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It bans taxes on "articles exported". Banknotes, shares of stocks, bonds, title to real property--these are arguably not "articles". You couldn't tax a crate
by logfromblammo 7y ago
It bans taxes on "articles exported". Banknotes, shares of stocks, bonds, title to real property--these are arguably not "articles".
You couldn't tax a crate of polypropylene combs going from Chicago to Shenzhen. You might be able to tax the sale of 100 shares of stock in Acme Unbreakable Combs, Inc. to Chan Jingwei of Shenzhen on the Nasdaq exchange. Maybe tax the transfer of technical plans and patent rights for a comb-making machine from AUC Inc. to Acme Shenzhen Manufacturing, a Chinese corporation. And you might be able to tax the sale of a Seattle 4000-sqft 5-bedroom house to Mr. Chan.
In all those cases, you're not moving goods, you're moving ownership.
- CharlesColeman 7y agoIs there any caselaw that takes that view?
- logfromblammo 7y agoSomeone would have to enact a law establishing an export tax first. As far as I am aware, you can't challenge a law as unconstitutional until it has been passed and signed.