by gg3 » Mon 23 Apr 2007, 09:10:36
There's a REALLY REALLY SIMPLE solution to this one.
Create a sales tax category for waste vegetable oil (WVO) sold as a fuel.
The tax level would be the same per gallon as for any other motor fuel.
Restaurants would collect the tax from their customers and pay it along with their regular sales tax payments for sales tax collected on burgers & fries.
Here's how it works:
Restaurants are already collecting sales tax for the food they sell. Thus they get the regular monthly or quarterly form from the state sales tax agency. To engage in the business of sellling WVO, they simply inform the state sales tax agency, and now they get an extra page each time. (This works the same way for other specific categories of goods: for example my company gets an extra form for the electronic waste recycling fee on any device we sell with a screen large enough to qualify for the special fee.)
The extra page has places for the following information: a) Gallons sold at wholesale for purposes of resale (that is, sold to companies that in turn sell it to end-users). b) Gallons sold at retail (that is, sold directly to end-users). c) Gallons disposed as waste. Then it has lines showing the amount of tax per gallon that has to be calculated. The state agency could collect the federal fuel taxes easily and pass them along to the federal government: after all, state tax agencies do this all the time and it is no big deal for them.
Wholesale sales are tax-exempt: the company you sell it to, will in turn sell it to an end-user, and will collect the sales tax at that point. (This is normal for all categories of goods: I buy PBX equipment from the regional Panasonic distribution center, I do not pay a sales tax on that because I'm selling it to my clients. who are the end-users or retail purchasers. My clients do pay a sales tax, which I collect and pay to the state.)
Retail is taxable. Just like the burgers and fries the restaurant normally sells. However the tax in this case is not a percentage of the price, it's a tax per gallon. Thus it doesn't matter if the restaurant gives the stuff away or charges me a nominal price or even a buck a gallon: the tax is the same.
So I fill up my two 5-gallon cans, total of ten gallons, and the restaurant hands me the bill which I happily pay. Including the motor fuel tax.
Now the restaurant has collected the motor fuel tax on my purchase, so when they total up their monthly sales tax report, they already have the money on hand to make the payment.
The restaurant also has receipts from its sales at wholesale, and those are marked tax-free (once again, the company they sell it to will sell it to end-users, who will pay the tax at that point). This information gets entered into the appropriate box and the restaurant pays no tax on that quantity of WVO
And the restaurant also has receipts from its waste oil recycling company for the amount that they've had to take away as waste. The amounts from these receipts get entered into the correct box, and of course the restaurant doesn't pay tax for that either. The waste oil recycler, if s/he's turning WVO into fuel, will of course collect a motor fuel tax from her/his customers.
Problem solved. Best part is, it all works with the existing sales tax system that is already in place. And the end-users don't have to set up business entities as "fuel producers."
We get to drive our cars on WVO, the restaurants get to sell it to us in their normal course of business, the state and federal governments get to collect their tax payments. It's all nice and neat and follows existing business practices all the way across. Win-win solution all'round.
Hey folks, write to your state legislators and propose this, OK?
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Notes:
What about cheating? Same as for any other cheating on sales tax. Look, a crooked restaurant can keep some of its cash sales "off the books" and pay no taxes on those, and crookedly keep the monies they charged to their customers as "sales tax" for those. In other words, if someone's going to steal, they're already stealing. Sales tax agencies have routine measure they use to catch this sort of stuff, regardless of the product being sold, so adding one more product to a restaurant's menu (WVO) doesn't change the enforcement burden.
What about the $2,500 bond? IMHO it ought to be waived for cases of this type: casual sales of WVO as a sideline to a restaurant biz. However, if the state insists on collecting it (after all, they make $$ on the interest from all of those!), it adds up to 50-cents per gallon for the first 5,000 gallons. OK, so then the restaurant can charge the end-users 50-cents a gallon, earn it back pretty darn quickly, and after that the price is pure profit. For tiny restaurants that can't afford to put up the lump sum (there are probably a few out there), it could be paid proportionally along with sales, so they can "pay as they go."
What about restaurant owners or employees using it in their own cars? Handle that the same way as when they eat lunch or dinner at their own establishment. Proper business bookkeeping says: the owner writes a check from his personal account to the company, or pays with cash or plastic, and of course pays the sales tax on the meal at that point, just like any other customer. Owners and employees may get discounts, but they still pay the sales tax. Same case here.
What about householders collecting their WVO every time they make fried chicken, and adding that to the mix? No tax, sorry, that's household production for household use, same as growing tomatos in the back yard and making tomato sauce with them. You don't pay sales tax on your home-grown, home-made tomato sauce.
What about electric vehicles? You're already paying a tax on electricity. If need be, increase the tax to cover the shortfall made up from declining gasoline taxes. Make the tax usage-sensitive: for example, your first so-and-so-many KWH per month are charged at normal tax rate. Anything above that is charged at the higher tax rate. This would also become an incentive for conservation by people who normally run high electric bills.
As an alternative, install KWH meters on the charging inputs of EVs (built into the vehicle, like the sensors for the odometer) and have EV owners pay a yearly tax to DMV accordingly. There might be a button on the dashboard to let the driver check the amount so s/he can put it in the bank each month to save for the total. And of course the DMV would check yearly at registration time, to be sure the totals match.
Why not charge for miles driven? Because that creates a perverse incentive and cross-subsidizes inefficient vehicles. By taxing the actual energy used, there is always an incentive to drive a more efficient vehicle. Even if the taxes per KWH or per gallon have to increase every year to make up for the revenue lost as vehicles become more efficient, the incentive is still there for buying the most efficient vehicle and using the least energy to run it.
Questions, comments?
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I think I'm going to go down to the California State Board of Equalization (our state sales tax agency; and yes they really are nice people to deal with) and make inquiries. And then I'm going to see about meeting with a manager or other official to propose exactly this system if there's not something reasonable & practical in place already.
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As for the state where those people are facing a felony charge:
What I would do is make an arrangement with the restaurant to start acting as if the above system is already in place, and then one party or the other (the restaurant or the customer) keeps the collected tax monies in a separate bank account with which to pay the tax bill.
Then take the state to court for a declaratory judgement to make it so.
There should be a lawyer out there somewhere who would take this pro-bono.
Last edited by
gg3 on Mon 23 Apr 2007, 09:17:34, edited 1 time in total.