Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Investors Should Monitor Tax Reform Developments

Author: Scarinci Hollenbeck, LLC

Date: February 23, 2015

Key Contacts

Back

Investors can benefit significantly from staying up to date on corporate tax reform developments, as existing policy may have a substantial impact on the stocks of different companies, financial expert Scott Cooley wrote in a recent Morningstar article.

This point could be particularly helpful, as discussions involving corporate income tax reform have generated visibility in Congress.

Reform and investing

Cooley, who is the director of policy research for Morningstar, emphasized that if the federal government ends up approving any proposed changes to the corporate tax structure, this development could easily have a major effect on the financial state of companies.

While lawmakers may encounter challenges reaching a consensus on many different issues, the push for corporate tax reform has generated bipartisan support, he noted. Should lawmakers succeed in their efforts to change policy, the broader asset markets will respond far in advance of the approved legislation being enacted.

Obama tax proposal

With this in mind, market participants might benefit from perusing any progress that is made on Pres. Barack Obama’s proposal to tax foreign earnings. In his State of the Union Address, Obama suggested providing a one-time, 14 percent levy on these profits held overseas.

Under current tax law, these companies only need to pay a tax if they opt to bring these financial resources back to the U.S. Given this setup, many firms simply keep their earnings in foreign countries instead of repatriating them back to the world’s largest economy, where they could face a tax rate of up to 35 percent.

As part of this broader plan, Obama would reduce the top corporate tax rate for profits generated in the U.S. to 28 percent.

Complicated policy

While the current tax rate may seem high, Cooley points out that the effective tax rate is significantly lower. Since U.S. companies face such high corporate income taxes – which can reach 40 percent of income after state taxes are included – these firms have responded by lobbying for different tax breaks that reduce their effective rates.

Many of these efforts have succeeded, and as a result, the framework of tax breaks and subsidies has grown very complex, he emphasized. In addition, the situation has left the U.S. with one of the biggest differences between actual corporate taxes brought in and the stated rate. Because of this lopsided situation, companies have even greater motivation to hire lobbyists to advocate for special tax breaks.

Given the intricate nature of this situation, many have advocated creating a simpler tax code. For example, lawmakers could make the current foreign earnings more straightforward by using a “territorial” system, which involves individual nations only taxing companies for the income generated within their borders, according to FoxNews.com.

Simpler approaches

Currently, this approach has garnered the support of both republican lawmakers and most companies, the media outlet reported. However, Cooley emphasizes that implementing more simplistic tax policies can be challenging.

For example, changing the complex system of U.S. corporate tax breaks could have major implications for these firms, he noted. While Wal-Mart generates most of its revenue domestically and harnesses a small number of actions that generate tax advantages, Johnson & Johnson creates a strong portion of its revenue in overseas countries.

While investors might currently look at the cash flow and price-to-earnings ratios of these companies when determining what to buy, they should keep in mind that these hard numbers may depend on a system of complex tax policies that could soon change.

Even though it is impossible to predict what direction tax reform will take, Cooley wagers that lawmakers will put some effort into changing existing policies in the next few years.

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
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

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.

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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