best appreciated from the perspective that this tax system is not limited
by income. Similarly, it is not limited as a sales tax or point-of-sale tax
that is linked to the end consumption of goods. Rather, this tax collection
system is applied to substantially every movement of money to or from any person
or entity, without any necessity for a related transaction involving products or
services. It may be viewed as a tax applied against the monetary magnitude of
gross receipts.
[Para 97]
In perspective, if all businesses in a certain tax
jurisdiction have an average net taxable income that is 5% of their gross
receipts, and the tax rate on that 5% net taxable income is an average of 30%,
then the income tax revenue will be 30% of 5% or 1.5% of the combined gross
receipts of the businesses within such tax jurisdiction. If these same
businesses have a bad year such that their gross receipts drop by 10% and net
income drops to 1% of gross receipts, and if the tax rate remains at 30% of net
income (in real life the tax rate drops because of progressive taxation
schemes); then income tax revenue drops to 30% of 1% of gross receipts, which
amounts to 0.3% or less of gross receipts. That is a devastating drop of almost
89% in tax revenue for the jurisdictions having nexus to the taxes collected
from these businesses.
[Para 98]
In the perspective of this invention, the tax system is
applied against a financial total flow of money that is many times larger than
the combined net income of all people and businesses. As compared to this
immediately preceding example, this new money transfer tax would yield revenue
of 5% of total gross receipts of all businesses combined, as opposed to only
1.5% of total gross receipts under the current conventional income tax system.
That is 3.3 times (an increase of 233% over the current income tax system) the
tax revenue from these businesses as compared to the current income tax
collection from the same businesses. In the above example, when the economy
deteriorates and total receipts for these businesses drop by 10% and net income
drops to 1% of total business receipts, this new money transfer tax revenue will
only decrease by 10% instead of decreasing by 89% with the current income tax
collection system. The enormous total increase of 233% tax revenue from the
single money transfer tax will compensate for the elimination of almost all
other forms of taxation.
[Para 99]
The money movement tax is applicable to substantially all
fund transfer methods. These methods are inclusive of check writing, cash
payment, wire transfer, credit card payment, debit card payment, Internet money
transactions, international money drafts, money orders, stock and bond
transactions, and all account settling methods for stock and commodity
transactions.
[Para 100]
By applying the tax at the level of fund transfers
primarily within banking institutions and the like, this tax system eliminates
the need for individual accounting and bookkeeping for tax purposes. Yet there
is an accounting at the exit and the entry end of money transfer transactions so
that better than 99% of all money transfer transactions have an audit trail.
This benefit is directed toward the citizen or small business at the grass roots
level. Individuals and some small or simple businesses are freed from tracking
finances other than for their own information and purposes. The responsibility
for collecting tax and paying it to suitable authorities is removed from these
businesses, since they have met their tax obligation simply by paying their
bills and by depositing their receipts. As a practical matter for many citizens
and small business, bookkeeping can be reduced to a checkbook record and folders
of paid and unpaid bills.
[Para 101]
The invention can reduce tax-related burdens at the grass
roots level. However, larger or more complex businesses and public entities
will still need profit and loss accounting procedures. They will continue to
need accounting for internal controls and for financial reports to stockholders
or partners. The assistance of financial and accounting experts benefits larger
business for reasons beyond merely keeping tax records. Therefore, no system of
tax reform can promise to entirely eliminate all need for financial records.
[Para 102]
A substantial benefit for large and small businesses alike
under a tax system of this invention is that business decisions can be made
without having to consider tax consequences affecting the bottom line. Capital
equipment investments are no longer subject to write-off schemes. Losses made
in one year do not enter into tax considerations in following years. Year-end
income statements need not be manipulated with large write-offs or write-downs
for tax purposes. Long term business planning is no longer in jeopardy for
reasons of uncertainty of ever changing tax laws and regulations and audit
interpretations of nebulous tax laws.
[Para 103]
The individual citizen and small or simple business, which
are proportionally most burdened and challenged by the current income tax
system, could eliminate much detail and drudgery from their daily routines. The
savings to these grass roots taxpayers can be significant. They no longer must
track receipts for deductions, seek tax loopholes, purchase tax shelter
investments, utilize foreign tax heavens, or track tax write-offs. Inheritance
taxes, which are widely acknowledged as detrimental to small sized or family run
businesses, could be eliminated, as well.
[Para 104]
Financial institutions such as commercial banks and credit
card processors are the front line agents for administering this tax system.
Their existing accounting and processing systems form a base for administering
the method. The services and equipment employed by banks and other money
movement agencies constitute the primary infrastructure for collecting tax
revenue by this method.
[Para 105]
Tax determination, collection and distribution can be
localized to preserve governmental accountability to the people. The regional
character of a financial institution may serve as a basis for allocating tax
shares to the corresponding state and local government. A set of data can be
gathered for each transaction to identify the source of taxes and assist in
allocating the distribution of the collected tax. This data set includes the
recipient's identity and the identity of the recipient’s local tax
jurisdiction. The local tax district typically is that of the individual or
business that received payment. A portion of the tax collected is paid to this
same tax district. A similar data set can be gathered about the payor. This
information is coded and can be used to distribute a portion of the tax to the
payor's local district.
[Para 106]
The sets of data identifying payor and recipient can
provide accurate economic data about each area of the economy. The sets of data
may gather specific alphanumeric codes that identify each category of business
on either or both ends of a money transfer transaction. This data can produce
an improved quality of localized economic information about each geographic
region. For example, car dealers in each geographic region are assigned their
own code number, which will enable a daily report of automobile purchasing
activity on a local, regional, or national scale.
[Para 107]
This data can provide highly accurate economic statistics,
which can be utilized for numerous beneficial purposes including economic
forecasting, tracking income distribution, adjusting inventory, and recognizing
popular trends. The data can be posted on the Internet as public record with
almost immediate public access. Businesses can track and respond to developing
commercial events and trends. Governments can act upon certain economic trends
more immediately by increasing or decreasing their own financial activities to
stimulate or temper the economy, as needed.
[Para 108]
A localized tax system may establish the tax rate, collect
the tax, and distribute it on a diversified, state wide but preferably county
wide, city wide, or other local jurisdiction basis. An advantage of a localized
system is that it can localize financial decisions and maintain governmental
accountability. The local voters will see the impact of the deducted tax in the
cost of local business services and goods. The local tax rate will be increased
by the tax rate required by all higher taxing authorities that overlap or
include the local authority. Thus, a local, city-wide tax jurisdiction might
impose a 5% transfer tax in order to collect 2% demanded nationally by the
federal government, plus 2% demanded by the state, plus 1% for county and city.
[Para 109]
The public perception of a fund transfer tax system should
be favorable as compared to the present system of withholding taxes from
paychecks. Under an income tax system, employers withhold a portion of every
employee’s periodic paycheck and submit the withheld tax to government on the
employee's behalf. This currently withheld tax is highly visible and appears on
every periodic wage statement. Regrettably, the withholding tax does not
satisfy the government or release the employee from keeping records,
self-reporting, and paying deficiencies, annually. Thus, citizens have frequent
and unsatisfactory interaction with the current income tax system even at the
level of the individual employee.
[Para 110]
In contrast, the fund transfer tax system is less visible.
Overall record keeping is substantially less than is required for the income tax
system. The individual taxpayer need keep no records and is not subject to
enforcement and audit. The transactions from which the tax is deducted can be
adjusted to substantially eliminate the perception of taxation. Each seller of
goods or services can accommodate the money movement tax system by remaining
aware of the rate of taxation and adding the appropriate amount to the billing
price of goods and services. An increase in price or service fee equal to the
rate of tax effectively compensates for the percentage tax that will be deducted
from each deposit to a bank account.
[Para 111]
Just as the merchant can calculate the tax into his sales
prices, an employer can add the percentage of the tax to wages and salaries paid
to employees. Such additions can compensate for the amount to be deducted when
funds are deposited to banks or paychecks are cashed. In the case of employee
paychecks, the 5% tax can be presented directly on the paycheck as an amount
that the employer has added. The paycheck can present the wages as a net
amount that will be paid or credited to the employee. The paycheck can carry a
separate data entry for the amount of the tax to be collected by the bank when a
check is deposited or cashed.
