Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Business Roundtable Urges Corporate Tax Reform

Author: James F. McDonough

Date: March 16, 2015

Key Contacts

Back

The Business Roundtable recently urged a reform of federal corporate tax policy, and John Engler, president of the industry representative, presented this view to Washington lawmakers on March 11.

During a Senate hearing about balancing the federal budget, Engler, a former governor of Michigan, emphasized the importance of pro-growth policies.

Corporate Tax Policy

The former governor warned that if the federal government keeps generating deficits, such a situation will have an adverse impact on economic conditions. With this concern in mind, he pointed out flaws he perceives in the current corporate tax policy and offered some solutions.

Engler specifically stated that U.S. companies have a harder time expanding in the global economy because of the nation’s corporate tax system, and that this situation undermines the labor market, wages and investment in the world’s largest economy.

Foreign M&A

In addition, U.S. tax policy prompted a large number of foreign companies to purchase American businesses, according to a study released by the Business Roundtable March 10. This research, conducted by EY, evaluated more than 25,000 cross-border merger and acquisitions.

The accounting firm compared the differing outcomes of using the corporate income tax rates that existed between 2003 and 2013 and a rate of 25 percent, the average of The Organisation for Economic Co-operation and Development nations.

M&A trends

The research found that if the U.S. tax code had used the lower rate during this period, U.S. companies would have purchased $590 billion in cross-border assets as opposed to losing $179 billion worth of these assets.

The difference between the two figures is $769 billion, which represents the amount of assets American businesses have lost because of the tax policy used at the time. In addition, the report estimates that if the nation had used a 25 percent corporate income tax rate, doing so would have resulted in 1,300 companies remaining in the U.S. during the last 10 years.

Amid all these figures, Engler lamented the outflow of key resources he believes have stemmed from current income tax treatment of companies based in the world’s largest economy. As a result of these policies, the U.S. has become “a net exporter of headquarters, valuable assets and startup technologies,” he said in a statement released along with the results of the EY study. “We’ve got to reverse this trend.”

Engler’s proposal

To fix the situation, Engler suggested taking two key steps. For starters, he proposed lowering the corporate income tax rate at 25 percent, which he contended would be more competitive than the current policy.

Secondly, he suggested adopting a “territorial” system of taxation, which would stop penalizing the repatriation of foreign earnings to the U.S. once and for all. In addition, this proposed system would eliminate any taxation of the active foreign earnings of American companies over and above the foreign taxes paid.

By doing so, Engler contended the U.S. federal government would align its tax policy with that of its largest trading partners.

Experts weigh in

While Engel has claimed that existing corporate income tax policy is undermining U.S. business conditions, some experts contend the accounting firm’s analysis oversimplifies the situation, The Wall Street Journal reported. According to these pundits, the impact that such policies have on U.S. companies is uncertain.

A perfect example of how the tax code can encourage American companies to buy foreign firms is the current treatment of repatriated earnings, according to the news source. Under existing policy, firms need to pay income taxes on any earnings they produce overseas and then bring back home. As a result, companies can either leave these resources overseas or use them to purchase companies based in foreign nations.

Impact of US dollar

Another variable that could have easily affected M&A over the last decade or so is fluctuations in foreign exchange rates. While the U.S. dollar has made a strong recovery over the last year, it was trading lower against many other currencies for a large majority of the last 10 years.

Many foreign companies took advantage of the weaker dollar, using it to take advantage of cheaper deals on American companies. This development spurred some robust M&A activity for firms based overseas.

While the statements that Engler made before Washington lawmakers – and EY figures he cited – may combine to create what looks like a compelling case, the actual situation may be far more complicated.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Business Roundtable Urges Corporate Tax Reform

Author: James F. McDonough

The Business Roundtable recently urged a reform of federal corporate tax policy, and John Engler, president of the industry representative, presented this view to Washington lawmakers on March 11.

During a Senate hearing about balancing the federal budget, Engler, a former governor of Michigan, emphasized the importance of pro-growth policies.

Corporate Tax Policy

The former governor warned that if the federal government keeps generating deficits, such a situation will have an adverse impact on economic conditions. With this concern in mind, he pointed out flaws he perceives in the current corporate tax policy and offered some solutions.

Engler specifically stated that U.S. companies have a harder time expanding in the global economy because of the nation’s corporate tax system, and that this situation undermines the labor market, wages and investment in the world’s largest economy.

Foreign M&A

In addition, U.S. tax policy prompted a large number of foreign companies to purchase American businesses, according to a study released by the Business Roundtable March 10. This research, conducted by EY, evaluated more than 25,000 cross-border merger and acquisitions.

The accounting firm compared the differing outcomes of using the corporate income tax rates that existed between 2003 and 2013 and a rate of 25 percent, the average of The Organisation for Economic Co-operation and Development nations.

M&A trends

The research found that if the U.S. tax code had used the lower rate during this period, U.S. companies would have purchased $590 billion in cross-border assets as opposed to losing $179 billion worth of these assets.

The difference between the two figures is $769 billion, which represents the amount of assets American businesses have lost because of the tax policy used at the time. In addition, the report estimates that if the nation had used a 25 percent corporate income tax rate, doing so would have resulted in 1,300 companies remaining in the U.S. during the last 10 years.

Amid all these figures, Engler lamented the outflow of key resources he believes have stemmed from current income tax treatment of companies based in the world’s largest economy. As a result of these policies, the U.S. has become “a net exporter of headquarters, valuable assets and startup technologies,” he said in a statement released along with the results of the EY study. “We’ve got to reverse this trend.”

Engler’s proposal

To fix the situation, Engler suggested taking two key steps. For starters, he proposed lowering the corporate income tax rate at 25 percent, which he contended would be more competitive than the current policy.

Secondly, he suggested adopting a “territorial” system of taxation, which would stop penalizing the repatriation of foreign earnings to the U.S. once and for all. In addition, this proposed system would eliminate any taxation of the active foreign earnings of American companies over and above the foreign taxes paid.

By doing so, Engler contended the U.S. federal government would align its tax policy with that of its largest trading partners.

Experts weigh in

While Engel has claimed that existing corporate income tax policy is undermining U.S. business conditions, some experts contend the accounting firm’s analysis oversimplifies the situation, The Wall Street Journal reported. According to these pundits, the impact that such policies have on U.S. companies is uncertain.

A perfect example of how the tax code can encourage American companies to buy foreign firms is the current treatment of repatriated earnings, according to the news source. Under existing policy, firms need to pay income taxes on any earnings they produce overseas and then bring back home. As a result, companies can either leave these resources overseas or use them to purchase companies based in foreign nations.

Impact of US dollar

Another variable that could have easily affected M&A over the last decade or so is fluctuations in foreign exchange rates. While the U.S. dollar has made a strong recovery over the last year, it was trading lower against many other currencies for a large majority of the last 10 years.

Many foreign companies took advantage of the weaker dollar, using it to take advantage of cheaper deals on American companies. This development spurred some robust M&A activity for firms based overseas.

While the statements that Engler made before Washington lawmakers – and EY figures he cited – may combine to create what looks like a compelling case, the actual situation may be far more complicated.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: