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“Elon Musk provision:” CA ponders wealth tax–even for those who moved out of state

U.S. AIR FORCE ACADEMY, Colo. -- Tesla Inc. Chief Executive Officer Elon Musk speaks with Lt. Gen. Richard Clark, Superintendent of the U.S. Air Force Academy, during the Ira C. Eaker Distinguished Speaker Presentation in the Academy's Arnold Hall on April 7, 2022 in Colorado Springs, Colo. (U.S. Air Force photo by Trevor cokley)

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California legislators are advocating for legislation that would introduce a new tax on the state’s wealthiest residents, even if they have already relocated to another area of the country. The bill was introduced by Assemblyman Alex Lee, a progressive Democrat in the California State Legislature. 

Lee’s bill would impose an additional annual 1.5% tax on individuals with a “worldwide net worth” over $1 billion, beginning as early as January 2024. As early as 2026, the bill’s threshold would drop, as individuals with a worldwide net worth over $50 million would also be hit with a 1% annual tax on wealth. Lee estimates that the proposal could raise about $22 billion in new revenue for the state. 

In a post on Twitter, Lee noted that the bill is a way for the ultra-rich to pay their fair share. “The working class has shouldered the tax burden for too long. In CA, we’ve introduced #ACA3 + #AB259 to tax the ultra rich & invest in all Californians. The ultra rich are paying little to nothing by hoarding their wealth through assets. Time to end that,” Lee wrote in a post

While exit taxes are not new in California, the bill includes provisions to create contractual claims tied to the assets of wealthy taxpayers who are unable to pay their annual wealth tax bill because the majority of their assets are not easily converted to cash. The bill would then require annual filings with the California Franchise Tax Board so the individuals can pay the wealth taxes they owe, even if they have already relocated to another state. 

Steve Boultbee, a tax partner at Marcum LLP in San Francisco, told the San Francisco Business Times that the proposed tax appears to be a way to discourage residents of California from relocating to another state, especially before an initial public offering or other liquidity events. Boultbee noted that individuals such as Tesla CEO Elon Musk could be affected by the bill. 

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You’re gonna have to have left four years before, or they’re going to conceivably get you for something. My first thought is that this could be an ‘Elon Musk provision’ since he moved to Texas,” the tax partner said.

Supporters of the legislation have argued that the funds it could collect from the state’s wealthiest could provide funding for key programs, such as schools, housing, and other social initiatives. Experts, however, have argued against the bill. Jared Walczak, vice president of state projects at Tax Foundation, noted in a statement to Fox News Digital that the bill would actually damage the state’s economy. 

“The proposed California wealth tax would be economically destructive, challenging to administer, and would drive many wealthy residents — and all their current tax payments — out of state. The bill sets aside as much as $660 million per year just for administrative costs, more than $40,000 per prospective taxpayer, giving an idea of how difficult such a tax would be to administer. 

“A wealth tax could be particularly destructive in California, home to so many tech startups, because the owners of promising businesses could be taxed on hundreds of millions of dollars’ worth of estimated business value that never actually materializes. Very few taxpayers would remit wealth taxes, but many taxpayers would pay the price,” Walczak added.

Patrick Gleason, vice president of state affairs at Americans for Tax Reform, also told the publication that the bill’s system to “get around” the problem of the wealthy leaving California by trying to “tax people even after they leave the state” is questionable at best, or unconstitutional at worst. It should be noted that previous studies have demonstrated that the top 1% of taxpayers in states such as New York and California actually contribute approximately 50% of state income taxes, just as highlighted by individuals such as Elon Musk in the past. 

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According to Forbes’ 2022 World’s Billionaires list, California remains home to the most billionaires in the country, with 186 living in the state. This is a decrease from the previous year’s count of 189. Despite this, several companies, such as McKesson, Oracle, Tesla, and Charles Schwab, have relocated their headquarters to Texas in recent years.

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Delaware Supreme Court reinstates Elon Musk’s 2018 Tesla CEO pay package

The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla.

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

The Delaware Supreme Court has overturned a lower court ruling, reinstating Elon Musk’s 2018 compensation package originally valued at $56 billion but now worth approximately $139 billion due to Tesla’s soaring stock price. 

The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla. Musk quickly celebrated the outcome on X, stating that he felt “vindicated.” He also shared his gratitude to TSLA shareholders.

Delaware Supreme Court makes a decision

In a 49-page ruling Friday, the Delaware Supreme Court reversed Chancellor Kathaleen McCormick’s 2024 decision that voided the 2018 package over alleged board conflicts and inadequate shareholder disclosures. The high court acknowledged varying views on liability but agreed rescission was excessive, stating it “leaves Musk uncompensated for his time and efforts over a period of six years.”

