Tax resistance

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Gandhi making salt and disobeying the British salt production and tax laws Gandhi at Dandi 5 April 1930.jpg
Gandhi making salt and disobeying the British salt production and tax laws

Tax resistance is the refusal to pay tax because of opposition to the government that is imposing the tax, or to government policy, or as opposition to taxation in itself. Tax resistance is a form of direct action and, if in violation of the tax regulations, also a form of civil disobedience.

Contents

Examples of tax resistance campaigns include those advocating home rule, such as the Salt March led by Mahatma Gandhi, and those promoting women's suffrage, such as the Women's Tax Resistance League. [1] War tax resistance is the refusal to pay some or all taxes that pay for war and may be practiced by conscientious objectors, pacifists, or those protesting against a particular war. [2]

Tax resisters are distinct from "tax protesters", who deny that the legal obligation to pay taxes exists or applies to them. Tax resisters may accept that some law commands them to pay taxes but they still choose to resist taxation.

History

Egyptian peasants seized for non-payment of taxes during the Pyramid Age Wells egyptian peasants taxes.jpg
Egyptian peasants seized for non-payment of taxes during the Pyramid Age

The earliest and most widespread forms of taxation were the corvée and tithe, both of which can be traced back to the beginning of civilization. The corvée was state-imposed forced labour on peasants too poor to pay other forms of taxation (labour in ancient Egyptian is a synonym for taxes). [3] Low taxes helped the Roman aristocracy increase their wealth, which equalled or exceeded the revenues of the central government. An emperor sometimes replenished his treasury by confiscating the estates of the "super-rich", but in the later period, the resistance of the wealthy to paying taxes was one of the factors contributing to the collapse of the Empire. [4]

The Boston Tea Party, 16 December 1773 Boston Tea Party Currier colored.jpg
The Boston Tea Party, 16 December 1773

Because taxation is often oppressive, governments have always struggled with tax noncompliance and resistance. [3] It has been suggested that tax resistance played a significant role in the collapse of several empires, including the Egyptian, Roman, Spanish, and Aztec. [5]

Reports of collective tax refusal include Zealots resisting the Roman poll tax during the 1st century CE, culminating in the First Jewish–Roman War. [6] Other historic events that originated as tax revolts include Magna Carta, the American Revolution and the French Revolution. [3]

War tax resisters often highlight the relationship between income tax and war. [7] In Britain income tax was introduced in 1799, to pay for weapons and equipment in preparation for the Napoleonic wars, whilst the US federal government imposed their first income tax in the Revenue Act of 1861 to help pay for the American Civil War.

Views and aims

Henry David Thoreau, author of Civil Disobedience Benjamin D. Maxham - Henry David Thoreau - Restored - greyscale - straightened.jpg
Henry David Thoreau, author of Civil Disobedience

Tax resisters come from a wide range of backgrounds with diverse ideologies and aims. For example, Henry David Thoreau and William Lloyd Garrison drew inspiration from the American Revolution and the stubborn pacifism of the Quakers. [8] Some tax resisters refuse to pay tax because their conscience will not allow them to fund war, whilst others resist tax as part of a campaign to overthrow the government. [8]

Tax resisters have been violent revolutionaries like John Adams and pacifist nonresistants like John Woolman; communists like Karl Marx and capitalists like Vivien Kellems; solitary anti-war activists like Ammon Hennacy and leaders of independence movements like Mahatma Gandhi. [8]

Leo Tolstoy, a Christian anarchist, urged government leaders to change their attitude to war and citizens to taxes:

If only each King, Emperor, and President understood that his work of directing armies is not an honourable and important duty, as his flatterers persuade him it is, but a bad and shameful act of preparation for murder—and if each private individual understood that the payment of taxes wherewith to hire and equip soldiers, and, above all, army-service itself, are not matters of indifference, but are bad and shameful actions by which he not only permits but participates in murder—then this power of Emperors, Kings, and Presidents, which now arouses our indignation, and which causes them to be murdered, would disappear of itself. [9]

Methods

As an example of the numerous tax resistance methods, below are some of the legal and illegal techniques used by war tax resisters: [10]

Avoidance

A resister may lower their tax payments by using legal tax avoidance techniques.

