No! And here is why.
The state income tax is not an additional income tax. It is an extension of the federal income tax. Income tax in general is an excise tax.
So, to understand this one must understand the income tax. The nature of the income tax is that which is mainly an excise tax
So for instance, the state income tax comes into play once federal income tax liability has been established. So in a state where there is a state income tax and there is federally adjusted gross income that means if the transaction occured in a state that has an income tax the state just gets a piece or portion of the transaction in relation to the federal income tax. Its not its own tax all by itself. Its specifically related to the federal income tax.
now, if one wants to understand who is liable for the income tax that's a whole different argument. Just to make a long story short we can just say for the record that personal income tax has nothing to do with the average guy living and working in the private sector in any one of the 50 states of the union. All the personal income tax has ever been even after the 16th amendment is an excise tax. So if one were to read the state statutes pertaining to income tax one with clearly find out very quickly that if there is federally adjusted gross income then there is state income tax liability. Reverse the logic, if there is no federally adjusted gross income then there is no state income tax imposed.
And anyone who knows anything about the income tax in it's most basic form knows that income tax has nothing to do with the average guy but mainly is realated to foreign related Commerce, that's it.
For instance if some guy in France has a transaction here in New Jersey which is a US domestic transaction with a US Person the income tax comes into play on the federal level and New Jersey would just get a portion of the transactions. That's pretty much it in a nutshell
So, the income tax is quite constitutional, it's just most people do not understand what the income taxe is and the way the law actually imposes the income tax. And that can be another argument for another thread where we can discuss what the Income Tax is and why it is that Congress did not have the authority to impose the tax on anyone who just made money. So the argument about the income tax being unconstitutional is actually the wrong argument to make since income taxes are entirely Constitutional.
The problem is with the intentional Misapplication of the tax on the national level to most people who do not even owe the tax and are not aware that they do not owe tax. Anyone who wants to go and read my older posts on income tax on more than welcome to do so to clearly see why this is the case.
if you want to go further in understanding what the income tax actually is then I highly recommend you read a book by Dave champion entitled income tax shattering the myths. It explains in thorough detail the entire nature of the tax and how the government has gotten away with it misapplication over the many decades it has existed.
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