Wednesday, May 18, 2016

Oklahoma To Tax Uber, Taxi, & Other Limousine rides?

Rep Echols & Senator Shortey Push to Raise Taxes

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  In an effort to tax Oklahoma citizens to pay for the largest state budgets in Oklahoma's history, The legislature is now targeting the service industry workers in an unprecedented scope.
  Senator Ralph Shortey & Rep. Jon Echols are sponsoring a bill to start taxing the ride you get when you don't have your own transportation. They add a new section '3c' to the taxation statutes (68 O.S. Supp. 2015, Section 1354).
  The problem with the legislation seems to be that the term "Limousine" is not defined for purposes of the statute addressed by this bill.
  There is a statutory definition written narrowly in the laws regarding transporting intoxicated persons, but that language says;

"2014 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1220.E. As used in this section:
 “Limousine” means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation."

  Perhaps there is a populist attitude which condones the taxing of folks who can afford chartered stretch limousine services, but a judicial review could easily expand the definition in a tax court case.Perhaps in prosecuting drunk drivers we define a limousine a certain way, but quite often the statutes have different definitions of words depending on which statute it is mentioned in.
  Without a clear definition in the taxation statutes, or a reference to the definitions already found in other statutes, we need to reject this bill as being too vague to equitably enforce.
  But the greater objection to this bill is that it taxes the workman twice, making his service too expensive for the marketplace.
  The hour of work that he provides has a set rate. He pays income tax on that income and he factors in his taxation responsibilities when setting that hourly rate for his work. But now the legislators are also adding a second tax on that same hourly rate.
​  We'll see what happens when this bill reaches the floor. There are many products given special taxation exemptions in the state tax code. Newspapers got their own carve out.They pay no sales tax on the sale of newspapers or magazines.


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