[Para 112]
A deposit of a paycheck to a bank account will involve at
least two accounts: the employer’s account for withdrawal and the employee’s
account for deposit. When the two accounts are located at separate banks, such
a transaction will involve two banks: the employer’s bank and the employee’s
bank. Each of the two banks deducts the money movement tax of, for example,
2.5%. In total, the tax is a combined 5%. The deposit to the employee’s
account reflects the face amount of the check less the 5% tax, producing a 95%
deposit to the employee’s account. The employer’s bank deducts 100% of the face
amount of the check from the employer’s account and transfers the face amount
less 2.5% tax to the employee’s bank, producing a 97.5% transfer to the payee’s
bank. The payee’s bank deducts another 2.5% from the funds arriving from the
employer’s bank and credits the residual 95% to the employee’s account. Each of
the banks transfers the 2.5% tax to a separate tax account. The transaction
does not require an actual deposit to the employee’s account. In addition, the
bank cashing a check or depositing a check may charge a service fee.
[Para 113]
Variations in how a check is negotiated will produce the
same quantitative deductions. If the paycheck is merely to be cashed, it can be
cashed either at employee’s bank or employer’s bank. In either case, the
employee will receive 95% of face value. The employer’s bank will deduct 2.5%
upon moving funds out of the employer’s account, and the bank receiving the
moved funds will deduct an additional 2.5% tax. If a single bank handles both
side of the transaction, such as if the employee cashes the check at the
employer’s bank, or if the employee and employer use the same bank, then a
single bank deducts the entire 5% tax. However, for bookkeeping purposes, 2.5%
is deducted upon withdrawing the funds from the employer’s account, and 2.5% is
deducted upon payment to the recipient employee. While this example focused
upon a single common type of check negotiation, it demonstrates a preferred
method of collecting tax upon a money movement represented by a check or other
negotiable instrument, whether viewed from the perspective of a deposit or a
withdrawal.
[Para 114]
Each business, by doing business with a bank, indirectly
helps to collect the tax. However, the business need not experience the tax as
a loss of income if the amount of the tax was anticipated and added by the
business to the price of goods sold or services rendered. The buyer of the goods
or services does not experience the tax either because it is incorporated in the
price of the goods and services.
[Para 115]
Wage earners should anticipate that the tax percentage
would be deducted from each paycheck when it is negotiated, but the net amount
to be paid out by the bank can be written or printed in the usual right hand
position on the check, while the tax amount can be shown at another location,
such as in the lower left hand of the check. The impact of the deduction is
quite small, and generally it is less than rates of withholding tax under the
income tax system. Employers can issue payroll checks that clearly state the net
amount employees earn in bold and show an additional smaller (about 5.3%) amount
paid to the employees in the form of an employer’s contribution that compensates
exactly for the 5% tax deduction made by the bank from the deposit. The mental
impact of tax to the employee will be minimal, knowing the anticipated tax
amount already has been included in the paycheck. Thus, income can be
maintained at true net wage or salary.
[Para 116]
Those who deposit cash into a bank account may see the fund
transfer tax most directly, as the bank receiving the deposit deducts the entire
tax percentage from the cash deposit. Thus, some cash likely will not be
deposited into banks. Large cash recipient businesses will have to make
substantial cash deposits to meet payroll and merchandise payments. Such larger
businesses like grocery stores, department stores, amusement parks, fast-food
establishments etc. may be required by law to deposit all cash received.
[Para 117]
A cash economy may be favored among smaller businesses and
those who wish to save on taxes. An underground or cash economy is reported to
exist with our current income tax system. There would be no reason to expect
the cash economy to expand in any substantial way. The incentive to avoid a
small tax such as 5% is smaller than incentives to avoid taxation under an
income tax system.
[Para 118]
Under the current income tax system, cumulative incentives
encourage cash transactions. For example, an unreported cash purchase and sale
transaction might avoid sales tax, which is often more than 5%. A seller
receiving undocumented cash might not report the cash for purposes of income
tax, which would reduce the seller’s total reported income and result in a lower
income tax liability.
[Para 119]
However, conducting substantial business for cash is
dangerous, difficult, and in some instances, impossible. A large portion of
modern commerce operates through transactions by credit card, debit card, and
negotiable instruments, all of which enter the banking system at some point.
Thus, a money movement tax system will apply to the total value of substantially
all banking transactions and reach substantially all money transfer
transactions. Cash transactions likely will amount to less than 1% of the
total.
[Para 120]
Systems of taxation traditionally exclude certain types of
activities and offer special treatment to others. The money movement tax system
essentially has no tax returns and does not offer an opportunity for the
taxpayer, himself, to declare favored tax activities and deduct donations.
However, the money transfer taxation system can make provision for special
situations. Some of the more common special situations are addressed here and
provide concepts that can be applied whenever and wherever needed.
[Para 121]
Optionally, the tax treatment of traditionally tax-favored
entities is changed in a way consistent with the overall goal of simplifying
taxation or to accommodate the needs of such tax favored entities.
Traditionally, donations to charitable or non-profit organizations have been
tax-deductible. Because this new tax collection system no longer requires the
filing of individual tax returns, charitable contributions no longer provide
tax-deductible items as a direct financial benefit to the taxpayer. Of course,
it would be possible to permit the transfer of money to certain organizations
without deducting a tax percentage. However, such special exceptions to the tax
collection system would be inconsistent with goals of achieving uniformity and
simplicity in the tax system. Donations to support charity would remain
possible at the taxpayer's discretion, although without creation of special
processing for such donations, a donation would be subject to tax on the money
movement transaction.
[Para 122]
Optionally, this money movement tax system can provide for
a standard share, for example 10%, of the total 5% tax revenue, to be reserved
for payments made to causes chosen by the individual taxpayer. Such payments at
the direction of the taxpayer can support traditionally deductible contributions
to charitable and beneficial organizations such as charities, political parties,
election funds, and the like in a method compatible with the desires of the
individual citizen or taxpaying entity. The parties to any money transaction
can be permitted to take advantage of the computerized aspect of the tax system
by identifying a beneficiary charity at the time of making a money movement
transaction. According to one method of supporting such organizations, the
charity obtains a tax code that is associated with its bank account. An
individual wishing to contribute to the charity submits this code as a data tag
to a bank together with a transaction for deposit. The code causes the bank’s
automated data processing equipment to apply special treatment to the
transaction. Specifically, the code causes the bank to route an allowed share
of the normal or 5% tax payment to the account of the indicated charity. Thus,
for example, an employee depositing a paycheck could donate 10% of 5%, which is
0.5% of the check, to a charity.
[Para 123]
According to an optional modification, the holder of a bank
account is allowed to designate that a specified share of all taxes derived from
transactions with the account will be shared with one or more charities
designated by the account holder. With the elimination of traditional income
tax returns, this method of charitable support is best implemented by allowing
each taxpayer to designate his chosen charities and other desired
contributions. Enabling legislation can authorize a contribution limit, either
in a percentage or an absolute amount. Thus, for example, an employer could
mark its payroll account to donate 10% of 2.5%, which is 0.25% of payroll, to
charity. If this option is chosen, each side of a transaction may be limited to
a percentage of its half of each transaction. Thus, the employee depositing a
paycheck may be similarly limited to donating 10% of 2.5% to charity.
[Para 124]
The selected contribution may be deducted from the
collected tax and subtracted from the share of one or more of the overlying tax
jurisdictions. For example, the two highest-level tax jurisdictions will be
state and federal government. Following traditional practice, shares intended
for these two high level jurisdictions could be slightly reduced to allow for
charitable contributions.
[Para 125]
As another option, any local tax area or tax jurisdiction
can authorize the collection of a supplemental amount or surcharge to benefit
charity. This charitable support would be collected along with tax amounts for
the tax jurisdictions, treating local charity as another tax jurisdiction. The
charitable share can be set according to the reported needs of local charity or
at a level corresponding to traditional donations from the tax area. Thus, the
local tax rate can be increased to include the expected contribution. With a
special fund collected for charity, each tax jurisdiction will receive its full
allocation, without deductions; and the parties to a money movement transaction
need not or cannot redirect to charity any portion of their transaction taxes.
[Para 126]
As an example, if an employed citizen wished to donate the
maximum tax-free contribution to a charity XYZ, he could do so by filing a
notice of charitable contribution to XYZ at 100% of the permitted amount with
his bank. This information would be coded as an attribute of his account, to
which he deposits his wages. Correspondingly, as the bank collected the
standard percentage of tax from deposits to the account, the bank's processing
system would react to the coded charity information to record and reserve 100%
of the legislatively permitted charitable percentage from that citizen's bank
account deposits. Such a charitable percentage would be a sub-component of the
transaction tax, included within the tax percentage taken from each
transaction. The bank, or a higher administrative authority, would collect and
transfer the reserved funds to the charity on a regular basis. The
tax-supported aspect of this contribution would generally be proportional to the
citizen's income, while being limited in percentage. Similar results and
limitations are found under the present income tax system, and it appears that
charities currently are satisfactorily supported.
