Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 19, 2014
The Firm
201-896-4100 info@sh-law.comWith the real possibility of corporate tax reform being thrown about Washington, an old debate has been reopened regarding on whom the corporate income tax really falls.
Those in favor of abolishing the corporate income tax – a stance that has become increasingly popular with some groups – argue that the corporate income tax necessarily falls on people. This is, of course, completely true. Other than money that sits in corporate accounts, which does no one any good, all of the money that passes through a business eventually makes its way to people. Except for the money taken out by taxes, that is.
It is easy to find writers, talk show hosts and politicians who are ready to argue that you, the consumer, are paying a large share of corporate income tax in the form of higher prices on goods. Tim Worstall, regular contributor to Forbes, says it frequently and with significant zeal.
As Bruce Bartlett, who held senior policy roles in the Reagan and George H.W. Bush administrations, pointed out in a piece for The New York Times, however, virtually all economists roundly reject this idea. The price of goods is set by market forces, not by corporate income taxes. While prices would likely be affected if corporations were the only suppliers of goods and services, they emphatically are not. There are also sole proprietorships, S-corporations, foreign corporations, nonprofits and partnerships. If a corporation were to attempt to compensate for higher corporate taxes by raising its prices, it would be undercut by businesses to which the tax does not apply.
Left are shareholders and employees. Bartlett cites an article by economist Arnold Harberger, who demonstrated that, at the time, the corporate tax was probably borne entirely by shareholders. There have been arguments that, over time, some of this burden is shifted to employees because the supply of capital shrinks in order to raise the rate of return.
Bartlett examined several analyses included in the March 2013 issue of The National Tax Journal that attempt to determine on whom the tax falls, but found little consensus. Two out of four articles supported the notion that shareholders bear the entire tax. A third suggested that labor bears a full 60 percent of the corporate tax burden, while a fourth found that 82 percent is born by shareholders, leaving workers with 18 percent of the burden.
Understanding where the burden of the corporate income tax falls is essential if we are to make an informed decision regarding tax reform. What appears clear is that the oft-repeated notion that consumers bear this burden is patently false.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!