Re:So you want to tax the rich? OK, let's start with Harvard
by bryanrasmussen on Wednesday April 28, 2021 @05:45AM
(#26967550)
I think an argument would be if a church did not pay its tax what would happen? If the church would be closed that would be in violation of the amendment.
However I thought that it is not just that religions are not taxed, but rather that non-profits are not taxed and religions are just a special type of non-profit.
on edit: wrote it's instead of its.
Re:So you want to tax the rich? OK, let's start with Harvard
by Turing_Machine on Wednesday April 28, 2021 @01:48PM
(#26972071)
Using that argument, newspapers shouldn't have to pay taxes either. If a newspaper doesn't pay its taxes, it will be closed, which (according to this argument) would be a violation of the freedom of the press clause.
Re:So you want to tax the rich? OK, let's start with Harvard
by bryanrasmussen on Wednesday April 28, 2021 @05:55PM
(#26974754)
good point, didn't think of that. but the second part still stands, that they don't pay taxes because they are non-profits.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" Part 2 would be the key aspect not part one. The question would be whether the free exercise is inhibited by tax on institutions or whether religion is intangible and separate from institutions and thus still free practice is available. I'm not sure how it would lean but a somewhat similar concept is tax on guns which is legal, though the wording is different.