Paying under protest

Some taxpayers pay their taxes, but include protest letters along with their tax forms. Others pay in a protesting form—for instance, by writing their cheque on a toilet seat or a mock-up of a missile. Others pay in a way that creates inconvenience for the collector—for instance, by paying the entire amount in low-denomination coins. This last method is less effective in countries where small coins are legal tender only in limited amounts, allowing the tax authority legally to reject such payments; for example in England and Wales, 1p coins are legal tender only in amounts up to 20p.

Reducing taxable income and consumption

The White House Peace Vigil, started by Thomas in 1981 and supported by tax resister Ellen Thomas PeacePark.jpg
The White House Peace Vigil, started by Thomas in 1981 and supported by tax resister Ellen Thomas

Other tax resisters change their lifestyles so that they owe less tax. For instance; to avoid consumption taxes on alcohol, a resister might home-brew beer; to avoid excise taxes on gasoline, a resister might take up cycling; to avoid income tax, a resister may reduce their income below the tax threshold by embracing simple living or a freegan lifestyle. [11] For example, British citizens pay no income tax if their income is below the personal allowance. In the US the equivalent tax-free annual income is the standard deduction, though many deductions and credits allow people to earn much more than this and still avoid income tax. [11]

Opposition to war has led some, such as Ammon Hennacy and Ellen Thomas, to a form of tax resistance in which they reduce their income below the tax threshold by taking up a simple living lifestyle. [11] [12] These individuals believe that their government is engaged in immoral, unethical or destructive activities such as war, and that paying taxes inevitably funds these activities. [11] [13]

These methods differ from tax evasion in that they stay within the tax laws, and they differ from tax avoidance in that the goal is to pay as little tax as possible rather than to keep as much post-tax income as possible.

Illegal

Evasion

A resister may decide to reduce their tax paid through illegal tax evasion. For instance, one way to evade income tax is to only work for cash-in-hand, therefore circumventing withholding tax. [14]

Redirection

Some tax resisters refuse to pay all or a portion of the taxes due, but then make an equivalent donation to charity. In this way, they demonstrate that the intent of their resistance is not selfish and that they want to use a portion of their earnings to contribute to the common good.

For instance, Julia Butterfly Hill resisted about $150,000 in federal taxes, and donated that money to after school programs, arts and cultural programs, community gardens, programs for Native Americans, alternatives to incarceration, and environmental protection programs. She said:

I actually take the money that the IRS says goes to them and I give it to the places where our taxes should be going. And in my letter to the IRS I said: "I'm not refusing to pay my taxes. I'm actually paying them but I'm paying them where they belong because you refuse to do so." [15]

Refusing specific taxes

Some resisters refuse to willingly pay only certain taxes, either because those taxes are especially noxious to them, or because they present a useful symbolic target, or because they are more easily resisted.

For instance, in the United States, many tax resisters resist the telephone federal excise tax. The tax was initiated to pay for the Spanish–American War and has frequently been raised or extended by the government during times of war. This made it an attractive symbolic target as a "war tax". Such refusal is relatively safe: because this tax is typically small, resistance very rarely triggers significant government retaliation. Phone companies will cooperate with such resisters by removing the excise tax from their phone bills and reporting their resistance to the government. [16]

Refusing to pay

The most dramatic and characteristic method of tax resistance is to refuse to pay a tax – either by quietly ignoring the tax bill or by openly declaring the refusal to pay.

Some tax resisters resist only a portion of the taxes due. For instance, some war tax resisters refuse to pay a percentage of their taxes equivalent to the military percentage of the government's budget. [17]

See also

Related Research Articles

A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer by a governmental organization in order to collectively fund government spending, public expenditures, or as a way to regulate and reduce negative externalities. Tax compliance refers to policy actions and individual behaviour aimed at ensuring that taxpayers are paying the right amount of tax at the right time and securing the correct tax allowances and tax relief. The first known taxation took place in Ancient Egypt around 3000–2800 BC. Taxes consist of direct or indirect taxes and may be paid in money or as its labor equivalent.

Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government. By some definitions, civil disobedience has to be nonviolent to be called "civil". Hence, civil disobedience is sometimes equated with peaceful protests or nonviolent resistance.

<span class="mw-page-title-main">Whiskey Rebellion</span> Tax revolt in the United States from 1791 to 1794

The Whiskey Rebellion was a violent tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington. The so-called "whiskey tax" was the first tax imposed on a domestic product by the newly formed federal government. Beer was difficult to transport and spoiled more easily than rum and whiskey. Rum distillation in the United States had been disrupted during the American Revolutionary War, and whiskey distribution and consumption increased afterwards. The "whiskey tax" became law in 1791, and was intended to generate revenue for the war debt incurred during the Revolutionary War. The tax applied to all distilled spirits, but consumption of American whiskey was rapidly expanding in the late 18th century, so the excise became widely known as a "whiskey tax". Farmers of the western frontier were accustomed to distilling their surplus rye, barley, wheat, corn, or fermented grain mixtures to make whiskey. These farmers resisted the tax. In these regions, whiskey often served as a medium of exchange. Many of the resisters were war veterans who believed that they were fighting for the principles of the American Revolution, in particular against taxation without local representation, while the federal government maintained that the taxes were the legal expression of Congressional taxation powers.

Anarcho-pacifism, also referred to as anarchist pacifism and pacifist anarchism, is an anarchist school of thought that advocates for the use of peaceful, non-violent forms of resistance in the struggle for social change. Anarcho-pacifism rejects the principle of violence which is seen as a form of power and therefore as contradictory to key anarchist ideals such as the rejection of hierarchy and dominance. Many anarcho-pacifists are also Christian anarchists, who reject war and the use of violence.

<span class="mw-page-title-main">Poll tax (Great Britain)</span> Controversial system of taxation in the UK from 1989 to 1993

The Community Charge, commonly known as the poll tax, was a system of taxation introduced by Margaret Thatcher's government in replacement of domestic rates in Scotland from 1989, prior to its introduction in England and Wales from 1990. It provided for a single flat-rate, per-capita tax on every adult, at a rate set by the local authority. The charge was replaced by Council Tax in 1993, two years after its abolition was announced.

Tax noncompliance is a range of activities that are unfavorable to a government's tax system. This may include tax avoidance, which is tax reduction by legal means, and tax evasion which is the non-payment of tax liabilities. The use of the term "noncompliance" is used differently by different authors. Its most general use describes non-compliant behaviors with respect to different institutional rules resulting in what Edgar L. Feige calls unobserved economies. Non-compliance with fiscal rules of taxation gives rise to unreported income and a tax gap that Feige estimates to be in the neighborhood of $500 billion annually for the United States.

Ammon Ashford Hennacy was an American Christian pacifist, anarchist, social activist, and member of the Catholic Worker Movement and Wobbly. He established the Joe Hill House of Hospitality in Salt Lake City, Utah, and practiced tax resistance.

<i>Civil Disobedience</i> (Thoreau) 1849 essay by Henry David Thoreau

Resistance to Civil Government, also called On the Duty of Civil Disobedience or Civil Disobedience for short, is an essay by American transcendentalist Henry David Thoreau that was first published in 1849. In it, Thoreau argues that individuals should not permit governments to overrule or atrophy their consciences, and that they have a duty to avoid allowing such acquiescence to enable the government to make them the agents of injustice. Thoreau was motivated in part by his repulsion of slavery and the Mexican–American War (1846–1848).

Peacemakers was an American pacifist organization founded following a conference on "More Disciplined and Revolutionary Pacifist Activity" in Chicago in July 1948. Ernest and Marion Bromley and Juanita and Wally Nelson largely organized the group. The name “Peacemakers” was taken from a section of the Bible, the Beatitudes or Sermon on the Mount: "Blessed are the peacemakers, for they will be called children of God." The group’s organizational structure adopted a multidivisional organizational structure with a loose hierarchy, prioritizing local committees including but not limited to the Tax Refusal and Military Draft Refusal Committee. The Peacemakers were social anarchists whose organizational beliefs are largely attributed to Marxist philosophy. Peacemakers aimed to advocate nonviolent resistance in the service of peace.