[Para 127]
Another optional method of funding charity is to allow the
bank or other tax agency to calculate the donor’s intentions from the donor’s
indicated percentages of 100%. A pre-established entitlement limit such as 10%
may cap the total available deduction from any one taxpayer. A cap on donations
to any one charity may help to diversity of donations among several causes. For
example, the individual charity cap may be 25% of the donor’s total available
entitlement, which would require that the donor elect at least four charities if
he wished to use his entire donation entitlement. Any unused part of the total
entitlement could be directed to a legislatively chosen public cause, such as
reducing the national debt.
[Para 128]
If a donor elects 100% donation to a single chosen charity,
the bank’s tax software would calculate the allowable donation. This sample
instruction would result in application of the individual charity cap, such as
25% of total available entitlement being given to a single chosen charity. The
election of additional charities results in all donations being pro rated
against the entitlement limit. Thus, four donations of 100% would result in
four charities receiving 25% of the entitlement limit. Five donations of 100%
would result in five charities receiving 20% of the entitlement limit. Thus,
the donor can designate any number of charities to receive his donation on a
relative basis between 0-100, while allowing the tax software to calculate the
pro ration.
[Para 129]
This new system of supporting charity can be expected to
raise more charitable contributions than conventional systems. Often citizens
have good intentions to contribute to charitable causes but fail to act upon
them. This problem is overcome because the tax collection system empowers each
citizen to direct a limited personal fund of predetermined size or percentage to
charitable causes, without obvious cost to the citizen. In addition, a
compilation of the population’s choices to receive this discretionary fund would
provide an accurate database showing public sympathies and favorite causes.
This database would provide an accurate picture of public opinion on many
subjects. Funding political campaigns from this source diminishes the influence
of special interest groups and gives more political weight to the opinions of
the popular majority.
[Para 130]
Further, the money movement tax collection system may
provide that any part of the charitable share of collected funds is lost by
default to the tax jurisdictions if a taxpayer fails to direct the prospective
contribution to a charity or cause of his choice. The ready availability of
funds for charity would offer a strong incentive for each citizen to select and
support charitable causes. The potential loss of otherwise readily available
funds can motivate charitable organizations to more strongly promote themselves
and their works. The transfer tax demonstrates likelihood that it will improve
the welfare of society. It may increase the involvement of the individual
citizen in choices to support a wide range of programs to benefit the general
welfare, whether in areas of religion, environment, health, education, or the
like.
[Para 131]
Preserving or creating additional sources of tax revenue
can benefit governments and society for a variety of reasons. Supplemental tax
systems can co-exist with the fund transfer tax system and may serve additional
purposes. For example, it may be desirable for real estate property taxes to
remain as a separate source of governmental revenue. The power to tax real
estate permits legislators to limit or oppose monopolies in real estate
property. Other indirect consumption taxes such as gasoline and utility
consumption taxes are useful for applying an economic incentive to preserve the
taxed resource. In addition, because these taxes are automated and included in
regular billing statements or other payments, they do not add to the
record-keeping burden of the average citizen.
[Para 132]
Such additional sources of government revenue may be
desirable in certain tax jurisdictions. For example, a supplemental source of
tax revenue would aid a tax jurisdiction that does not have sufficient nexus to
money transfers to meet its special budget needs.
[Para 133]
In order to encourage or at least to not unduly inhibit
certain sizes and types of transactions, a special rate of the tax can be
established to apply in appropriate circumstances. The tax applied against a
money transfer transaction can be keyed to transaction size or to the type of
financial transaction. For example, stock, bond, and commodity transactions may
be taxed at an extremely low rate. Wire transfers may be taxed on an inverse
sliding scale, such that the larger the transaction, the smaller the percentage
deduction. A similar inverse sliding scale may apply to checks drawn in large
amounts. The money transfer tax on cash deposits may be small or zero, to
provide an outlet from the cash economy into the banking system. On the other
hand, cash withdrawals may be taxed higher, as a disincentive.
[Para 134]
Thus, by allowing special tax percentages, this tax system
still can address special needs, preferences and policies. Significantly, the
average citizen is not burdened by these special situations unless he chooses to
become involved with them. Unlike the citizen’s treatment under current tax
laws, his ignorance does not lead to civil or criminal penalties. A citizen
having dealings with a charity, stockbroker, or other favored entity receiving
special tax rates can receive timely guidance from the favored entity, itself.
In substantially all cases, the only action required of the citizen is to add a
code to his check, if paying by check, or otherwise ensure that the transaction
is tagged with the appropriate code for special treatment.
[Para 135]
A software system or Internet based accounting system for
the banks receiving or paying the transaction amount performs the appropriate
calculations and fund routing. Thus, a charity, stockbroker, or favored entity
bears the burden of gaining approval for special handling of its accounts with
the government or taxing authority. A bank must obtain a suitable
identification code that it can supply to those who transfer funds to it.
Finally, banks must ensure that the software routines in the tax processing
computer systems are functioning properly to apply the special tax rate and
route funds to the favored account. As consistent with this tax system, the
larger and well-funded entity bears substantially the entire burden of
administering the system. Banks and similar financial institutions are audited
regularly even without serving as tax collectors. Similar close scrutiny by tax
authorities under the money movement tax system would be fully appropriate and
properly applied to suitably prepared and capable entities. The average citizen
is freed from substantially all burdens, although by simple steps he can express
optional financial choices.
[Para 136]
Once implemented, the money movement tax system should
relieve citizens and many businesses of tax related record keeping requirements
and reporting requirements. Numerous individuals and small enterprises in the
country would gain privacy and a sense of integrity because they are neither
called upon to self-report nor subjected to the burden of audits. In addition,
many entities will see an immediate reduction in overhead costs and/or increase
in useful productivity by being relieved of the tax accounting burden and
expense.
[Para 137]
In operation, the tax system may be structured as described
in the following advisory examples:
[Para 138]
The tax rate for all transactions below $100,000 could be a
total of 5%, which is partially deducted at both ends of the transfer at 2.5%
each. Above $100,000 the tax rate can be established on a sliding scale that
decreases to 2.5% for a $2,000,000 single check or wire transaction and further
decreases on a sliding scale to 2% for a single $5,000,000 transaction. The
dollar values on the sliding scale can be established as of a base date, such as
January 1, 2003. Thereafter, the dollar values can be adjusted to accommodate
changes in cost of living and inflation in general.
[Para 139]
The money movement tax can be applied to selected types of
activities, which may be deemed special activities, in ways that accomplish
social, economic, legal, or political objectives. As one example, the tax on
stock and commodity trade settlements may be set at a rate that will temper
manipulative, short-term trading but will maintain a healthy flow of
transactions to maintain good market liquidity. This type of market management
seems desirable, based upon the opinions of financial experts who suggest that
free enterprise will benefit if manipulation of financial markets is tempered.
The lower rate is implemented by use of a code submitted to a bank with each
transaction or arranged as a property of the related accounts. The code causes
the transaction to be given automated special handling, which is dictated by
software associated with the code. The software may cause a special tax rate to
be applied to the transaction. The stockbroker or commodity broker must obtain
the code and ensure that the associated software routine performs in the desired
fashion.
[Para 140]
Other types of money transfer transactions, i.e., transfers
of stocks, bonds, mortgages etc., can be taxed as deemed appropriate. Each
transfer of a stock, bond, mortgage and other type of security and commercial
paper is subject to a suitable tax at a low percentage rate. These extremely
low levels of taxation on large financial transactions should be maintained at
levels that temper financial manipulation, yet allow for an adequate number of
transactions to take place in order to keep the financial markets fluid.
[Para 141]
A business that is planning a price structure for its goods
or services knows what margin is required for the business to succeed. With the
further knowledge that a tax of 5% will be deducted automatically from the
amount received, the business can increase gross sales price by, for example,
5.3%, to compensate for payment of the 5% tax. This added cost to the price of
a product or service is similar in financial impact to the cost of the 1% to 3%
of each credit card sale as is commonly charged to merchants by a credit card
processing company. Presently the majority of businesses do not impose a retail
price difference upon transactions by credit card versus those by cash or
check. This evidence suggests that the price burden of a gross receipts
transfer tax sized on the order of 5% is minor and of little impact on the
overall business economy.
[Para 142]
This similarity in percentage of cost suggests that
businesses have found a corresponding benefit that offsets the credit card
percentage burden. The processing fee a business pays to a credit card company
may be offset by the benefit of fewer unpaid accounts, elimination of losses by
bad checks, and a possible increase in customer purchases due to the ready
credit available on a credit card. Similarly, a business may find the
transaction tax profitable in other ways, such as in reduced time and costs of
tax accounting, and in reduced record keeping and reporting related to
withholding payroll taxes.
