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Old 10-16-2011, 10:04 AM
 
1 posts, read 1,101 times
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Over the summer the CT legislature evidently voted for an increase in state income tax, making it retroactive to the beginning of the year. Consequently, employers have had to increase the tax withholding to account for the higher rate as well as to make up for the lower rates collected earlier in the year. I am struggling with how this retroactive taxation can be legal, in that, a law is being imposed to affect transactions which have already taken place. Certainly the US constitution protects us from being convicted of violating new laws if they did not exist at the time the act took place (retroactively) and this tax action seems to be a similar situation.

Is the tax action legal or is it jsut consider legal as long as no one challenges it in court?

Sincerely,
Stinging from taxation in CT
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Old 10-16-2011, 11:17 AM
 
Location: New London County, CT
8,950 posts, read 9,810,600 times
Reputation: 5101
What you say is accurate as I have had to increase the withholdings for one of my employees and myself-- although the increase has been minor.

You do raise an interesting question, however... I wonder if the retroactivity would survive a court challenge-- Maybe you should be the one to challenge it?

Last edited by mlassoff; 10-16-2011 at 12:06 PM..
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Old 10-16-2011, 12:03 PM
 
Location: CT
1,930 posts, read 3,172,693 times
Reputation: 1419
Quote:
Originally Posted by mlassoff View Post
What you say is accurate as I have had to increase the withholdings for one of my employees and myself-- although the increase has been minor.

You do raise an interesting question, however... I wonder if the radioactivity would survive a court challenge-- Maybe you should be the one to challenge it?
I believe it was challenged and dismissed by a dem shill judge.
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Old 10-16-2011, 01:22 PM
 
Location: Connecticut
24,566 posts, read 40,120,453 times
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Technically income taxes are not paid until you file your income tax forms so it is not illegal for the state to change the tax amount half way through the year. If you dislike htis so much, take it up with your state legislator. Jay
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Old 10-17-2011, 09:10 AM
 
41 posts, read 60,461 times
Reputation: 28
Thats right, withholding is a collection mechanism, not a "tax". The tax is paid when the return is filed.
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Old 10-19-2011, 07:22 PM
 
Location: W Simsbury
164 posts, read 281,841 times
Reputation: 71
I'd suggest that a better question is, "Why is it legal for the government to force my employer to take taxes out on a paycheck-by-paycheck basis and hold onto my money, well in advance of when it's actually due?"
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Old 10-19-2011, 07:25 PM
 
Location: NJ
18,677 posts, read 16,435,858 times
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Weicker did it 20 years ago. Tax was imposed for 4 months year 1, but not ready until Oct 1, so withholding was done at 4/3 the base rate for that year.
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Old 10-19-2011, 07:26 PM
 
Location: New London County, CT
8,950 posts, read 9,810,600 times
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Quote:
Originally Posted by Scott R View Post
I'd suggest that a better question is, "Why is it legal for the government to force my employer to take taxes out on a paycheck-by-paycheck basis and hold onto my money, well in advance of when it's actually due?"

Actually your employer sends that tax money to the government pretty regularly. I just sent in a few grand of withholding from my employees checks.
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Old 10-19-2011, 07:37 PM
 
Location: W Simsbury
164 posts, read 281,841 times
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Quote:
Originally Posted by mlassoff View Post
Actually your employer sends that tax money to the government pretty regularly. I just sent in a few grand of withholding from my employees checks.
Did I say something that contradicted that?
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