In a September 25 letter, 24 international tax experts have urged the US Congress to reject legislative proposals calling for the adoption of a territorial tax system and for the immediate taxation US multinational profits held overseas at a reduced rate.
The group, comprised mostly of US tax law professors, argued that a territorial tax system would harm the US because it provides even greater incentives for companies to shift profits and jobs to low-tax countries. Such a system would reduce tax revenue and put job-creating domestic companies at a competitive disadvantage, the group wrote.
The authors maintain that there is no factual basis for the argument that US multinationals can not compete globally because of the US tax system. They also state that adopting a territorial tax system would do nothing to prevent corporate inversions, as some have claimed.
“We believe a true worldwide tax system – without deferral – is superior to a territorial tax system and the current tax system as it would eliminate incentives to shift production and jobs, as well as profits, offshore,” the authors wrote.
That said, if Congress does move forward with a territorial system, it must also adopt strong strong antiabuse rules, they wrote. Any minimum corporate tax adopted for offshore profits must operate on a country-by-country basis, and should be applied at a tax rate comparable to the effective rates borne by US domestic companies and by enterprises located abroad, they said.
Proposals for a US territorial tax system have recently been advanced by Senator Rob Portman (R-Ohio) and Senator Chuck Schumer (D-NY); by Senator Marco Rubio (R-Fla.) and Senator Mike Lee (R-Utah); and by the Obama administration.
Republican presidential candidate Jeb Bush has incorporated the idea into his tax plan, while candidate Donald Trump’s plan, released September 28, calls for an “end to deferral,” which appears to be in sync with the recommendations of the 24 tax experts.
The letter was signed by Edward D. Kleinbard, University of Southern California Gould School of Law; Kimberly A. Clausing, Reed College; Hugh J. Ault, Boston College Law School; Yariv Brauner, University of Florida Levin College of Law; J. Clifton Fleming, Jr., Brigham Young University Law School; David Hasen, Colorado Law at University of Colorado Boulder; James S. Henry, Columbia University Center for Sustainable Investment; Reuven Avi-Yonah, University of Michigan; Calvin Johnson, University of Texas at Austin Law School; Jeffery M. Kadet, University of Washington School of Law; Martin Lobel, Tax Analysts; Lawrence Lokken, University of Florida Levin College of Law; Omri Marian, University of California Irvine School of Law; Martin J. McMahon, University of Florida Levin College of Law; Lawrence Mishel, Economic Policy Institute; Robert J. Peroni, The University of Texas School of Law; Robert B. Reich, University of California at Berkeley; Leslie A. Robinson, Tuck School of Business at Dartmouth; Emmanuel Saez. Chancello, University of California at Berkeley; Daniel N. Shaviro, New York University Law School; Stephen E. Shay, Harvard Law School; Samuel C. Thompson, Jr., Penn State Law; Eric M. Zolt, UCLA Law School; and Gabriel Zucman, University of California at Berkeley.
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