[Para 143]
With the elimination of payroll withholding taxes as
unnecessary, employees may find a net increase in take-home pay corresponding to
part of the savings in cost of administration to the employer. The software
operating the tax system can be modified to assist administration of employment
benefits. Employers may be required by law to pay wages and salaries on
specially marked checks, such as with bar codes or other electronically readable
markings. These codes can indicate the amount of extra benefit payments that
have been included within the check. When the check is deposited, the codes
cause special handling. The benefit payments can be deducted by the banking
institution and paid to the appropriate benefit providers, as implemented by the
software routines activated by the codes.
[Para 144]
Under the new taxation system of this invention government
revenues can be in excess of what is raised by the income tax system as it is
operated today. The implementation of a money movement tax holds the potential
to increase the quality of life in the tax jurisdiction. Increased revenues
might be used for increased public expenditures to enable improved quality of
life and improved public services. Thus, it would be possible to improve parks,
public swimming pools, beach facilities, public schools, libraries, city halls,
performing arts centers, universities, basic research centers, airports,
harbors, roads, and public transport. The jobs eliminated from the 30,000
taxing agencies can be recreated in these areas of increased public
improvements, bringing about better quality of life.
[Para 145]
With reference to the drawings, Figure 1 shows an
implementation of the transfer tax system. The steps can be conducted in an
incremental manner so that the system's operation and revenue producing
capability are reliably established before traditional income tax is
terminated. The first step is a legislative adoption at block 10 of a money
movement or gross receipts tax system. Adoption at the federal level is most
desirable, since the federal income tax system comprises the heart of the
problem for the citizen taxpayer. The cooperative adoption by one or more
states is equally desirable and perhaps essential, since states tend to follow
the federal income tax scheme. Various city or local tax systems could follow
the federal and state schemes in due course. These local jurisdictions would be
encouraged to follow the same system, since the local citizen or business would
object to maintain records purely to satisfy a local taxation scheme.
[Para 146]
An ideal implementation of the new tax system would
establish an identical tax percentage in all locations of the country, replacing
other forms of taxation and licensing fees, with possible exceptions for
separately collected property tax, energy tax, and fuel tax. In order to adopt
an operable system, suitable tax collecting authorities or agencies may be
established or authorized at block 12 and equipped to administer the system. In
a network of tax jurisdictions collecting their revenues according to a budget,
it would be desirable for a central tax collecting authority, such as a local or
state authority, to accumulate the budget needs of participating tax
jurisdictions within the state, including the federal government's partial
jurisdiction over the state. Thus, one or more central tax collecting
authorities, such as state level authorities, are established to monitor tax
revenue needs within one or more centralized areas such as states.
[Para 147]
On a periodic basis such as the budget year, each
jurisdiction must determine a budget, considering its needs for the period. It
is desirable to predict or estimate a gross value of monitorable money movement
transactions having a nexus to the jurisdiction. The central tax collecting
authorities might provide estimates to the jurisdictions within its area. Those
transactions provide the base that will be taxed over the year. One approach to
obtaining this economic data is to poll banks and banking entitles serving the
tax jurisdiction for their expected volume of transactions having a nexus to the
jurisdiction. Other helpful economic data may include local rates of growth,
consumer spending, factory productivity, and inflation rate data.
[Para 148]
After analyzing relevant budget and economic data at block
14, each tax jurisdiction can set its own applicable tax rate or rates at block
16. This rate is expected to be at least the percentage that the budget
constitutes of the applicable projected gross money movements having nexus to
the jurisdiction. As a matter of efficiency and economy, a state level office
can gather budget reports, perform the economic study, and set the local tax
rate for each of the included local jurisdictions. The tax rate set for each
local area will cumulate the necessary rates to satisfy the local budget and all
higher-level budgets. Thus, each local area collects the cumulative tax
required for itself and for every higher tax jurisdiction that has nexus to the
local area. In addition, a tax authority at any level should be able to review
and audit the operations of any other agency to determine compliance with the
tax laws.
[Para 149]
It may be desirable for a single tax rate to be set over a
statewide area or other high-level region. A state level office can determine
the necessary tax rate by cumulating the budgets of all included tax
jurisdictions and comparing the total to the expected total of money
transactions in the same regions. A single high-level tax rate is likely to be
based upon more accurate and reliable economic data due to the larger size of
the database and, perhaps, the availability of more economic expertise.
[Para 150]
The tax authorities also receive the deducted tax funds
from the various banking or financial institutions and distribute the funds to
the participating tax jurisdictions in proper amounts. Alternatively, the tax
authorities oversee that the banks, themselves, properly distribute the
collected tax. Banks can perform the distribution function through electronic
transfers to the tax jurisdictions on a frequent basis, creating a regular or
continuous flow of funds.
[Para 151]
The federal Internal Revenue Service presently performs
certain of these functions. That agency is suited to serve the federal
government in the same capacity under the new taxation system, although likely
needing far fewer employees. Noting that the preferred operation of the tax
system is centered at the state or local level, it would be appropriate for
state or local agencies to be active participants in the administrative
process. For purposes of example, the system will be described with respect to
a statewide central revenue disbursement authority (SRDA). The functions of
SRDA can be carried out either at a lower or higher level.
[Para 152]
The system must be made operational. Banks and other
selected financial processing institutions will be informed of the tax to be
collected and will administer collection of the tax against applicable money
movements at block 18. Terms such as "bank" or “banking entity” will refer
broadly to any entity that processes money transactions and is charged by law to
collect the tax. A narrow and specific definition of a bank is a business
establishment in which money is kept for savings or commercial purposes or is
invested, supplied for loans, or exchanged. Banks falling within this
definition constitute important parts of the tax collecting system. However,
still other types of businesses may become parts of the tax collecting system.
Businesses that cash checks for the public may be regarded as banks, because the
processing of checks is a major form of money movement. Similarly, credit card
processing companies oversee large money movements. Any of these may be
authorized and required to participate in the tax collecting system. Generally,
banks may include commercial banks, merchant banks, savings and loan
associations, credit unions, financial processors such as credit card service
companies, savings banks, Federal Reserve banks, check cashing businesses, stock
brokerages, and securities clearing houses.
[Para 153]
These financial institutions are of differing size and
ability. A major bank may include clearing functions or tax submission
functions within its structure. Smaller banks may perform only limited internal
processing and may send out much of the remaining processing to clearinghouses
or larger banks. The description of steps performed by a bank may refer to
multiple steps performed by a single banking entity or by sub-units within a
single institution, or by an association or series of separate institutions
operating in cooperation. It would be preferred that all banks be associated
with a computerized network for processing financial transactions, such as, for
example, the Federal Reserve System.
[Para 154]
Suitable software is a key element to the success of the
system in taking over the burden from the small taxpayer. Account management
programs must accurately and uniformly collect and submit the tax. The software
must respond to any codes indicating special handling of any transaction. If
desired, the processing software may detect and correct double taxation for
certain transactions such as credit card payments. Banks should be entitled to
fair compensation for their services in the collection system.
[Para 155]
Each bank processes money transfer transactions, deducts
tax, and transfers the tax to an agency in the tax distribution system, such as
SRDA. Automated check reading equipment and similar processing equipment can
review each incoming transaction and all accompanying data, such as indications
of applicable tax jurisdictions in order to apply the correct tax rate, if
various tax rates are employed. Transactions also are automatically reviewed to
discover special codes or other indications that special handling is required,
at block 20. In the absence of required special handling, the transaction is
processed for the normal deduction of tax at block 22, as required by the
applicable jurisdiction.
[Para 156]
Where appropriate due to special codes or account
attributes, transactions are given special handling at block 24. This arises,
for example, when a transaction carries a code calling for a low tax rate,
donation to a charity or special fund, or sending payment to an employment
benefit provider. Special handling may include substantially any sort of
processing outside normal processing. The party benefiting from the code is
responsible for arranging the special handling, such as to ensure that a special
fund 25 has been established to receive the suitable contributions. If any
amount of tax is collected by special handling, the tax is submitted to SRDA at
block 26.
[Para 157]
The tax agencies or SRDA receive the taxes from banks at
block 26. Their function includes distributing the tax to each included
jurisdiction at block 28. Distributing may take place by forwarding proper
shares of tax to the various included tax jurisdictions.
[Para 158]
In a typical tax collection process, the initial
tax-collecting agency, such as a bank, receives a transaction, identifies and
processes codes for special handling, deducts the appropriate tax and performs
any special requirements. The bank then transfers the deducted tax to the
appropriate tax authorities and distributes special items to other appropriate
recipient accounts. Accordingly, the collected taxes are directed at block 28
to the tax jurisdictions, and any other special collected funds are distributed
to the suitable recipients at block 25.
