Ironically, it was the actions of a small business owner that led to the change. An Orange County businessman named Frank Cutler sued the FTB after being denied the tax break because less than 80% of his business was based in California, one of the incentive's caveats. The California Court of Appeals sided with Cutler and struck down the provision, saying it was discriminatory. In response, the Franchise Tax Board decided to eliminate the incentive entirely.
具有讽刺意味的是,正是小型企业自身的所作所为导致了这个变化。一位名叫弗兰克?卡特勒的橘子郡企业家因享受税收减免政策的要求遭到拒绝而将加州税务局告上了法庭,原因是这位企业家在加州的业务不足企业整个业务量的80%,并不满足减免政策的要求。加州上诉法院做出了有利于卡特勒的判决,废除了政策中的这个要求,并称这个要求带有歧视性。作为回应,加州税务局决定取消整个税收减免政策。
Overstreet and a group of California entrepreneurs have formed a group dubbed California Business Defense to fight the ruling, saying the FTB's actions were too broad. They argue it could have struck down the 80% rule instead of the entire tax break. "The FTB had more than one choice to make here, and our position is that there were other precedents available, which they did not follow," says Overstreet. "The wheels are going too fast, the process needs to slow down so that cooler heads can prevail."
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