<span class="mw-page-title-main">Bardoli Satyagraha</span> Civil disobedience and revolt in the Indian Independence Movement

The Bardoli Satyagraha, was a farmers' agitation and nationalist movement in India against the increased taxation of farmers by the colonial government. It demanded a cancellation of the 22% tax hike being levied in Bombay Presidency. The movement began on 12 June 1928. It was eventually led by Sardar Vallabhbhai Patel, and its success gave rise to Patel becoming one of the main leaders of the independence movement.

Conscientious objection to military taxation (COMT) is a legal theory that attempts to extend into the realm of taxation the concessions to conscientious objectors that many governments allow in the case of conscription, thereby allowing conscientious objectors to insist that their tax payments not be spent for military purposes.

<span class="mw-page-title-main">Women's Tax Resistance League</span> U.K. womens suffragist activist group (1909–1918)

The Women's Tax Resistance League (WTRL) was from 1909 to 1918 a direct action group associated with the Women's Freedom League that used tax resistance to protest against the disenfranchisement of women during the British women's suffrage movement.

<span class="mw-page-title-main">Render unto Caesar</span> Phrase attributed to Jesus in the synoptic gospels

"Render unto Caesar" is the beginning of a phrase attributed to Jesus in the synoptic gospels, which reads in full, "Render unto Caesar the things that are Caesar's, and unto God the things that are God's".

<i>The Service</i> 1840 essay by Henry David Thoreau

The Service is an essay written in 1840 by Henry David Thoreau. He submitted it to The Dial for publication, but they declined to print it. It was not published until after Thoreau's death.

A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries.

Tax protester arguments are arguments made by people, primarily in the United States, who contend that tax laws are unconstitutional or otherwise invalid.

<span class="mw-page-title-main">Vivien Kellems</span>

Vivien Kellems was an American industrialist, inventor, public speaker, and political candidate who became known for her battle with the Federal government of the United States over withholding under 26 U.S.C. §3402 and other aspects of income tax in the United States. She was also a fervent supporter of voting reform and the Equal Rights Amendment.

Tax resistance in the United States has been practiced at least since colonial times, and has played important parts in American history.

References

  1. Michael J. Nojeim (2004). Gandhi and King: The power of nonviolent resistance. p. 142. ISBN   9780275965747.
  2. "What is War Tax Resistance?". NWTRCC.
  3. 1 2 3 David F. Burg (2004). A World History of Tax Rebellions. pp. vi–viii. ISBN   9780203500897.
  4. Morris, p. 184.
  5. Erich Kirchler (2007). The Economic Psychology of Tax Behaviour. p. 182. Governments as far back as ancient Egypt have struggled to maintain compliance with tax laws. Indeed, it has been suggested that tax resistance has played a significant role in the collapse of several major world orders, including the Egyptian, Roman, Spanish and Aztec empires (Erard, 1997).
  6. David M. Gross, ed. (2008). We Won't Pay: A Tax Resistance Reader. pp. 1–7.
  7. "History of war tax resistance". The Peace Tax Seven.
  8. 1 2 3 David M. Gross, ed. (2008). We Won't Pay: A Tax Resistance Reader. p. Back cover.
  9. Thou Shalt Not Kill.
  10. "How to Refuse to Pay for War".
  11. 1 2 3 4 "Low Income/Simple Living as War Tax Resistance". NWTRCC.
  12. Matt Hagengruber (July 9, 2000). "DC protest group stands test of time". KnightRidder. I decided that when I didn't need to worry about providing for my daughter, I was going to reduce my income to below the poverty level so I wouldn't have to pay taxes, because I don't agree with the policies [of the U.S. government]
  13. Picket Line Annual Report.
  14. "The Picket Line — 16 February 2006". Sniggle.net. 2006-02-16. Retrieved 2010-09-01.
  15. Smith, Gar " An Interview with Julia Butterfly Hill: Part 1", The Edge (26 May 2005).
  16. "Not paying phone tax becomes war protest" San Francisco Chronicle 4 December 2005.
  17. "History of War Tax Resistance". War Resisters League. 2008-03-23. Retrieved 2023-10-21.

Further reading