[Para 159]
Almost any citizen easily can interact with the tax system
in order to take advantage of special tax rates and provisions. This
interaction can be initiated by use of a bank check or draft 30, shown in Fig. 2
to include conventional data area 31 including drawer’s nexus information such
as name, address, and telephone. The design of the check includes the addition
of a special entry field 32 positioned for automatic reading by check processing
equipment. The specially configured checks 30 are used in the tax system to
carry an optional code field 32 for indicating special handling. The maker of
the check can enter one or more codes to identify a charitable payment, stock
transaction, or other type of payment deserving a lower rate of tax or other
special handling. The code entry may have multiple fields to convey a
preselected variety of information, such as both a code and an amount of money.
One code field on paychecks can list the amount of the proper tax deduction so
that the employee can be assured he is receiving the proper net pay.
[Para 160]
The exact content of the code fields and the scope of
information are variable according to the prearranged needs of particular
situation. Ultimately, a code may call a particular software routine to process
the check in a prearranged way. A code may refer to a bank account of a
special recipient of funds, who is entitled to receive funds with special tax
handling. A code may indicate a size of deduction from the transaction for such
a special account. Placing a code on a check is merely one convenient way of
obtaining special handling of a transaction. Any transaction can be coded, such
as by entering a code electronically when depositing to an automatic teller
machine, informing a live teller to enter a particular code, entering a code
with a credit card transaction, or entering a code on an informational report
such as a deposit slip when performing a transaction. Internet banking may
provide additional possibilities for on-line money transactions and associated
coding.
[Para 161]
In minimizing burdens on the ordinary citizen, a check or
other payment should require no more than a code entry to remove the check from
the normal tax collection process and initiate special handling. For example, a
coded entry to designate a charitable contribution or any other special factor
should trigger a software handling routine that performs all other necessary
processing. The burden of ensuring that the processing is correct falls upon
the entity holding the code. Business checks such as paychecks may carry plural
code areas 32 in order to enable complex coding and handling, such as processing
benefit payments as previously described. The code area 32 permits an
alphanumeric entry, a bar code, or other machine-readable entry.
[Para 162]
Figure 3 shows the general operation of the money transfer
tax system. One type of transaction is a one-party transaction, such as a
report of cash on hand. A true one-party transaction, in which no transactional
source of the funds is involved, may be rare, but the tax system will
accommodate it.
[Para 163]
Most transactions can be analyzed as two-party
transactions, where money is transferred from a first party to a second party.
The first party typically will be a transferor of funds consisting of cash,
credit from a credit account, or value from a stored account, i.e., savings or
checking. The second party receives the funds and deposits the funds to an
account in a bank. Depending upon the structure of the tax system, the
two-party transaction may focus upon the receipt of funds, the payment of funds,
or both. A two-party transaction may resemble a one-party transaction at the
point the second party deposits a check into a bank. However, the two-party
transaction offers at least two extra features: the tax nexus of the first
party may be included in the data associated with the deposit, to influence the
eventual distribution of taxes; and a check may carry a code for special
handling of some aspect of the transaction at the first party’s election.
[Para 164]
Another type of transaction is a three-party transaction.
The first and second parties may be purchaser and seller, respectively. The
third party likely is a credit supplier, who aids the transaction by paying the
second party for the purchase made by the first party. In due course, the first
party repays the third party, often with interest. This situation adds new
complexity to the operation of the tax system. A variety of specific one-,
two-, and three-party transactions will be applied to the scheme of Fig. 3 to
show available tools for fairly operating the tax system.
[Para 165]
A cash transaction provides a simple example of the
system's operation. Because the tax can be universally applied, the purpose or
origin of the cash is not necessary information, although a code may be applied
to a cash transaction as readily as to other types of transactions. In one
form, the transaction starts with a party who receives cash in a money transfer
at block 34 or otherwise is in possession of money. Because no first party
payor will be identified for purposes of a one-party transaction, the single
party can be referred to as the second party payee who is in possession of a
payment or quantity of money from any source at block 36. The second party is
a financial customer who will use the service of a financial institution. The
cash can be accounted for and taxed with or without an associated deposit
transaction of the cash into a bank.
[Para 166]
A first type of one-party transaction is the voluntary
report of cash received, such as by a business holding cash-on-hand at block
36. The holder of the cash prepares a report and files the report with a bank
at block 38, without a deposit of the cash. Such a report may be similar to a
deposit slip with added data fields for tax nexus information. If the holder
wishes to keep the cash instead of depositing it, the holder submits the report
together with a payment for the tax due on the cash, if any. The preferred
method of operating the tax system imposes no tax on a pure cash report to a
bank. In this mode of operation, the bank records the reported data without
deducting any tax. The transaction complies with the processing scheme of Figs.
3, wherein the bank reviews the deposit slip for applicable special coding at
block 40 and notes coding showing a cash report. At block 54 the bank applies a
special tax rate such as zero for a cash report and forwards the zero collected
tax to a tax collection authority at block 44.
[Para 167]
If it is optionally decided to tax a cash report, the bank
may find that no special code appears at block 40 and will process the receipt
of the accompanying suitable tax amount at block 42. The bank then directs the
tax payment to a fund of collected taxes at block 44 and records any related
data from the cash report form. If a cash report is to be taxed, the proper
rate is one-half the full tax rate, such as 2.5%, because the one-party
transaction resembles only one-half of a full, two-party transaction.
[Para 168]
As another alternative, the cash report is submitted at
block 38 without any accompanying tax payment, but the reporting party holds an
account at the bank. The bank can deduct the tax at block 42 from the reporting
party's existing account balance with the bank. Because cash is spendable
without the intermediate services of a bank, the loss of the tax amount on each
cash deposit may discourage any sort of cash deposit. Thus, a wise provision
would allow the deposit of cash with little or no tax on the transaction.
[Para 169]
After the bank has obtained the appropriate tax, if any, on
the report, the bank electronically transfers the tax funds and the data from
the cash report to a tax agency such as the State Revenue Disbursement Authority
(SRDA) at block 44. As an alternative, the banks in a geographic area may
submit their taxes and reports to a local tax agency serving the area. Using
electronic transfers and a computer network, the tax agencies can route and
reroute tax submissions however desired or required.
[Para 170]
In a second type of one-party cash transaction, the cash
held at block 36 is deposited to a bank account, accompanied by a cash report,
at block 38. The bank receives the deposit and cash report, considers special
coding at block 40, deducts the appropriate tax for one-half of a full
transaction on the full reported sum at block 42, and credits the remainder to
the taxpayer's account. The bank completes the transaction by transferring the
tax and the data from the cash report to SRDA at block 44.
[Para 171]
Another half of the full transaction takes place in a
one-party cash withdrawal from a bank account, where the withdrawal request is
processed at block 38. Once again, the withdrawal is reviewed for special
processing at block 40, where either a special rate is applied at block 54 or a
standard rate of one-half of a full transaction is applied at block 42. Any tax
collected, such as 2.5%, is send to the central tax authority at block 44. Any
entity providing a withdrawal or cash advance must act with knowledge that the
check or credit charge enabling the cash advance faces possible taxation and
adjust its service charges accordingly.
[Para 172]
In a third type of cash transaction, a first party at block
34 creates a money transfer by electing to obtain cash by cashing a check. The
first party buys the services of a second party check cashing entity that
accepts a check in payment for returning a certain amount of cash at block 36.
The second party cashes a check for the customer at block 36, either as a free
service or as a business transaction in which the second party retains a service
fee. The check cashing entity receives the check and, if such entity is not
itself a bank or official tax-collecting agent, eventually it will deposit the
check with a bank. Because the check cashing entity is dealing in money and
direct money values, it must adjust the transaction to account for any tax
burden that later will be deducted from its own bank deposit. In one form of
adjustment, the check cashing entity must charge the customer for this eventual
tax by a compensatory deduction of the expected amount of the tax from the
amount of cash paid to the customer in return for the check. Thus, the face
amount of the check is paid in cash to the customer at block 36, with
compensatory reductions for the amount of the tax plus a check cashing service
fee, if any.
[Para 173]
Having engaged in the money transfer transaction at block
34 and received a check in payment at block 36, the check cashing entity will
deposit the check to its own bank account at block 38. The bank processes the
check at blocks 40 and 42, deducting the tax amount and forwarding it to SRDA at
block 44. Because the check cashing entity already deducted a compensatory
amount equal to the tax from the customer's payment, the check cashing entity
has performed an acceptable business transaction in which it has realized the
expected net gain of a service fee.
[Para 174]
Any of these cash events may arise from a purchase and sale
transaction as suggested by blocks 34 and 36. A customer pays cash to a
business at these blocks, and the business sends its receipts to its local bank
at block 38, generating a transaction record in the local bank. The processing
system used by the bank may take into account the merchant's location, which
would be a coded attribute of the merchant's account, to link the cash
transaction to the merchant's local tax jurisdictions.
