01/24/2023
I suppose that some of you think it is a wonderful thing to tax a person’s wealth in addition to their income if they have over $1 billion is wealth – however that is defined. This figure would drop to $50 million in 2026 presumably because by then we would all be getting used to this new intrusion into personal finances. Wealth would include things such as farm holdings, artworks and other collectibles meaning that annual appraisals of these illiquid assets would be necessary. The more controversial part of this proposal is to tax people who move out of the state.
The Sixteenth Amendment of the Constitution says: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” Notice the word “incomes” in this sentence. It does not say “wealth.” So, would this measure pass constitutional muster. Not likely but California is known to pass many laws which later get knocked down by the federal courts.
The federal government does have an exit tax for people who leave the country and give up their citizenship. The tax is on any unrealized gain in their assets. This seems to make some sense as these gains were somewhat derived from the privilege of being a citizen.
California Democrats introduced legislation that would impose a new tax on wealthy residents — even if they've already moved out of the state.