Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

U.S. in Serious Need of Corporate Tax Reform

Author: Scarinci Hollenbeck, LLC

Date: June 3, 2015

Key Contacts

Back

U.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.

US falls behind

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.

Urgent need for change

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

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

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

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

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

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

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

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

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

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

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

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!