[Para 175]
Check transactions are handled within the scheme of Fig.
3. A check from the first party at block 34 is transacted to a second party at
block 36. The second party deposits the check at block 38 to its customer
account at a bank. At block 42 the bank deducts the tax amount from the face
value of the check. As mentioned previously, checks cashed at any business
other than a bank or tax agency should be reduced by a compensatory amount equal
to the anticipated tax when first cashed, and the bank officially collects the
tax by final deduction when the check is presented for deposit or payment at the
bank.
[Para 176]
The tax system should accommodate mesne negotiation of a
check or other taxable instrument. One method of accommodation is by publishing
the tax rate for such instruments so that the mesne recipient can know what
compensatory deduction is necessary. Another method, perhaps of greater
practical importance, is to maintain the tax rate at a readily manageable
number. For example, a tax rate rounded to a single digit such as 5% is readily
manageable. The tax rate becomes less manageable as the number of significant
digits increases, eventually resulting in the mesne recipient performing a
rounding off, likely to his own benefit. Therefore, the better practice is to
establish the official tax rate at a rounded-up figure that is easy to use in
calculations, and which has the further result that it slightly over funds the
tax jurisdictions.
[Para 177]
A preferred tax rate might be a single significant digit or
at least a whole number. Better yet, the total tax rate should be an even whole
number so that the rate remains a whole number when halved for allocation
between two sides of a money movement transaction. Accordingly, an even whole
number rate such as 6% may be ideal, as it allows a halved tax deduction of 3%
to each side of a transaction. If it is deemed that one decimal is acceptable,
then odd whole numbers are suitable for the total tax rate, and the halved rate
will include no more than one decimal. The inclusion of more significant digits
in the tax rate could cause a loss of confidence in the fairness of the tax
system due to a tendency of mesne holders to round up the compensatory deduction
to an unofficial higher rate.
[Para 178]
When a payee deposits a check into his bank, the bank
creates a record by crediting the amount of the deposit to the payee's account.
According to the tax system at block 42, a data processing system at the bank
will record the deduction of the tax from the amount of the deposit and credit
the remainder to the payee's account. Typically, a payee's bank sends deposited
checks through a check clearinghouse, which routes or delivers the cashed check
to the payor bank. At the payor bank, another record is created, showing a
debit of the face amount of the check from the drawer's checking account. The
clearinghouse will provide a dual calculation: the payee’s bank is credited
with only the post-tax amount to its accounts; and the payor bank is debited
with the face value of the check. The difference between the two calculations
is the value of the total tax. The payee's bank is responsible to submit
one-half of the tax to a relevant tax jurisdiction or collecting authority; and
the payor bank is responsible to submit the other one-half of the tax to a
relevant tax jurisdiction or collecting authority. The tax submissions can be
by transmitting the tax to the authorities or to a clearinghouse for subsequent
transmission to the authorities. In either event, the clearinghouse provides a
substantiating audit trail.
[Para 179]
A bank may serve as the second party, which receives a
taxable payment at block 36 in the sale of certain products. Some of these
products are money orders, cashier's checks, traveler's checks, certificates of
deposit, stocks, or bonds. Any check paid to a bank in purchase of a bank
product can be viewed as an ordinary payment to a second party merchant at block
36. When the bank processes the check for payment, the check is viewed as being
deposited to the bank's own account at block 38 and taxed as an ordinary money
movement at block 42.
[Para 180]
Bank products can be viewed as being money or money
equivalent products. When a first party customer makes the purchase of a money
product, the resulting transaction is similar to the previously described
transaction with a check cashing entity. A bank must compensate for the
expected tax to be deducted at block 42. One solution is for the bank to
provide a money product of value reduced by the compensatory amount. Another
solution is for the bank to surcharge the customer by a compensatory amount and
provide the money product at the originally requested face value. Like the
check cashing entity, the bank later can have the tax deducted from the
customer's payment while still realizing at least the money value of the money
product sold.
[Para 181]
An alternative solution is for the tax system to provide
relief by applying a special rate to such transactions. At block 54, the tax
system can apply a special tax rate of zero to a transaction involving only the
negotiation or exchange of money, negotiable instruments, or other money
equivalents.
[Para 182]
Another form of relief is to allow a refund or recovery of
tax paid on such money exchange transactions. These solutions can be applied
not only to transactions within the banking business, but also to any other
transaction in which a similar problem arises. Thus, these solutions can be
used by check cashing organizations, credit card companies, and securities
brokers who receive a payment at block 36. This preferred solution permits the
party making certain payments or deposits to a bank to apply for a tax refund at
block 50. A taxpayer who elects to apply for a refund at block 50 can do so by
submitting supporting documents at block 52 to a tax refund authority. Refunds
are discussed in further detail, below.
[Para 183]
After the bank has deducted tax from its own transaction at
block 42, the bank completes the tax collection process by transferring all tax
amounts collected to SRDA at block 44. Tax transfers are accompanied by a
report showing the accounts that have made the payments. SRDA can audit the
bank to ensure the full amount of tax has been remitted. Tax transfers and tax
reports may operate on a bulk basis of total deposits
made to accounts within a bank on a daily, weekly or monthly basis.
[Para 184]
A transaction in which a third party extends credit on
behalf of a purchaser to a merchant seller presents a policy problem of whether
the transaction should be taxed as one money movement or two money movements.
The complete transaction requires a third party to extend credit to a purchaser,
correspondingly to pay the merchant for the purchaser’s transaction, bill the
purchaser for the credit extended, and collect the account from the purchaser.
This cycle produces two separate but related transactions. From the viewpoint
of a bank, each of these transactions will be taxed, although this results in an
apparent double taxation if the transaction is viewed as a single three-party
transaction.
[Para 185]
According to Figure 3, a typical three-party transaction
involves a third party credit supplier who provides credit at block 60. For
example, a credit card company accommodates a purchase and sale transaction
between a purchaser at block 34 and a merchant seller at block 36. Initially
the third party credit supplier extends credit to a first party purchaser at
block 34 and pays the second party merchant at block 36. The payment to the
merchant passes through banking channels and is taxed at block 42. This tax
payment is the proper one at which the tax system obtains its share of the
overall transaction. Half of the tax is deducted from the credit supplier’s
account when the payment is withdrawn, and a second half of the tax is deducted
at the merchant’s account when the payment is deposited.
[Para 186]
An apparent second taxable event occurs when the credit
supplier subsequently recovers payment for the credit advanced. Then, the
credit supplier can be viewed as being the payment receiver at block 36 when the
purchaser at block 34 repays the credit advanced in the price of the initial
transaction. If this second transaction is taxed, the credit card company may
fail to recover as much money as it paid out in the initial transaction. The
credit card company would lose money on the overall transaction unless (1) at
block 36 it collects a surcharge from the purchaser equal to the tax on the
payment made to the merchant; (2) at block 40 it receives special handling
leading to a zero tax at block 54 on the amount paid to the merchant; or (3) it
requests a refund at block 50 and receives a refund at block 62 of the tax on
the amount paid to the merchant.
[Para 187]
Another solution is for the credit card company to reduce
its payment to the merchant by the amount of the tax on the payment to the
merchant. However, the merchant effectively would be double taxed when the bank
deducts the actual tax at block 42. Likely the merchant would find this
solution unacceptable. Surcharging the credit card customer likely would
discourage the use of credit cards and be detrimental to the credit card
industry. Therefore, the preferred solution is for the tax system to allow the
third party credit supplier to receive special handling or a refund on the
amount paid to the merchant. Special handling is not entirely suitable because
the purchaser’s account payment to the credit card company is not an accurate
measurement of the double taxation, as will be next explained. Therefore, a
refund system is the best way to correct double taxation in a three-party
transaction.
[Para 188]
The amount of necessary tax relief is merely quantitatively
measured by the amount of the payment made to the merchant. The tax system is
applied to receipts and, therefore, the actual payment to the merchant is not
taxed from the credit card company’s funds. However, one way in which a credit
card company makes money is to charge the merchant a small percentage of the
initial transaction and deduct this amount from what is paid to the merchant.
Consequently, the credit card company receives an extra sum of money when the
purchaser pays his credit card bill, and this extra sum should be taxed in the
normal way.
[Para 189]
In order to accurately measure and prove the amount of
money upon which a refund or special handling should be granted, the credit card
company might adopt the use of a special merchant payment account. All payments
to the merchant customers are made through such an account, establishing the
exact total that will be submitted for a tax refund. At refund request block
50, the credit card company can review its transactions and identify those that
should be considered for refund. The identified transactions are documented,
such as by proofs of the total paid from the merchant account, and submitted to
a refund authority with a refund request at block 52.
