
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: May 21, 2015

Of Counsel
732-568-8360 jmcdonough@sh-law.comBrunori, research professor at George Washington University and deputy publisher of Tax Analysts, asserted that states should repeal this particular policy. “States should, at the very least, conduct an honest inquiry into why they have a corporate income tax in the first place”, he stressed. Advocates of such levies have offered many reasons as an explanation, including producing revenue for states, lowering inequality and helping remunerate individual states for the benefits they provide companies. However, Brunori emphasized the cost of imposing this policy – which involves planning, auditing and litigation.
Brunori made his arguments for eliminating the state corporate income tax at the same time lawmakers are considering reforming corporate income tax policy at the federal level. Earlier this year, President Barack Obama has proposed cutting the top rate for this levy on corporate income to 28 percent, imposing a minimum tax on all profits earned overseas and extending depreciation lives.
Obama is not alone in his desire to reform corporate income tax policy, as Rep. Dave Camp, R-Mich., proposed cutting the top rate to 25 percent and also eliminating the Alternative Minimum Tax for corporations and pass-through entities. In addition, Sens. Marco Rubio, R-Fla., and Mike Lee, R-Utah, suggested lowering the top rate to the same level of 25 percent and also permitting companies to take part in full expensing.
As the corporate income tax draws attention at both the federal and state levels, Brunori asserted that the policy does little to pad state coffers. Brunori pointed to a report from the Tax Foundation, titled “State Corporate Income Tax Rates and Brackets for 2015,” which stated that corporate income taxes account for only 5.2 percent of state tax collections and slightly more than 2 percent of all state tax revenue.
In 2014, the state corporate income tax raised about $46 billion out of roughly $870 billion worth of taxes, he noted. Since states have opted to avoid combined reporting and instead provided tax incentives and weaker apportionment formulas, the levy is ineffective at generating revenue. If states want the policy to effectively produce income, they should take the exact opposite approach. Thus far, states have been resistant to making any such change.
“While some support taxing corporate profits to provide states with greater revenue, others contend that such policies help fight inequality through redistribution”, Brunori noted. While this argument has succeeded in generating visibility, the tax expert emphasized that it is based on the assumption that shareholders bear the burden of corporate income taxes. However, not everyone buys into this premise, as some contend that consumers pay this cost and others state that workers do.
Because of all this disagreement, lawmakers who advocate taxing corporate income at the state level will need to provide sound justification for doing so, Brunori predicted.
Some argue that a Value Added Tax would provide greater revenue than a corporate income tax. The burden is imposed on consumption, thereby shifting taxation to those transactions that consume resources.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]
Author: Scarinci Hollenbeck, LLC
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!