Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 3, 2015
The Firm
201-896-4100 info@sh-law.comU.S. corporate income tax law puts the country at a disadvantage relative to many others, resulting in slower economic growth, lost tax revenue, capital flight and fewer jobs, economist Aparna Mathur wrote in a recent Forbes article. The nation has an urgent need for reform and it is important that policy makers not let the many different opinions on what the tax code should be hinder meaningful reform, said Mathur, a resident scholar at the American Enterprise Institute.
The U.S. has fallen behind other countries by failing to reform its tax code, acting only to reduce marginal tax rates on corporate income only a handful of times in the last two decades, she noted. Comparatively, the other nations have cut their marginal corporate tax rates significantly in an attempt to attract more robust investment. More importantly, many nations asset taxing jurisdiction on a territorial basis and avoid the complexity of the U.S. system of world-wide taxation, tax credits, controlled foreign corporation rules and Subpart F income.
The impact of this failure to keep up is that the world’s largest economy misses out on potential investment, said Mathur. She cited one study, “The effect of corporate taxes is on investment and entrepreneurship,” which used data for first- and fifth-year corporate income tax rates for 85 countries.
The research found a definite relationship between corporate investment and entrepreneurship and the effective tax rates of companies. Manufacturing in particular suffered a decline in investment when effective corporate income tax rates were higher.
Many policy makers have pointed to this situation, complaining that the U.S. is bleeding opportunity because its tax code is subpar. President Barack Obama and Rep. Dave Camp, R-Mich., have both proposed plans to reform the nation’s treatment of corporate income taxes. Sens. Marco Rubio, R-Fla., and Mike Lee, R-Utah, have also supplied their own joint proposal.
One trend that has helped generate significant support for efforts to reform the tax code is the existence of tax inversions. Amid concerns that the incidence of these inversions might arise, Obama directed the U.S. Department of the Treasury to create a new set of rules that would lessen the benefit of these legal maneuvers or halt them altogether, Mathur noted. Most of the growth in the coming years will be in the Asia-Pacific region and many inverting companies are attempting to restructure so earnings may be handled more tax efficiently than with repatriation.
However, while some might point their finger at the companies taking this step, many economists have emphasized that it is not the firms that are at fault, but an ineffective tax code, the author wrote. While all these challenges may seem troubling, they are helping fuel an urgent need for reform. As a result, there is widespread agreement that such change is needed; however, disagreement remains on the type of change to be undertaken.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
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!