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Taxing Times
By Kate Burch

Some years ago, Ohio instituted a sales tax, now 5.75%, on satellite TV services.  The cable TV providers successfully lobbied to avoid the tax, claiming that a sales tax, on top of “franchise fees” the cable companies were required to pay to the state, would put them at a competitive disadvantage.  The satellite companies have tried several times, unsuccessfully, to achieve equal treatment.  The Ohio Supreme Court affirmed the satellite tax, accepting the cable lobbyists’ argument.  The U.S. Supreme Court refused to hear the case. 

The satellite companies’ position is that the tax is unfair because it does not treat like services alike.  They say it is like the state giving a discount to people who buy a Chrysler, but not to those who buy a Ford.  They also make the case that the tax unfairly penalizes rural customers and those who live in lower income areas who often have no opportunity to choose cable because the cable companies do not service their communities.  Another point they make is that the “franchise fees” are paid to the state in exchange for the right to install cable, which involves digging up streets and hanging wires on public property; these are a cost of doing business, different from a tax imposed on their customers.  The satellite companies claim that the state’s policy is tantamount to the government choosing winners and losers in the marketplace. 

Now, Governor Kasich has proposed levying an equal sales tax on cable TV services, in order to achieve parity.  This proposal will be reviewed in the Ohio Senate.  Another option, of course, would be to remove the sales tax from satellite services (on a cold day in Hell.)  Ohio is, by the way, one of only eight states that imposes a sales tax on pay-TV services.

To me, this is a good example of how numerous difficulties can arise with imposition of the incredibly complex tax codes we have at the state and national levels.  Bureaucrats’ attempts to be “fair” seem to inevitably tick someone off, and then come the lawyers.  So much trouble would be avoided if we scrapped the tax code and financed the government with a consumption tax, such as the FairTax. 

In the meantime, if you have an opinion about the satellite tax issue, contact your state Senator and let him or her know about it. 


 
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