Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 18, 2015
The Firm
201-896-4100 info@sh-law.comThe US corporate income tax policy is less stringent than its opponents contend, according to a recent New York Times opinion piece written by economic expert Josh Barro.
Some have claimed that the US Corporate Income Tax Policy levies a tax on all the profits that an America-based company earns throughout the world.
These policies have been at the center of much debate, as many lawmakers have floated their corporate income tax proposals over the last several months. President Barack Obama – and also republican lawmakers – have both suggested more territorial policies, meaning that corporations only pay taxes on their profits in the jurisdictions where those earnings are generated.
Currently, the U.S. uses a system whereby companies incorporated in the United States can generate profits from an active business overseas, paying taxes on these earnings before transferring or repatriating them back to the U.S. and paying taxes once again. While many object to these corporate tax systems, the author notes that they always incorporate some essence of territoriality. Income from passive sources known as Subpart F income, is subject to immediate inclusion in income. Foreign corporations are subject to taxation on the income earned in the United States.
Barro emphasized that when companies based in the U.S. pay taxes for active income generated overseas, they receive credits, and they do not have to pay any domestic earnings on products until they bring them back to the U.S. It is also worth noting that many companies based in the world’s largest economy benefit from foreign tax credits. In some instances, America-based companies can generate robust profits and pay little or no taxes in their home country if they properly manage their foreign income and tax credit position.
Other nations use differing policies, for example, levy a minimum tax on a company’s worldwide profits, tax passive foreign income without exception and limit the freedom companies have to allocate their profits across different countries by rigid transfer pricing, the author emphasized.
Because of all these considerations, the corporate income tax policy used by the U.S. and other large economies – namely its major trading partners – might not be as different as some would think
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

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: Sean M. Pena
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!