Comment by halgir 3 months ago
Reminds me of when lawyers successfully argued that X-Men are not human, so that their action figures would be classified as "toys" rather than "dolls" and thus charged a lower tariff.
https://en.wikipedia.org/wiki/Toy_Biz%2C_Inc._v._United_Stat...
Snuggies are "used" and not "worn" in their promotional materials, because it's better to be taxed as a blanket than a garment.
https://taxprof.typepad.com/taxprof_blog/2017/02/snuggies-ar...
Wonder if you could either sue them for delivering an insufficient product (it does not function as a slipper under the definition for longer than a day after walking) or keep returning them under warranty.
Hoo boy we have some classics in that category in the UK.
My personal fave is when morning TV host Lorraine Kelly successfully argued she wasn’t hosting as herself but acting a character called Lorraine Kelly, with very favourable tax consequences.
There was also the famous decision in the Jaffa Cake case where the VAT treatment depended on whether or not a Jaffa cake was a cake or a biscuit https://standrewseconomist.com/2023/12/31/let-them-eat-cake-...
The tribunal decided that Jaffa Cakes were cakes because when they go stale they go hard like a cake whereas a biscuit tends to go soft when it goes stale.
There’s another one about Walkers taste sensations poppadom snacks. Question was, is it a crisp or not? Can’t remember the outcome
The specifics were about whether it required any additional preparation like a traditional poppadom vs being a ready to eat snack like a crisp.
Walkers lost the case.
https://www.theguardian.com/business/2024/jan/19/walkers-min...
This is akin to Fox News arguing in court that it is, in fact, entertainment and not news, despite it's name.
It's true though. All cable news is "entertainment news", not "news".
Nobody should have been getting their "news" from Tucker Carlson, Don Lemon, or Rachel Maddow.
IMO they shouldn't be allowed to call themselves news without putting entertainment in front.
Absolutely- even as a lifelong leftie, I find the rhetoric on CNBC just as sickening as that on Fox.
I've (somewhat sardonically) wondered if they're both false flag operations. Imagine CNBC started with the idea "we'll parody the left to make them seem radical and unreasonable" but accidentally developed a huge following who didn't get the joke.
Thank you for pointing this out. Carlson and Maddow made nearly identical arguments in court and if both are not mentioned in the same breath, the speakers bias is instantly displayed to anyone who is educated on this topic.
> IMO they shouldn't be allowed to call themselves news without putting entertainment in front.
Agreed but the average person wouldn't understand that Entertainment News was different than News. The problem goes deeper. I despair.
What Fox News argued was a bit more nuanced than that all of Fox News isn't news. Rather, "Fox successfully argued that one particular segment on Tucker Carlson’s show could only be reasonably interpreted as making political arguments, not making factual assertions, and therefore couldn’t be defamation."[1]
That feels like a fairly reasonable assertion for anybody watching Tucker Carlson.
[1] https://popehat.substack.com/p/fox-news-v-fox-entertainment-...
Alex Jones argued this, with the obvious implication, that whoever buys Infowars also owns the character of Alex Jones, and Alex Jones cannot play Alex Jones any more without infringing their copyright. (But I suspect this incoming government doesn't care to apply logical consistency to his case)
I think Steven Colbert hosted a show using himself as the host. I’m not sure about the tax implications though.
And then when he tried using the "Steven Colbert" character on a different show, Comedy Central threatened him because Steven Colbert does not have rights to the "Steven Colbert" character.
Al Shugart started Shugart Associates and pretty much created the 5 1/4" floppy market. He sold to Xerox. He later started Shugart Technology and was promptly threatened with a lawsuit because he literally had sold his rights to his own name (in the particular context). He changed the name to Seagate Technology and the rest is history.
Yes, you can be enjoined from using your own name.
That doesn’t seem like that should be possible. He sold his identity for life? Hollywood really does ask for your soul huh.
It would make sense why he’s never even jokingly gone back into that character on his new show.
I'm pretty sure that was Chuck Noblet pretending to be Steven Colbert.
I'm not from the UK, but wasn't there also a cake Vs biscuits thing for tax reasons?
Yes, Jaffa Cakes - minature sponge cakes flavoured with Jaffa oranges. Cakes aren't subject to Value Added Tax in the UK, which allows them to be sold more cheaply to the consumer or have a greater profit margin. A tribunal confirmed that they are true, real and genuine cakes, so you may feel entitled to enjoy your tax-free treat!
https://www.telegraph.co.uk/finance/newsbysector/retailandco...
I love strange musicals! Link in case anyone else is curious: https://playbill.com/article/is-it-a-cake-or-a-biscuit-a-jaf...
Subway fell on the wrong side of similar tax laws in Ireland - their sugar content in their bread was too high, so for tax purposes, their subs are legally cakes: https://www.npr.org/2020/10/01/919189045/for-subway-a-ruling...
The window tax features prominently in a visual novel video game (The Great Ace Attorney Chronicles), which also contains a bunch of wildly outlandish historical nonsense and characters like mad-scientist inventors, teleportation devices, and Sherlock Holmes types. I was blown away to learn the window tax was actually a real thing, not something silly just made up for the game.
Daylight Robbery [1]
[1]: https://www.goodreads.com/book/show/43805741-daylight-robber...
I had a friend that argued that Marshall Mathers (Eminem) could never actually be sued for defamation because most of the defamatory things "he" said wasn't actually him saying it, but Slim Shady.
Hah.
Sounds insane. But what is more surprising to me - is why dolls were taxed differently than other toys. At first glance, it looks like stupid rules force to play silly games.
Possibly, bisque and china dolls were often imported from Germany.
In India, the pizza base has a different tax rate than the topping and so some restaurants will have two separate lines on your pizza bill - one for the base at 5% tax and another for the topping at 18% tax.
The tax on popcorn is also totally crazy. "Unpackaged and unlabelled popcorn with salt and spices is categorised as 'namkeen' and taxed at 5%. Pre-packed and labelled ready-to-eat popcorn attracts a 12% GST rate. Caramelized popcorn with added sugar is taxed at a higher rate of 18%."
What I think is happening is that the place is specifically charging different tax rates for each part of the pizza. That does seem odd but the alternative would be to tax the whole of the pizza at a higher tax rate than the one presented. Example, most countries might put a whole pizza at, say, 10% VAT, while here part of it is at, say, 4% and the rest at 10%. Ideally that's cheaper.
The pizza thing seemed incredibly silly to me. Surely the restaurant has already paid the tax when they bought the raw ingredients? Must any product served in a restaurant be taxed according to the rate of the most highly taxed ingredient in it, regardless of proportion?
So I looked it up. And yes, that is exactly the case, and it's an absurd situation that is causing massive headaches.
did you get a second glance? did you figure out why they are taxed differently?
Sadly no..., I browsed quickly and found this post https://slate.com/business/2011/12/are-mutants-human.html which leads to a dead link to the podcast. Did not listen to the podcast (yet).
I also expected somebody from this community to enlight me :)
Or my shirt that has a tiny, useless pocket on the inside of my shirt (down where it might often be tucked inside of your waistband.) It has a tag with a picture of sunglasses on it, and a reasonably sized pair of sunglasses might just tenuously perch inside.
This makes it a jacket, and jackets are taxed at a lower rate than shirts.
The same shenanigans more or less work for most types of taxation. There’s always an angle to reduce or even eliminate taxes, unless you work on salary or for wages. It’s clear who the system is built for lol.
It’s a silly world where people who never worked send people who only worked as mobsters to take money from people who work for a living. Then the first two groups share that money in 999999:1 proportion. They call it “taxation”.
It has upsides like having an army for defense, roads and other common things. But don’t forget the primary nature and motivation behind it. They just want your money, and your offspring to please them in various ways.
This reminds me of maybe the worst tax in human history which is also unconstitutional. The Pauschalabgabe[0] in Germany, which also got adopted in other countries, implements a freely decidable flatrate tax on all mediums which can be used to create a pirated copy.
