Mayor Sam Adams recently announced a tax amnesty for scofflaws who have so far succeeded in not rendering unto the City/County what they owe in business income taxes. While I am not a big fan of amnesty programs, as they reward the wrong behavior and the wrong taxpayers, it is not surprising that businesses and property owners who have “nexus” within the City/County find themselves out of compliance with the tax code. Some do so deliberately, while others may simply be blissfully unaware of their tax obligations.
This is because the City/County tax code, unlike its counterparts among other municipalities, taxes only certain businesses and individuals. It relies on a very narrow tax base, and thus has an extremely high flat rate of 3.65%. It is essentially a payroll tax on successful business owners, and an income/capital gains tax on successful property owners.
But more importantly, the tax punishes privately held companies who do business within City/County borders while rewarding public companies doing the same. How can this be? Well, here’s a real life example from my CPA practice: Locally owned company with 3 shareholders, nets $4 million before owner salaries, and $1 million after owner salaries. In my example, none of the shareholders actually live within the City/County boundaries. What is their City of Portland/Multnomah County Business Tax? The total tab will be $136,500. If this same business were to be bought out by a publicly traded company, and management salaries were the same, the business would now have a tab of $36,500. In this example, that’s a $100,000 punishment for the locally owned company. Outrageous, no?
This strange phenomenon takes place because wages over $87,000 paid to more than 5% owners are “added back” to business net income to determine the tax. Basically, you have a payroll tax on owners who pay themselves more than $87,000 per year, a tax that is not paid by companies who do not have more than 5% owners.
Further, the filing requirements imposed by the City are highly invasive (and perhaps illegal?). Taxpayers who owe no tax whatsoever to the City/County are still required to provide copies of their individual tax returns, along with related Schedules C, D, and E, even though they have no income to report. The TriMet tax, administered by the State of Oregon has no such requirements. If you don’t owe the tax, you simply don’t file.
But, this is not so with the City/County. I have clients who fear their personal financial details are now sitting on some City employee’s desk, and that information that is required by federal law to be kept in strict confidence is being exposed to those who have no need (or right?) to see such information.
But worst of all, the City/County tax is neither a fair tax nor a simple tax. It relies on a narrow tax base (unfair) and it is one of the most complex and arcane municipal tax codes I have ever encountered. A fairer and simpler tax would be a payroll tax/self-employment tax similar to the TriMet tax. It could have a very low rate because of its broad tax base, and would be extremely simple to administer by simply tacking it on to the Oregon quarterly OQ filing.
A broader tax base would also help to discourage local businesses from the practice of fleeing the City/County boundaries to escape the tax. Regardless of what City leaders may say about this practice, every CPA I know has experience with clients who have relocated out of the City/County boundaries to avoid the tax.
In the meantime, if you own property or do business within the City/County borders and have not been filing your tax returns, now is the time to find out if the amnesty program can help you get into compliance.
IRS recently came out with
(With apologies to economist and author Joel Slemrod, author of the paper,
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2011 heralds the beginning of several new 1099 requirements, including the new Form 1099-K, new Form 1099-B, and new requirements for 1099-MISC. 

The IRS sends out millions of taxpayer notices each year. However, IRS notices are sent ONLY via the U.S. Postal Service, 