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Jared Bernstein

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Corporate Tax Reform: Be Careful What You Wish For

Posted: 02/22/2012 9:05 am

Pretty much every discussion of tax reform these days ends with an agreement that we need to broaden the base and lower the rates. Well, the White House today will release the broad outlines of a plan to do just that on the corporate side of the federal tax code.

According to advance info from this morning's NYT, the proposal will be to cut the current top corporate rate of 35 percent down to 28 percent, and to close a bunch of loopholes to make up the difference. Some other features include:

  • a lower rate -- 25 percent -- for manufacturers;
  • a minimum tax rate on foreign earnings to discourage tax sheltering by multinationals;
  • added incentives for R&D (probably making that tax credit permanent, something the administration has long supported) and clean energy investments;
  • a bunch of other loophole closures...

And therein lies the rub. It is widely recognized that many corporations already pay far less than the statutory rate -- from the WaPo story on the proposal:

Today, the U.S. corporate tax rate of 35 percent is one of the highest in the world, but an abundance of loopholes and deductions means that many companies pay far less than that -- or nothing at all. Companies in the United States pay almost half the taxes than companies do in other rich countries, compared to the size of the economy, according to the Organization for Economic Cooperation and Development.

Last I checked, we were collecting around 1.3 percent of GDP in revenue from the corporate sector. That's low both in our own historical terms (the average has been about 2 percent over the past few decades) and especially in international terms, despite the fact that we have a higher statutory rate. And it's not just the recession depressing corp revenues, though that's part of it, because corporate profitability is once again soaring.

This tells you two things. First, a lot of companies take advantage of the breaks in the code and second, getting to a revenue-neutral 28 percent will mean taking away a lot of those goodies.

Some of the biggies are accelerated depreciation, interest deductibility, the ability to pass corporate capital gains over to the individual side of the code (where it gets favorable treatment), and a bunch of international loopholes, like deferral -- the ability to avoid U.S. taxation by holding multinational profits overseas.

I don't think today's release will go into much detail on specifics, but the implication is clear: if those who have been clamoring for a lower corporate rate are serious, they need to step up and support these loophole closures.

In that sense, the White House's proposal creates an interesting political challenge. For years now, American corporations and their reps here in D.C. have been calling for a lower rate while at the same time availing themselves of billions in tax breaks that have kept them from paying the statutory rate. In my debates with supply-siders, they're all about the rate... they're happy to trade more base for points off of the rate. In the next chapter of this debate, we'll get to see how much they meant it.

Everyone loves the first part of the mantra: lower the rates. Now let's see how the feel about the second part: broaden the base.

This post originally appeared at Jared Bernstein's On The Economy blog.

 
 
 
 
 
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11:16 PM on 03/21/2012
There are entire industries dependent on many loop holes I.E. the commercial energy efficient tax deduction Section 179D as well as other accelerated depreciation incentives have created entire industries and have put hundreds of thousands to work. My views are skewed because I run a engineering firm that specializes in 179D Studies and just like our firm there are thousands of firms that specialize in the professional service of performing services that provide "loopholes" to major corporations. The government need to be very careful what actions are taken.

http://www.walkerreid.com/179d-tax-deduction/about-179d-tax-deduction
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01:22 PM on 02/23/2012
Businesses always pass any increases they have on to the consumer. To me businesses then bite the hand that feeds them. Because when prices go up; I in turn spend less money. For example food prices have really gone up at the grocery store....so I buy less junk foods (such as chips, and ice cream...that we really don't need anyway)
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Terri Skau
Se... sotto una splendida luna piena...
09:48 AM on 02/23/2012
Mellon: The Banker Who Rigged the U.S. Tax Code

The " Tax Code" has been " Tax Fraud" for the last 90 Years!
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Aneesia
08:27 AM on 02/23/2012
Stop the big corporations by not buying their products where possible and putting $$$ into secure local banks( http://www.bauerfinancial.com/home.html ) for the local economy. The problem with this nation is Washington DC and their owners, the corporations and the wealthy. A local currency would be a great idea as well..it was used in towns during the depression and cities like Brisol, England are starting to use it another way today.
08:19 AM on 02/23/2012
They are for lowering the rates because they have faith in their ability to preserve THEIR loopholes through the power of lobbying... Some loopholes may be sacrificed as a Trojan horse but the loopholes that benefit the corporations the most will remain.
07:43 AM on 02/23/2012
Close the loop-holes??

Maybe just like the rest of the citizens of this adequate country. I pay about 13% of my wage to federal income tax. Is that what, for instance, Monsanto pays? That is at 25k/yr

Other than the unemployed, who are the ones not paying taxes? The dog musta eaten that paper.

I mean really I am one of the 53% ??

Ta Dah. No home, no savings, one car, and a job I have arrived in the future ! ! !
08:27 AM on 02/23/2012
You are paid way too much and pay too little tax as demonstrated by your vast accumulated wealth of "one car." We need to shift more of the tax burden from the corporations to people like you so the corporations will have more money to pay you less of.
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LouGots
01:51 AM on 02/26/2012
Whatever are you talking about? The income tax for an individual making $25K is $1911.00 (which is not really "income tax," for that figure includes Social Security, but since it is being collected by the I.R.S., let's pretend that it is tax and not insurance.). 13% of $25,000.00 is $3250.00
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Zephersand
Just a speck of dust in the scheme of things
06:42 AM on 02/23/2012
Pie in the sky!

This will never get passed because these corporations know they can find ways to keep the money using loopholes so if the taxes were lowered and the loopholes taken away they would feel they did not have control of the money therefore they could not find ways to keep more.

They will fight it with everything they have.
06:03 AM on 02/23/2012
As Dr. Reich has pointed out in a parallel post, what is likely to happen is that Congress will lower the rates but retain the loopholes. That is the reality, because this is an election year, and essentially everybody in Congress is a recipient of lots of corporate campaign contributions.
Were the President sincere, he would defer the measure until after the election, or would have done it a year ago. Additionally, he'd have proposed doing it in two steps: first close the loopholes, then lower the rates. But he is not sincere; this is a pure political move. The game is: how far to the right can you go?
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
01:41 AM on 02/23/2012
The US integrated tax rate for owners of businesses is among the highest in the world and Obama’s plan for tax does nothing but rearrange the chairs on the deck of the Titanic. For us to get competitive we need real structural tax reform which requires a low simple flat tax and no exclusions….it is the easiest way to promote real economic growth (not the short-term artificial and unsustainable Keynesian borrow-and-spend kind of growth but real decade-long sustainable growth that only comes from having a pro-business tax and regulatory regime) is by cutting that taxes that reduces the marginal cost of doing business in the United States, creating jobs and taxes along the way.
03:28 AM on 02/23/2012
It really depends on how you define "owner." In the case of Subchapter C corporations, the "owners" are the shareholders, with the major shareholders being more-or-less the true "owners." Their share of the income is earnings distributions which are currently taxed at 15%. Besides, there is no proven correlation between taxes on earnings distributions and investment. So that isn't the problem.

Then there's sole proprietorships and Subchapter S corporations, both of which lead to the "owners" being taxed at the "integrated" rate that you mentioned which is actually the progressive rate for income taxes. Small businesses and Subchapter S corporations aren't the ones outsourcing all of the jobs out of the country. Further, personal income tax rates aren't hurting competitiveness in the global market.

Not to mention, taxation considerations aren't a major factor in a business's decision to move jobs elsewhere. It's not like Steve Jobs moved jobs to China because of the tax rate there. He admitted himself that he wanted to take advantage of the "versatility" that the Chinese labor market offers. Of course, we now know that "versatility" is code for slavery.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
05:37 AM on 02/23/2012
Not true at all….the integrated tax rate is really simply corporate tax rate plus dividend or capital gains taxes….the 50.8% is due to the double-taxation nature of our system that taxes owners twice one the corporate profit they make. Once when it hits their corporate account and when it is transferred from their to their personal account….this applies to all publically listed companies. There is a good breakdown on page 4.
http://www.theasi.org/assets/EY_ASI_Dividend_and_Capital_Gains_International_Comparison_Report_2012-02-03.pdf

You also mention, ‘Besides, there is no proven correlation between taxes on earnings distributions and investment. So that isn't the problem.’

There is definitely a correlation between taxes and economic growth and capital formation and distributions…that is why you have to look at integrated taxation because that is the way deployers of capital look at it….what do I get in my account at the end of the day.

Unless you are saying that taxes do not impact profitability and distributions….please do not tell me that is the meaning of your nonsense?

Kai
06:05 AM on 02/23/2012
Ah, the flat tax. So that I, with my one person struggling small business get to pay the same tax rate as Goldman Sachs and Exxon-Mobil. It is about as socially just as having Warren Buffet's house cleaner pay the same rate as he does. But I suppose there are very few people in the USA who understand the concept of Social Justice.
08:38 AM on 02/23/2012
"Flat tax" should be spelled the same as "I got mine."
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
10:23 PM on 02/23/2012
24b4jeff:

You mean there are three people with three businesses/incomes:

Big Bad Exxon: $100,000,000
You: $100,000
Me: $10,000

Posit Arguendo: I work for you, and you supply Exxon. And we are the universe of potential taxpayers and users of the common physical and non-physical infrastructure upon which we conduct business, remaining total GDP is 100,110,000 (100MM +100K+10K). The flat tax is 15%

At the end of the year, my tax is 1,500 (or 15% of 10,000), yours is 15,000 and Big bad Exxon is 15,000,000. Total tax receipts 15,016,500 or 15% of 100,110,000. Exxon made 99.8% of the GDP and paid 99.8% of the tax bill, you made 0.1% of the GDP and paid 0.1% of the tax bill.

