When is Enough Enough?

The imposition of a registration fee to pay Denver's Occupational Privilege Tax is, in my opinion, a tax increase disguised as a fee. As a director of a Corporation I am now told that in order to pay the $48 annual OPT I must also pay a $50 registration fee. This tax increase was not done with the approval of the voters as required by TABOR, and is therefore illegal.

It is also interesting to note that there are no fines or penalties for not paying this fee. At some point, we have to stand up and refuse to pay illegal fees. For me, that point came yesterday when I sent this letter back to the Manager of Finance.

Date: 9/15/2010

From: Gerald Trumbule

To: Manager of Finance, Denver

Re: Denver Occupational Privilege Tax Fee                       

Dear Sir:

I have your notice dated 8/3/10 requesting that I send you $50 to register a business that is already registered. I note that this “fee” is payable every other year. In other words, it is not a fee but a tax. All tax increases must be approved by the voters. This was not. Therefore it is an illegal tax and I respectfully decline to pay it.

I also note that there are no fines for non-payment or late payment. I was informed that you would “turn it over to collections” if it is not paid.  

 Gerald Trumbule

What does "turn it over to collections" mean? Stay tuned to find out.