Is taxation legalised theft by the state?

Question

If I refused to pay my taxes to Blair's corrupt partner in crime Gordon 'Stalin' Brown, I'd end up in prison. But has anyone ever challenged the Government in a court of law with regard to the validity of stealing 30% of their income every month under the name of 'taxation'?

Put simply, what is the legal basis for taxation, and is it sound?

Answer 1

Molly, this question is obviously based on the UK position. As it happens, there is a rather tenuous legal basis for charging any form of taxation in the UK (except that directly related to land). What the law does is create an obligation (taxes) to the Crown for consideration (public services). it is rather tortured language but it stood up in court a long time ago and no-one has seriously attempted to challenge it for decades. One must wonder what would happen if the m onarchy were ever abolished. I suspect that we would need a referendum on a constitution and it would need to contain language similar to the American Constitution. Whether the UK would go for the original constitution or the Sixteenth Amendment remains to be seen. My money is on the 16th Amendment.

I have to agree that the European angle would make success almost impossible in the current climate. If the Law Lords found in favour of the taxpayer, I think it would be easily overturned by the ECJ.

As for the American position, the 16th Amendment is lawful, like it or not. Successive Supreme Courts have so held and they are not going to alter it without a massive struggle. In any case, the only credible issues with that amendment are those relating to technical matters in certain states - spellinmg mistakes in the resolution, stuff like that.

Answer 2

No, taxation is not legal-theft by the state.

Just because you don't like a law doesn't make that law evil.

The legal basis for taxation is written into most state's constitutions. Yes, it could be challenged if part and/or all of it threatened to be unconstitutional but you'd be very hard pressed to find a court that would do that.

But if you don't like things like public education, libraries, roads, police, fire departments, water, sewer, support for other utilities, tourism and a long list of other items, then by all means start a revolution! You'd have to give up practically everything you know today because it would all change.

Answer 3

All the governments have always taken taxes, to fund their political activities. Although many of them do seem to be unfair, and have been through the ages. I don't suppose the present government is taking any more then any other government has, relatively speaking. I guess they take as per the needs off the times.
There have been some very unfair taxes in the past, poll tax, window tax-a tax on the amount of light aloud into your home. etc. They'll want to tax the amount off air we breath next, with a test to measure lung capacity.

Answer 4

Taxation is not regarded as theft but as funding in order to pay for the state to exist.

You'll find that it can not be challenged in the Courts, as the European Court of Human Rights has already ruled that without taxation, a state would not be able to fund itself, and therefore would not be able to exist. As such, tax is not regarded as illegal under any law.

Answer 5

All I would say is tax EVERYBODY in accordance to their wealth or earnings.

i.e. Charge a percentage of earnings or income.

Not just because you want to live in a big house or drive a big car.

Answer 6

we're not supposed to say yes but we all know the answer to this question...

All stems from Kings of years gone by offering protection (in exactly the same way as the Mafia) but because the Government own the country it's all okay...

Answer 7

Yes and where is Robin Hood when you really need him.

Answer 8

Allways has been,allways will be.