The 2018 plan granted Musk options on about 304 million shares upon hitting aggressive milestones, all of which were achieved ahead of time. Shareholders overwhelmingly approved it initially in 2018 and ratified it once again in 2024 after the Delaware lower court struck it down. The case against Musk’s 2018 pay package was filed by plaintiff Richard Tornetta, who held just nine shares when the compensation plan was approved.

A hard-fought victory

As noted in a Reuters report, Tesla’s win avoids a potential $26 billion earnings hit from replacing the award at current prices. Tesla, now Texas-incorporated, had hedged with interim plans, including a November 2025 shareholder-approved package potentially worth $878 billion tied to Robotaxi and Optimus goals and other extremely aggressive operational milestones.

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The saga surrounding Elon Musk’s 2018 pay package ultimately damaged Delaware’s corporate appeal, prompting a number of high-profile firms, such as Dropbox, Roblox, Trade Desk, and Coinbase, to follow Tesla’s exodus out of the state. What added more fuel to the issue was the fact that Tornetta’s legal team, following the lower court’s 2024 decision, demanded a fee request of more than $5.1 billion worth of TSLA stock, which was equal to an hourly rate of over $200,000.

Delaware Supreme Court Elon Musk 2018 Pay Package by Simon Alvarez

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Tesla Cybercab tests are going on overdrive with production-ready units

Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the vehicle being reported across social media this week.

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Credit: @JT59052914/X

Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the autonomous two-seater being reported across social media this week. Based on videos of the vehicle that have been shared online, it appears that Cybercab tests are underway across multiple states.

Recent Cybercab sightings

Reports of Cybercab tests have ramped this week, with a vehicle that looked like a production-ready prototype being spotted at Apple’s Visitor Center in California. The vehicle in this sighting was interesting as it was equipped with a steering wheel. The vehicle also featured some changes to the design of its brake lights.

The Cybercab was also filmed testing at the Fremont factory’s test track, which also seemed to involve a vehicle that looked production-ready. This also seemed to be the case for a Cybercab that was spotted in Austin, Texas, which happened to be undergoing real-world tests. Overall, these sightings suggest that Cybercab testing is fully underway, and the vehicle is really moving towards production.

Production design all but finalized?

Recently, a near-production-ready Cybercab was showcased at Tesla’s Santana Row showroom in San Jose. The vehicle was equipped with frameless windows, dual windshield wipers, powered butterfly door struts, an extended front splitter, an updated lightbar, new wheel covers, and a license plate bracket. Interior updates include redesigned dash/door panels, refined seats with center cupholders, updated carpet, and what appeared to be improved legroom.

There seems to be a pretty good chance that the Cybercab’s design has been all but finalized, at least considering Elon Musk’s comments at the 2025 Annual Shareholder Meeting. During the event, Musk confirmed that the vehicle will enter production around April 2026, and its production targets will be quite ambitious. 

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Tesla gets a win in Sweden as union withdraws potentially “illegal” blockade

As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal. 

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Andrzej Otrębski, CC BY-SA 4.0 , via Wikimedia Commons

Swedish union Vision has withdrawn its sympathy blockade against Tesla’s planned service center and showroom in Kalmar. As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal. 

Vision’s decision to pull the blockade

Vision announced the blockade in early December, stating that it was targeting the administrative handling of Tesla’s facility permits in Kalmar municipality. The sympathy measure was expected to start Monday, but was formally withdrawn via documents sent to the Mediation Institute and Kalmar Municipality last week. 

As noted in a Daggers Arbete report, plans for the strike were ultimately pulled after employer group SKR highlighted potential illegality under the Public Employment Act. Vision stressed its continued backing for the Swedish labor model, though Deputy negotiation manager Oskar Pettersson explained that the Vision union and IF Metall made the decision to cancel the planned strike together.

“We will not continue to challenge the regulations,” Petterson said. “The objection was of a technical nature. We made the assessment together with IF Metall that we were not in a position to challenge the legal assessment of whether we could take this particular action against Tesla. Therefore, we chose to revoke the notice itself.”

The SKR’s warning

Petterson also stated that SKR’s technical objection to the Vision union’s planned anti-Tesla strike framed the protest as an unauthorized act. “It was a legal assessment of the situation. Both for us and for IF Metall, it is important to be clear that we stand for the Swedish model. But we should not continue to challenge the regulations and risk getting judgments that lead nowhere in the application of the regulations,” he said. 

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Vision ultimately canceled its planned blockade against Tesla on December 9. With Vision’s withdrawal, few obstacles remain for Tesla’s long-planned Kalmar site. A foreign electrical firm completed work this fall, and Tesla’s Careers page currently lists a full-time service manager position based there, signaling an imminent opening.

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