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Because the federal income tax is the
biggest and usually the first tax we see listed on our pay
stubs, we naturally tend to focus on it.
But state government takes a bite out
of our spending money, too. Bankrate will help you stay on
top of what your localities are collecting -- income, sales,
personal property or investment taxes, or often a combination
of all.
Here's a look at some recent tax actions
across the nation.
California
grants head of household status to gay partner
SACRAMENTO -- A California woman who supports her lesbian
partner and their child has been granted head of household
tax filing status.
Tax and legal observers say the decision
could expand the legal definition of a parent for unmarried
heterosexual, gay and lesbian couples.
Head of household status is a more beneficial
way than single to file if the taxpayer is supporting a child.
However, filers must meet specific support and relationship
standards. The July ruling by California's State Board of
Equalization is the first time the panel has allowed head
of household status to be used by someone who is not a child's
biological or adoptive parent.
Thanks to the ruling, Helmi Hisserich
and Tori Patterson, who have been together 14 years, will
save about $3,100 a year on taxes. Hisserich has been the
main wage earner since Patterson gave birth to their daughter
three years ago.
Hisserich first filed her state tax as
head of household in 1997. The Franchise Tax Board, California's
tax collection agency, told her that because she is not the
biological parent and not married to the parent, she did not
qualify for head of household status. Rather, the board viewed
the girl as "a friend's child," even though Hisserich
and Patterson have registered as domestic partners and Hisserich
is in the process of adopting the child.
Hisserich said she found that the parent-child
relationship was not clearly defined under California tax
law and took her case to the State Board of Equalization,
which is the appellate body for franchise and income tax appeals.
During the appeal, she focused on her and Patterson's intent
to have a child and raise it together.
The board voted 3-2 in favor of Hisserich's
appeal. A written explanation of the decision is expected
in about two months, at which time the board will vote again
to approve the written decision.
Arizona
tax-limit measure suffers setbacks
PHOENIX -- Arizona taxpayer efforts to eliminate the state's
individual and corporate income taxes have been dealt setbacks.
Backers of Proposition 107 want the measure
on the November ballot where, if approved by voters, it would
amend Arizona's constitution to phase out state income
taxes over four years.
The proposal, dubbed the Taxpayer Protection
Act of 2000, also would require voter approval of any legislative
moves to increase taxes and would allow federal office candidates
to note on ballots that they support elimination of federal
income taxes.
But the proposal's multiple goals are
part of its problem, according to a county Superior Court
judge, who has ordered that the initiative be kept off the
state's ballot because it violates the Arizona constitution's
"single subject" rule. The rule is designed to prevent
"logrolling," a practice in which unrelated amendments
are combined into one to force voters to vote for or against
the entire package.
The judge acknowledged that all three
parts of Proposition 107 deal with taxes, but ruled they are
separate subjects because one part could stand without the
other. The lawsuit to kill the ballot initiative was brought
by critics who say Arizona would face a financial crisis if
the measure passed since income taxes account for nearly half
of the state's budget.
Supporters of the ballot initiative plan
to appeal the circuit court ruling to the state's Supreme
Court.
But the court battle is not the proposal's
only problem. Arizona's elections director has told county
officials across the state that they must review thousands
of signatures on petitions submitted in support of Proposition
107. That means every signature must be individually verified
in whichever of Arizona's 15 counties it was collected.
Random sampling by the Secretary of State's
office is projecting that 148,501 valid signatures were gathered,
about 97 percent of the minimum 152,463 signatures needed
to get the measure on the November ballot.
Election officials said the signature
verification process would continue unless the state Supreme
Court upholds the lower court ruling and removes the proposal
from the ballot.
New
Jersey sales tax break expanded for farmers
TRENTON -- Legislation expanding New Jersey's sales tax exemption
was enacted in January, but exactly how the exemption applies
to farmers is just now being addressed.
The state's Division of Taxation has proposed
guidelines elaborating on the sales tax exemption's "farm
use" provision. At issue was language calling for farm
equipment to be "incorporated into" a structure
before it could be free from New Jersey's 6 percent sales
and use tax.
The proposed regulations now will allow
farmers the exemption for equipment such as milking machinery,
animal feeding and watering equipment, and egg incubators.
"Permitting an exemption for necessary
farm production equipment, without regard to whether it needs
to be permanently affixed and thus 'incorporated into' a structure,
now gives farmers a benefit similar to that enjoyed by manufacturers,"
the Taxation Division said in a statement on the impact of
the proposed rules.
The farm equipment regulations also would
allow sales tax exemptions for materials used to construct
single-use agricultural structures, such as silos and manure
handling equipment; production and conservation services;
post-production handling and preservation equipment; and containers.
Before the regulations become final, the
state must accept public remarks. Comments are due by Sept.
6 and should be sent to Nicholas Catalano, Regulatory Services
Branch, Division of Taxation, 50 Barrack St., P.O. Box 269,
Trenton, N.J. 08695-0269.
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