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Location: Nashville, Tennessee, United States

4/30/2003

Strike This Proposal
There's a proposal in Mempis for a local payroll tax. I don't think Chris Lawrence likes the idea much. Incidentally, the politicians in Memphis are calling the proposed levy a "workplace privilege tax," but it would be 1 percent of income, which makes it an income tax. And the Tennessee constitution expressly forbids such taxes, in Article XI, Section 9, where it says: The General Assembly shall not authorize any municipality to tax incomes, estates, or inheritances, or to impose any other tax not authorized by Sections 28 or 29 of Article II of this Constitution. Nothing herein shall be construed as invalidating the provisions of any municipal charter in existence at the time of the adoption of this amendment. In layman's terms, the legislature may not allow municipalities to levy an income tax because, whaddya know, the legislature itself is not authorized by Article II, Sections 28 and 29, to levy such a tax at the state level. Bottom line: the "workplace privilege tax" being proposed in Memphis is illegal.