[Para 190]
The refund authority may be an office of the SRDA. The
refund authority reviews the documentation at block 58 and determines whether a
refund is appropriate. Refunds are made at block 62 by electronic transfer to
the credit card company's account. A refund may be issued at a suitably
increased amount to allow recipient to receive full value after the refund is
taxed. Alternatively, the refund authority may issue the refund with a code
calling for special handling of the refund at a zero tax rate.
[Para 191]
The refund authority maintains a right of audit review at
block 64 to prevent abuse of the refund system. Allowing the credit card
company to seek a refund solves the financial imbalance and provides a paperwork
trail for monitoring the uses of this exception to the tax system. The burden
of record keeping and reporting for the credit card company to gain this refund
falls on the credit card company and not on the purchaser. The result is that
the government obtains only one tax collection on the price of the initial
purchase.
[Para 192]
The tax system can use tools such as special handling, zero
or low tax rates, and refunds to accommodate problems in processing any type of
transaction leading to double taxation or an economically unworkable result.
The refund authority can approve any request for a refund that meets established
standards. For example, the requestor may be required to show that the
government has received its proper tax payment and that the tax system has
duplicated the collection within a single overall transaction. The applicant
must bear the burden to establish any exception.
[Para 193]
Stockbrokers and security clearinghouses may use accounts
with a reduced tax rate in securities transactions. An especially low rate or a
zero tax rate for these accounts aids in maintaining market fluidity. By
establishing a suitable system of coding, the financial institutions can
accommodate special situations in the tax system and maintain clear records of
taxes collected at any set of tax rates. An alternative method for reducing the
tax burden permits each deposit to be normally taxed but allows the broker or
clearinghouse to obtain a refund of the tax, as previously described.
[Para 194]
A securities transaction is initiated when a first party
investor at block 34 opens a trading account by transferring funds to a
stockbroker at block 36, where the investor's payment is accepted. The broker
deposits the payment into a bank account at block 38, and the bank deducts the
tax at block 42. Securities firms may be treated as banks if they maintain the
investor's money within their own structure.
[Para 195]
The brokerage firm buys and sells securities for the
investor's trading account. In each transaction, the brokerage functions as the
first party at block 34 and deals with a securities exchange in the position of
the second party at block 36. The exchange records each transaction and
electronically reports it to SRDA to provide a data trail. The proceeds of each
transaction are deposited into the trading account at block 38 and taxed at
block 42. The brokerage also settles its own accounts with securities clearing
houses. A clearinghouse may perform as a bank at block 38, deduct the tax from
each receipt at block 42, and forward the tax to SRDA at block 44.
[Para 196]
Securities transactions involve exchanges of money for
instruments of equivalent monetary value. Any substantial tax on this type of
exchange transaction is likely to inhibit the industry. Consequently, a
transaction between a trading account and an exchange or clearinghouse is given
a code for special handling at a nominal tax rate. Alternatively, a partial tax
refund must be available.
[Para 197]
Both purchases and sales of securities are treated as
normal two-party transactions. Each is separately taxed, although given special
handling at block 54 where a low tax rate is applied. Payments from trading
accounts to the investor are not given a special handling code. The normal,
full tax is deducted from a payment between the investor and the trading
account.
[Para 198]
Under traditional tax systems, investment in securities was
given favored tax treatment, such as by provisions for long-term capital gain.
An optional tax provision in the money transfer tax system can similarly
encourage investment. An investor can be permitted to obtain a tax refund on
money received back from an investment account. This refund may be limited,
such as to twice the tax paid on deposits into the trading account. The
standard refund process is used, through blocks 50, 52, 58 and 62. The
documentation required in a securities account withdrawal is proof of the amount
of prior tax paid for deposits into the trading account.
[Para 199]
International transactions involve the transfer of money
into or out of the country employing the money transfer tax system. A customer
at block 36 may request a bank or electronic funds clearinghouse at block 38
transfer funds to a foreign account. This request is processed through
banking channels to block 42, where the bank deducts a normal tax, such as 5%,
before sending the balance to the foreign account. Thus, the transfer is
handled like a domestic transfer, with the exception that the full 5% tax is
applied to outgoing funds. This difference in treatment is justified because
the foreign bank receiving the funds transfer is unlikely to submit the tax to
the U.S. tax system.
[Para 200]
A money transfer from a foreign bank at block 36 into a
payee’s domestic bank at block 38 also is taxed 5% at block 42. The balance of
the received funds is available to the payee, whether deposited to a bank
account or disbursed to payee as cash, traveler’s check, or other negotiable
instrument.
[Para 201]
Optionally, an international transaction may be eligible
for a tax refund at blocks 50, 52, 58, and 62. A basis for refund may be to
offset a tax paid in the foreign country or to prevent undue burden on
international commerce. Alternatively, the international transaction may
deserve special handling at block 54 to benefit from a reduced tax rate.
Instead of a party to the transaction arranging for special handling, the
federal government will establish how to tax international transactions as a
part of the commerce power delegated to Congress.
[Para 202]
A variety of other modes of transferring money are treated
according to the general scheme of Fig. 3. A receiving bank will deduct tax
from the proceeds of wire transfers and electronic funds transfers before
crediting a recipient’s account or releasing the funds in any other way.
Internet transactions also are taxed at both the paying and the receiving end at
2.5% each end. In Internet transactions across international borders, the
transactions are taxed at 5% for the paying or receiving end of each transaction
that has nexus to the U.S. taxing scheme. Tax nexus data is reported with each
transaction. The various payment schemes employed by Internet traders can
establish a tax collection point with either the payee or the payor, depending
upon which has nexus to the U.S. taxation scheme of this invention. In this way
all Internet purchases or service transactions that have either payor or payee
nexus to the U.S. will contribute to the total tax revenue stream.
[Para 203]
Money orders, cashier’s checks, traveler’s checks, and
similar money instruments can be purchased as bank products. As noted above,
the bank acts as the second party receiving payment at block 36 in such
transactions. The payment is processed into the bank at block 38 and treated as
a normal taxable receipt at block 42. The first party buyer may be required to
pay the anticipated tax as a purchase surcharge, or the bank may seek a tax
refund. Independent resellers also handle certain of these instruments, such as
money orders. The reseller performs in the same way as a bank, charging the
purchaser a tax surcharge. The reseller deposits the purchase money into a bank
at block 38, and the bank deducts tax at block 42. Requests for refund or
special handling at a zero tax rate offer other options in establishing a
monetary balance in the exchange of funds.
[Para 204]
As noted throughout, all collected taxes eventually are
transmitted to appropriate revenue disbursement agencies such as SRDA. These
agencies are charged with the task of paying the collected tax revenues to all
of the other tax jurisdictions, from the highest level to the lowest level. For
this task, SRDA must have available data allowing a determination of each
included jurisdiction’s entitlement. For this responsibility, the central
revenue disbursement agency is best located at state level. Tax jurisdictions
crossing state lines are almost unknown, other than the federal system. A
statewide disbursement agency has easy access to records, election results,
political boundaries, and legislative records within the state. Perhaps more
important, a state agency has closer ties to the local region and local
population.
[Para 205]
At the federal level, the government can maintain its
existing tax agency, the Internal Revenue Service, to receive the federal share
of taxes from the statewide SRDAs. Included tax jurisdictions within a state
can maintain their existing tax departments, commissioners, and other
administrative bodies to receive local shares of taxes. In Fig. 4, at block 44,
a SRDA initially holds or controls available tax revenues collected by the banks
within the state. Shares are disbursed to the other government jurisdictions at
block 68. Funds are transferred to all jurisdictions in the area SRDA serves,
from federal 70 to included jurisdictions such as state 72, county 74, and other
local tax authorities 76.
[Para 206]
The manner in which taxes are distributed can follow the
scheme that established the tax rates to collect. Each tax jurisdiction may
receive a fractional percent of amounts collected until the budget for the
jurisdiction has been met. Using the gathered nexus data, SRDA initially can
assign every amount collected to the lowest level area determined to be a source
of the funds. The lowest level tax agency then distributes the funds upwardly
to the various higher-level jurisdictions that have an interest in the collected
percentage. This approach allows the low level agencies to continue their
responsibility that began when they set the local tax rate to include the
proportionate tax needs of all higher jurisdictions.
[Para 207]
As previously mentioned, the refund authority may be an
office of SRDA at block 78. The refund authority transfers collected tax money
to all successful applicants for refund. These refund transactions take
priority over disbursements to tax jurisdictions. To the extent SRDA
distributes tax revenue to the lowest level tax jurisdictions, each refund is
deducted from the account of the local jurisdiction where the tax was
collected.
