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Is a tax on wealth constitutional ? Erik M. Jensen

By: Jensen, Erik M.
Material type: ArticleArticlePublisher: 2019Subject(s): RIQUEZA | RENTAS ALTAS | IMPUESTOS | INCONSTITUCIONALIDAD | ESTADOS UNIDOSOnline resources: Click here to access online In: Journal of Taxation of Investments v. 36, n. 3, Spring 2019, p. 79-86Summary: Informal proposals to enact a national wealth tax have been around for a while, but Senator Elizabeth Warren is now promoting a specific form of wealth tax: a tax on the net wealth of high-net-worth individuals. Whatever the economic and ethical merits of such a proposal, this article concludes that the tax as proposed would be unconstitutional. It would be a direct tax that, if not apportioned among the states on the basis of population, would fail to meet constitutional requirements. Furthermore, if it were apportioned, it couldn’t work in the way Senator Warren wants it to.
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Resumen.

Informal proposals to enact a national wealth tax have been around for a while, but Senator Elizabeth Warren is now promoting a specific form of wealth tax: a tax on the net wealth of high-net-worth individuals. Whatever the economic and ethical merits of such a proposal, this article concludes that the tax as proposed would be unconstitutional. It would be a direct tax that, if not apportioned among the states on the basis of population, would fail to meet constitutional requirements. Furthermore, if it were apportioned, it couldn’t work in the way Senator Warren wants it to.

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