Is an assessment paid to a town owned golf course that puts that revenue into it’s general fund a legal tax on people who do not live in that town?

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Is an assessment paid to a town owned golf course that puts that revenue into it’s general fund a legal tax on people who do not live in that town?

Local golf course I play at charges a 2 per round

Asked on November 15, 2016 under Business Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may feel like a tax, but legally it is not: government is allowed to charge fees for services or use of government facilities and those fees may be used to support general governmental operations, even if they fall in whole or in part on people who do not live in that town. The fees are voluntary fees, not taxes, because 1) anyone not wanting to pay it can avoid them simply by not using that service or facility (e.g. not playing golf there); and 2) there is a direct quid for pro quo--you pay for the service or access you are getting. 


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