[Para 208]
The tax system is expected to generate surplus funds. SRDA
also administers surplus funds at block 80. Surplus funds constitute the extra
tax money collected over the budget needs that were the basis for setting the
tax rate. Surplus can be transferred to the lowest level agencies either for
locally administered use or for disbursement to higher-level tax jurisdictions
for their use. Some of the appropriate uses for surplus are special projects 82
such as local civic improvements; a trust fund 84 for future economic stimulus;
payments on the national debt 86; or to bolster the social security system 88.
These uses are merely suggested examples.
[Para 209]
The performance of a tax system is important to all levels
of government. A new system such as this money transfer tax system should be
tested and proven before being widely relied upon. This system can be tested on
a limited scale with a trial collection rate to establish and improve the
necessary hardware and software for full implementation. A state or lower
jurisdiction can best conduct a trial, using a nominal initial tax rate such as
0.1% to collect a minor part of the state’s budget needs. The monetary value of
tax collected will indicate what percent tax rate is needed for larger scale
implementation and will allow evaluation of how efficiently the system
operates. An indication that the system collects more or less than the expected
tax will allow the proper rate to be established for larger scale use.
[Para 210]
The tax system appears capable of generating surplus
revenue above present budget levels without undue burden on the economy or on
individual businesses. To the contrary, this tax system shows great promise that
it will greatly relieve administrative toil for individuals, small businesses
and large corporations alike. Governments can improve their services to the
public when a surplus exists. If permitted by legislation, the tax system can
be set to collect from 120% to 150% of budget need. The concept of collecting a
surplus is distinguished from merely increasing budgets by a similar
percentage. A surplus offers discretion in whether the funds will be spent and
how the funds will be spent.
[Para 211]
As the system is implemented, businesses can add the tax
percentage to the price of products and services. The recommended way of
increasing prices is by whole percentages, even when the tax is set in smaller
fractions. This recommendation limits the complexity of setting prices by
eliminating decimal or fractional calculations. The corresponding percentage to
be deducted from deposits is then a slightly smaller percentage, as follows: for
a 4% increase of all invoices, the corresponding transfer tax shall be 3.846%;
for the 5% increase the corresponding tax is 4.761%; and for a 6% increase in
invoice amounts the corresponding tax is 5.66%. These corresponding tax rates
provide for a net income that is equal to the invoice amount before the addition
of the 4%, 5% or 6% that compensates for the tax deducted from the deposits. The
uneven tax percentage deductions from the deposits do not pose any extra burden
to computer driven calculations and record keeping by the tax collecting
entities.
[Para 212]
In a preferred implementation, networking computers are
installed at all banks, check clearinghouses, and other fund transfer
organizations to process money transactions and deduct tax. These computers are
networked over secure connections to central accounting computers at central
computer centers. The central computer centers might be located at the current
regional Federal Reserve banks. The central computer centers calculate the
respective percentages or sums of money to be received by each tax jurisdiction,
administer the reduction of the national debt, and secure funding of the social
security fund. All fund data and other economic data collected in the tax
system that is not intrusive into the privacy of the individual can be made
available to the public and posted on the Internet.
[Para 213]
It can be expected that the creativity of many will seek
loopholes for avoiding taxation under this proposed taxation scheme, such as
settling accounts in jurisdictions outside the US or with stock transactions
designed specially to avoid taxation. For example, offshore quasi-banking or
accounting operations may offer a service of keeping money-equivalent book
notations. Customers of such services might settle accounts between themselves
by offsetting bookkeeping entries, thus seeking to avoid processing money
through domestic banking channels. Enabling legislation and regulation can
regulate and eliminate such attempts to avoid taxation and can be added to this
transfer tax taxation scheme at any time when it is deemed appropriate. The
overall aim should be for simplification even if marginal sources of taxation
escape the general collection scheme. The remedies to close loopholes should
not unduly harm the overall simplicity and should preferably be addressed with
audit measures targeting the fringe areas of the taxation avoidance schemes.
[Para 214]
The foregoing is considered as illustrative only of the
principles of the invention. Further, since numerous modifications and changes
will readily occur to those skilled in the art, it is not desired to limit the
invention to the exact construction and operation shown and described, and
accordingly all suitable modifications and equivalents may be regarded as
falling within the scope of the invention as defined by the claims that follow.
What is claimed is:
[Claim 1]
1. A method of providing tax revenue to a tax
jurisdiction, comprising:
first, determining a rate for taxation by periodically establishing a
budget for the tax jurisdiction; predicting a value of monitorable money
movement transactions having a nexus to the tax jurisdiction for the budget
period; and setting a rate of taxation at least at the percentage of the
predicted value of money transfer transactions needed to produce the budget;
second, collecting a tax by deducting the set tax rate percentage from
the value of substantially all monitorable money movement transactions having a
nexus to the tax jurisdiction; and
third, distributing the collected tax to the tax jurisdiction.
[Claim 2]
2. The method of claim 1, wherein the budget is a
partial budget for the tax jurisdiction over the budget period.
[Claim 3]
3. The method of claim 1, wherein the budget is the
entire budget for the tax jurisdiction over the budget period.
[Claim 4]
4. The method of claim 1, wherein a monitorable money
movement transaction comprises moving money into a bank.
[Claim 5]
5. The method of claim 1, wherein a monitorable money
movement transaction comprises the deposit of cash into a bank.
[Claim 6]
6. The method of claim 1, wherein a monitorable money
movement transaction comprises the deposit of a check into a bank.
[Claim 7]
7. The method of claim 1, wherein a monitorable money
movement transaction comprises cashing a check at a bank.
[Claim 8]
8. The method of claim 1, wherein a monitorable money
movement transaction comprises an electronic transfer of funds into a bank.
[Claim 9]
9. The method of claim 1, wherein a monitorable money
movement transaction comprises the deposit of a negotiable instrument into a
bank.
[Claim 10]
10. The method of claim 1, wherein a monitorable money
movement transaction comprises moving money out of a bank.
[Claim 11]
11. The method of claim 1, wherein a monitorable money
movement transaction comprises moving money between at least two accounts within
a bank.
[Claim 12]
12. The method of claim 1, wherein a bank performs said
second step.
[Claim 13]
13. The method of claim 1, wherein a bank performs said
third step.
[Claim 14]
14. A method of providing tax revenue to a tax
jurisdiction, comprising:
first, determining a rate for taxation for the tax jurisdiction
according to a percentage of the monetary value of money movement transactions
having nexus to the tax jurisdiction;
second, collecting a tax on the value of a money movement transaction
at the determined rate for taxation during bank processing of said money
movement transaction; and
third, distributing the collected tax to the tax jurisdiction.
[Claim 15]
15. The method of claim 14, wherein said second step
further comprises:
collecting tax on the monetary value of a money movement transaction
being processed by a bank within said tax jurisdiction.
[Claim 16]
16. The method of claim 14, wherein said second step
further comprises:
collecting tax on the monetary value of a money movement transaction
being processed by a bank having a nexus to the tax jurisdiction.
[Claim 17]
17. The method of claim 14, wherein:
said second step further comprises, as a portion of said bank
processing, collecting data indicative of the tax jurisdiction of a party to the
money movement; and
said third step further comprises responding to said data by
distributing at least a portion of the tax to the tax jurisdiction of said
party.
[Claim 18]
18. The method of claim 17, further comprising:
responding to said data by distributing at least a portion of the tax to a
higher or lower tax jurisdiction of said party.
[Claim 19]
19. The method of claim 14, wherein:
said second step further comprises, as a portion of said bank
processing, collecting data indicative of a preferred recipient of a donation by
said party to the money movement; and
said third step further comprises responding to said data by
distributing at least a portion of the tax to the preferred recipient.
[Claim 20]
20. The method of claim 14, wherein:
said second step further comprises, as a portion of said bank
processing, collecting data indicative of a special handling applicable to the
money movement transaction; and handling the money movement during the
bank processing according to the indicated special handling.
[Claim 21]
21. The method of claim 14, wherein:
said second step further comprises, as a portion
of said bank processing, collecting data indicative of an originating tax
jurisdiction for a deducted tax amount.
ABSTRACT
[Para 215]
Fund transfer transactions within an economy are monitored
at a selected level, such as at entry into the banking system and exit from the
banking system. Every transaction is processed at its exit and its entry
points to the banking system by deducting from the transaction value an equal
percentage at both exit and entry points. The bank collects data about
substantially all transactions to show at least the tax nexus of a transacting
party. Certain collected data can trigger special processing methods that cause
deduction of tax at an alternate rate or direct some of the tax to a specially
designated recipient. The bank transfers the collected tax to the bank’s tax
jurisdiction or to one or more tax jurisdictions that the collected data shows
to have a tax nexus to one or more transacting parties.




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