How much tax for a laser printer? Well it depends how fast it prints:
Up to 14 pages/Minute: 25,00 € Up to 39 pages/Minute: 50,00 € From 40 pages/Minute: 87,50 €
For every storage medium this tax has been paid, because of the possibility of making a pirated copy. Technically we all paid already to make pirates copies.
It would actually be way to miss. If it hadn’t been marked with a sunglasses emblem, I would have easily thought it was just a gusset. It’s just one of the bottom front corners of the left side of the shirt, with a triangular gusset that is big enough to just hold 2/3 of a pair of glasses, mesh, in this particular case.
This sort of thing happens relatively often; Sony also tried (unsuccessfully) to have the PS2 deemed a personal computer (which would have lead to 0 tariffs in the EU): https://en.wikipedia.org/wiki/Yabasic#PlayStation_2
IIRC the PS3 Linux option existed because of this same tariff.
I often wonder what the ROI is on this. How much did Sony have to pay engineers to implement this interesting but seemingly pretty useless functionality vs. what it actually saved them in the aforementioned tariffs? I know the knee jerk reaction is to say it obviously saved them some money or they wouldn't have done it, but I've seen far too much corporate stupidity in my life to take that as a given. I'd love to see the data.
If it can run a desktop linux environment it's a PC. That said it probably should only count if the preinstalled software is Linux and not some games OS.
Maybe it was just a passion project for the engineers or even Ken Kutaragi ? See also Net Yarose, Linux For Playstation 2, Other OS & Yellow Dog Linux for Playstation 3.
Or when the makers of Jaffa Cakes baked a giant 12 inch version[1] and brought it to the court to argue they were cakes and not biscuits to get lower VAT.
[1]: https://www.todayifoundout.com/index.php/2015/10/time-compan...
Most UK bikkies are meh, though. I have to import ones from NZ here to survive.
Mallowpuffs are so much better than tea cakes. Squiggles, Tim tams, chit chats, sultana pasties, griffins macaroons, toffee pops, hundreds and thousands, mint slice.
Whereas here it's mostly shortbread or bourbons/custard creams.
Which legally probably also makes it a fairy tale
"It's a nice story and the court won't prevent you from telling it, but legally these beings in that story are clearly NOT humans"
Hilarious.
And also, they are an "on your face" depiction of the dehumanization of the Holocaust victims...
This was also the reason for the (in)famous BRAT seats:
Technically the ones they got in hot water for were from EU to get around the Chicken Tax.
A bunch of fun articles around these areas in the UK (free to read, think you might need an account though - apologies). Two food and one toy:
https://www.ft.com/content/5af5b182-349a-4a25-b4fb-4551908f2...
https://www.ft.com/content/a6a54008-6059-4052-99ae-282f148f2...
https://www.ft.com/content/a8d6413e-1184-4f89-9bcb-4f6cb8d7a...
I wonder if there is any place where one can look up all these sort of creative legal-tax shenanigan stories. They are so fun and such an interesting lens to see what _is_ via this interlinked, case-specific web of events.
The book is called Daylight Robbery: How Tax Shaped Our Past and Will Change Our Future
https://www.goodreads.com/book/show/43805741-daylight-robber...
When Trump set a tariff on German optics because he was mad at Germany, Leica had a workaround as well.
Most of their equipment is made in Portugal and finished in Germany, with whatever WTO agreed % of value added that allows them to stamp "Made In Germany" on the goods.
So for US markets they issues a series of lenses that were more fully finished in the Portuguese factory such that they could be stamped "Made In Portugal".
Thanks, amazing story! I found this nice coverage of the events: https://www.mentalfloss.com/article/92007/why-us-federal-cou...
exactly, that was core to the whole plot; oppressed mutants fighting to have their basic human rights recognized.
This has interesting implications for the Marvel canon, as the conflict between average humans and mutants is a primary plot driver for x-men
There's also Converse that adds a piece of cloth to the soles of their sneakers to be able to classify them as slippers for "taxation purposes".
https://www.smithsonianmag.com/smart-news/this-is-why-your-c...