new 7% tax on almond pollinators

9651 Views 38 Replies 24 Participants Last post by alpha6, Apr 21, 2010

wildbranch2007

Discussion Starter · Apr 16, 2010 (Edited)

a post on bee-l by randy oliver says that for next year calif. has put in place a 7% tax on out of state pollinators, collected by the almond farmer.

http://community.lsoft.com/scripts/wa-LSOFTDONATIONS.exe?A2=BEE-L;33cf0a8c.1004c

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1 - 20 of 39 Posts

BEES4U

· #2 · Apr 16, 2010

:scratch:
That will open a can of worms.
Forms 1040F, Form 1099, and now Form 540.
The state must have been looking at all those U-Tube videos that show those late model trucks with a lot of crome!

Ernie

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Tom G. Laury

· #3 · Apr 16, 2010

Just wait till the counties hear this, they are going to want their property tax too. If your bees are in California on Jan. 01 they are supposed to be reported on the ag property statement.

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alpha6

· #4 · Apr 16, 2010 (Edited by Moderator)

I can tell you I am not going to take a 7% hit on hive rentals so the almond farmers are going to have to pay it. If I were an almond farmer I would be worried about these regulations (and others) keeping out of staters out and further causing a shortage of bees on almonds. The next annual Almond board meeting should be interesting. I would be interested in attending Tom, so if you get that info could you pass it along.

Thanks

On a side note. I am wondering about farmers collecting the tax for the bees. Since the farmer is not an "agent" of the state is this legal? I guess this is a subject for another time...but really could be interesting.

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EastSideBuzz

· #5 · Apr 16, 2010 (Edited by Moderator)

What is the justification for the tax on pollinators.? Without the almonds CA is in <trouble>. So they need the pollinators. Just driving up the price of the nuts.

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loggermike

· #6 · Apr 16, 2010 (Edited by Moderator)

California is just doing what it does best. Grabbing business money with both hands.

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Tom G. Laury

· #7 · Apr 16, 2010

It's not new, this has been bandied around before, some beekeeps have paid this for years on the advice of their accountants. It's called state income tax. Not sure how much debate it is subject to.

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sqkcrk

· #8 · Apr 16, 2010

As I suspected. It's a tax on income. So why are the growers supposed to collect the tax instead of requiring the pollinators to file income taxes in CA? Not that I'm suggesting that. Maybe I shouldn't have brought it up.

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DRUR

· #9 · Apr 17, 2010 (Edited by Moderator)

Guess payment will be required in advance, with a contract on amount. If the full amount isn't paid, then the contract won't be fulfilled, and the bees won't be delivered. I would like to see the Calif. state tax collectors come get me in Texas. They better come with body bags.

Also, I doubt that the State can tax non residents, and would also be an infringement of the interstate commerce clause.

I was hoping to get enough colonies built up for pollination contract in Calif., but this won't happen now.

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waynesgarden

· #10 · Apr 17, 2010

DRUR said:
Also, I doubt that the State can tax non residents, and would also be an infringement of the interstate commerce clause. /QUOTE]

You are not engaging in interstate commerce. You are entering the State of California to perform services within the state. I don't see anything new here. It's as if I commuted into Massachussets to work. I would be subject to their income tax regulations and my employer would be required to collect it.

I'd consult a constitutional (and tax) authority before I go get fitted for a body bag.

Wayne

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DRUR

· #11 · Apr 17, 2010 (Edited by Moderator)

waynesgarden said:
DRUR said:

I'd consult a constitutional (and tax) authority before I go get fitted for a body bag.

Wayne

Click to expand...

I was a constitutinal tax authority until 1987, continued doing research for attys. until early 2000's. If I make honey in Calif and remove that honey and sell in another State then the State can't tax that honey. If the contract is consumated outside the State and the farmer is renting my bees, outside the State, then if there is any tax, he can pay it. And the Calif. State tax collectors better [Constitutionally speaking] keep their butts in Calif. for they have no executive authority here in Texas. No warrant issued from a Calif. State Court has any authority here in Texas. Calif. can tax their 'subjects' all they want but they won't be taxing me.

But like I said, I won't be doing pollination contracts in Calif. because the legal battle just isn't worth it

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JPK

· #12 · Apr 17, 2010 (Edited by Moderator)

BUT regarding the 7% Cali Tax you should be able to deduct it from your taxes in your state of residence provided you live in a state that has an income tax.

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Skinner Apiaries

· #13 · Apr 17, 2010

This is funny. Who's going to enforce this? They can TRY to impound your bees. They can TRY to come get you 3000 miles away. They can try to enforce fireant and beetle laws. They can TRY to spend money they dont have, but it dosent really matter. The harder they try the harder they lose. Almond guys need us alot more than california needs their 7%. And Im pretty sure that the pay will reflect that 7% increase

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loggermike

· #14 · Apr 17, 2010

Hey its really great that you guys are gonna help us out here with our little deficit. It costs a lot to have good highways for your semis to come in on, and bug stations aren't cheap either!

Thanks again(in advance).:applause:

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soupcan

· #15 · Apr 17, 2010 (Edited by Moderator)

Come on guys, Get with the program!!!
SHARE YOUR WEALTH!!!

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BMAC

· #16 · Apr 18, 2010 (Edited by Moderator)

soupcan said:
Come on guys, Get with the program!!!
SHARE YOUR WEALTH!!!

I really dont understand how the almond growers will be able to enfore this 7% tax less they straight up stiff the beekeeper on their second "LATE" payment and send that 7% to the state. Then again who's to say they just wont keep the 6.5% in their pocket and tell the state they didnt do very much pollination due to the lack of water or what have you.