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When people talk about taxes being illegal, they are usually referring to one type of taxation in particular - income tax. Nobody likes paying tax of any sort but very few would argue that in a developed society it is a necessary evil

In the history of taxation, income tax is a relative newcomer. In Great Britain, income tax was only introduced on a permanent basis in 1842, although it had been used as a temporary measure to pay for the Napoleonic Wars before this. Similarly, in the U.S.A. income tax was first introduced during the Civil War but then fell into abeyance until the ratification of the 16th Amendment gave Congress the right to tax income.

The reason why the myth that taxes are illegal has come about is that, as with any other matter of law, non-compliance is likely to result in court action and a probable conviction unless a reasonable defence can be made. With income tax, there is no possible defence. The law states that income will be taxed at a certain level and, provided you are liable, that is the amount you must pay. However, there is one line of defence; if a law is proved to be illegal for any reason, it cannot be upheld in the courts. For anyone who refuses to pay their tax, this is often the only defence argument available, even though no court has ever found for it.

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