Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ May Become First State to Ban Corporate Tax Inversions

Author: Scarinci Hollenbeck, LLC

Date: February 12, 2016

Key Contacts

Back

Will NJ become the first state to ban corporate tax inversions?

Ban Corporate Tax Inversions

Some lawmakers in the New Jersey state legislature recently announced plans to remove incentives and cut contracts with U.S. companies that move offshore for tax purposes. According to a NorthJersey.com report, the proposed law changes are the direct result of Pfizer Inc.’s merger with Allergan PLC in Ireland in an attempt to lower its corporate tax rate.

The objective of the proposed legislation

The federal government recently announced changes to offshore disclosure and tax inversion laws to limit the corporate tax incentives. However, the NorthJersey.com report showed that New Jersey would be the first state in the country to remove these contracts and incentives for U.S. companies headquartered in their states. According to a NorthJersey.com interview with Sen. Shirley Turner, a Lawrenceville Democrat, this legislation would be an opposition to Gov. Chris Christie’s push to the federal government to lower corporate taxes.

“I want to send a strong message to Pfizer as well as any other corporate deserters looking to do the same thing,” Turner explained. “They are parasites living off of our taxpayers, and it’s not like they’re going bankrupt by any means.”

The background of the merger

The Allergan PLC and Pfizer Inc. merger is significant because the $160 billion partnership would create the largest corporate tax inversion in the world. As both companies have operating headquarters in New Jersey and Ireland, the merger makes sense from an operations standpoint, but it also represents a recent trend. Many U.S. companies have effectively completed tax inversions in Ireland in the last few years because of its 12.5 percent corporate tax rate. Currently, the corporate tax rate in the U.S. is 35 percent. While many U.S. companies pay far less than the nominal rate, it still makes Ireland a desirable destination for larger domestic companies.

Criticism

One of the most significant arguments against this newly proposed legislation at the state level is that the federal government has not made corporate tax inversions less profitable. Therefore, if the federal government fails to address the problems that contribute to higher numbers of offshore tax evasion for larger companies, states like New Jersey do not have the resources to keep those tax dollars. In a statement cited by NorthJersey.com, Joan Campion, a Pfizer spokesperson, agreed with Christie’s criticism of the proposed legislation because it only stimulates more corporate tax inversions.

“This legislation discourages investment in New Jersey,” Campion argued. “A reformed tax code that includes a territorial system would stimulate investment in the United States and allow American businesses to compete on a level playing field.”

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.

NJ May Become First State to Ban Corporate Tax Inversions

Author: Scarinci Hollenbeck, LLC

Will NJ become the first state to ban corporate tax inversions?

Ban Corporate Tax Inversions

Some lawmakers in the New Jersey state legislature recently announced plans to remove incentives and cut contracts with U.S. companies that move offshore for tax purposes. According to a NorthJersey.com report, the proposed law changes are the direct result of Pfizer Inc.’s merger with Allergan PLC in Ireland in an attempt to lower its corporate tax rate.

The objective of the proposed legislation

The federal government recently announced changes to offshore disclosure and tax inversion laws to limit the corporate tax incentives. However, the NorthJersey.com report showed that New Jersey would be the first state in the country to remove these contracts and incentives for U.S. companies headquartered in their states. According to a NorthJersey.com interview with Sen. Shirley Turner, a Lawrenceville Democrat, this legislation would be an opposition to Gov. Chris Christie’s push to the federal government to lower corporate taxes.

“I want to send a strong message to Pfizer as well as any other corporate deserters looking to do the same thing,” Turner explained. “They are parasites living off of our taxpayers, and it’s not like they’re going bankrupt by any means.”

The background of the merger

The Allergan PLC and Pfizer Inc. merger is significant because the $160 billion partnership would create the largest corporate tax inversion in the world. As both companies have operating headquarters in New Jersey and Ireland, the merger makes sense from an operations standpoint, but it also represents a recent trend. Many U.S. companies have effectively completed tax inversions in Ireland in the last few years because of its 12.5 percent corporate tax rate. Currently, the corporate tax rate in the U.S. is 35 percent. While many U.S. companies pay far less than the nominal rate, it still makes Ireland a desirable destination for larger domestic companies.

Criticism

One of the most significant arguments against this newly proposed legislation at the state level is that the federal government has not made corporate tax inversions less profitable. Therefore, if the federal government fails to address the problems that contribute to higher numbers of offshore tax evasion for larger companies, states like New Jersey do not have the resources to keep those tax dollars. In a statement cited by NorthJersey.com, Joan Campion, a Pfizer spokesperson, agreed with Christie’s criticism of the proposed legislation because it only stimulates more corporate tax inversions.

“This legislation discourages investment in New Jersey,” Campion argued. “A reformed tax code that includes a territorial system would stimulate investment in the United States and allow American businesses to compete on a level playing field.”

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: