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<font face="Arial">I have been thinking some more about the tax
matter. <br>
<br>
Wim, you say<br>
<blockquote type="cite"><span style="FONT-SIZE: 10pt; FONT-FAMILY:
Arial; FONT-WEIGHT:Normal;">On the other hand, here in Hawaii
I have to collect sales tax on all transactions, including
public schools and churches, (and then pay it to the state).
Because of that I have to have a business license, but only to
collect and pay the taxes, not to be in business.<br>
</span></blockquote>
<br>
That seems fair enough. In the UK there is a kind of sales tax
called Value Added Tax, but small businesses whose turnover is
below a certain amount, do not need to be concerned with it.
Larger businesses have to be VAT Registered, and collect the tax
on goods and services, and pay it to the government.<br>
<br>
In Rick's case, there seem to be two issues he is facing:<br>
<br>
<blockquote type="cite">
<pre wrap="">List, my municipal office in town just told me I need to get a contractors license to do business in the city.
They also consider me to be violating zoning laws by operating a business in a residential zone.</pre>
</blockquote>
The first issue is the matter of needing a Contractors License.
There must be some ordinaces or statutes written down that give
the definition of Contractor and that specify who must obtain a
license as one. It is surely the right of the Citizen to be able
to examine the statutes/ordinances for himself, and to be able to
make an Appeal if he thinks that a city official is applying them
incorrectly.<br>
<br>
In a broader view, is it legal for a city to empose an additional
tax on the self-employed? <br>
<br>
It is a long-established principle in US law - taken enough times
to the Supreme Court - that a State or other local authority, may
not impose a tax on a freedom that is guaranteed to the citizen by
the Constitution of the United States. Thus if, for example, you
have political views and you wish to distribute pamphlets in your
neighborhood at election time, or you put out leaflets advertising
church services, a State or City cannot require you to obtain a
license for doing so, because those freedoms of expression are
enshrined in the US Constitution, and no City or State may tax
them. I don't know how this would apply in respect of an extra
tax on a self-employed person, however. Expert legal advice is
needed, I guess!<br>
<br>
On the second matter, of zoning:<br>
The question here, it seemeth to me, is What constitutes a
Business Premises.<br>
Of course it is sensible that a residential district should be
protected. Thus if an employed hairdresser, for example, were to
leave the shop where he or she works, and decide to set up a
self-employed business, it is understandable that the City would
take a dim view of building a large extension with shop window and
doors to the front of the house and putting up an illuminated shop
sign. That is a matter of protecting the residential status of an
area. But if the service the haridresser wanted to provide, was
entirely a mobile one, visiting housebound clients in their homes,
surely the hairdreser's home is not becoming a business premises?<br>
<br>
Or, imagine a college professor whose 5-year employed Tenure comes
to an end. The college says, We would still like you to teach
classes for us, but on a self-employed basis. We will pay you a
small Retaining Fee to keep you available to us for a year, but
you must invoice us for your work, on a consultancy basis, and
your taxes will not be deducted at source - you will be
self-employed and must do your own taxes. What has changed
regarding his home? It is now the home of a self-employed person,
that is all. He makes out his invoices and does his book-keeping,
at his desk at work, outside of hours. How has his home become a
business premises? Surely it has not!<br>
<br>
Unless you argue that in order to carry on a business, you need
enough sleep, and since your home is where you sleep, it is
integral to your business. But that is silly!<br>
<br>
Best regards,<br>
<br>
David.<br>
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