We have all paid a fair amount for the relationship to our benefit from the underlying infrastructure. Exxon made more and paid more, you made more than I did and paid more. I made the least but was charged the least. Seems socially just to me, not only that it is equal and satisfies the equality under the law principle of the Constitution. There is no protected individual or institution in this case we all pay per our share of the GDP or National Income.

What you want is inequality, the opposite of social justice, you want one group of Americans to pay more and another to pay less. You want favorites….that is socially unjust.

Kai
11:27 PM on 02/22/2012
i wouldnt call interest expense a loophole, its a legit business expense, plus if i start a business in say,australia and pay the taxes owed in australia , then on a moral level i dont see how the u.s has any claim on that money until i bring those profits to back to america where i would pay the taxes owed. apart from that i'm all for getting rid of the real loopholes , like some that are available only to the oil cos and lowering the rates
12:42 AM on 02/23/2012
I have to agree with you on interest expense. I've never considered it a "loophole" either. If a business has to take out loans to purchase assets, make payroll, etc., then the interest paid on those loans is a legitimate cost of doing business so long as the transaction is arm's length.

The only rationale I can come up with is that it's a deduction that benefits small businesses moreso than the big corps who have their lobbyist machine. A larger corporation might be more likely to rely on public offerings to finance expansion, thus circuumventing the need for capital loans. Whereas, said loans are all that small businesses have other than retained earnings which are slim to none for mom and pop places anyway.
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LouGots
03:11 AM on 02/23/2012
A rather weak rationale, don't you think?

That argument would hold that since publicly traded corporations can raise capital by selling stock, their borrowing is optional and therefore not--not what, not morally deserving of being treated as a cost of production?

Better talk to a priest or rabbi about what is moral. Right now we are talking about what is legal and constitutional. What a business pays out in interest for a business loan is still a cost of production and not income,.
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LouGots
03:01 AM on 02/23/2012
Welcome to Lefty-world. To the Comrades, all wealth belongs to the state, and they only let us use it, so anything which diminishes their expropriation is a "loophole."

You and I and everyone else who understands taxation, and has a regard for the 16th Amendment, know that income is not the same as gross receipts. Income from a business is what accrues to the owner after the costs of production are subtracted from gross receipts. If we have borrowed money to set up or operate our business, then interest expense is a cost of production.

It is an embarrassment to recite these things. It is as though one were trying to explain something to an idiot child, but after all, it is leftists we are countering..
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wayne the pain
11:00 PM on 02/22/2012
Bush lite Obama strikes again. Obama has a lot more in common with Bush than he does with Bernie Sanders. Under that brown skin is a white Kansas Republican like the grandparents that raised Mr. Obama. He proves it over and over but Santorum and Romney scare the liberals to death. Democrats refuse to believe that Obama is a weak right wing Blue Dog Democrat and maintain a self delusion that he is liberal. Only a conservative would believe that corporations making billions should pay a lower tax rate than two retired school teachers!
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LouGots
03:18 AM on 02/23/2012
What's that, Tovarische? Too soon old and too late smart? You mean you got snookered by a con man who assumed a racial identity like changing his socks? Surprise, surprise, surprise. We tried to warn you.
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harveyr2
Be skeptical of politicians or be their pawn
09:41 PM on 02/22/2012
There is only ONE reason for a corporate tax ... to ensure campaign contributions.

Corporate taxes are stealth taxes on their customers and represent ONLY ELEVEN PERCENT of federal revenues.

The remainder of federal revenue comes directly from citizens: income tax, medicare/medicaid tax, social security tax.
09:27 PM on 02/22/2012
Taking away "The ability to pass corporate capital gains over to the individual side of the code" pretty much says who is going to pay for all of this revenge on the big evil corporations. You guessed it-that's you, your stocks, your 401k, and your retirement. If that's what you want then fine, but revenge tends to be bittersweet my liberal friends.
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Iccarus
The sky is my oyster
11:33 PM on 02/22/2012
No I think you misunderstand, this will not apply to individual accounts. Just corporate accounts. Sorry to disappoint you. I may be wrong. Either way, for the average person it won't amount to much.
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GregHooper
There is a God and science proves it
11:42 PM on 02/22/2012
Yeah you right Nobody should have to pay for anything

I love how you hypocrites can spin it all back to the other guy

~ We Have The Highest Tax Rate In The World ~ except for the ones who pay NOTHING

We're doomed if we don't get what we want because we're childish little brats and will blow it all up

Tax and spend ~ Democrats ~ builds infrastructure a healthy workforce and a strong nation

Borrow and waste ~ Republicans ~ to buy pretty fireworks and go around blowing things up like the economy and other peoples countries

1 F-22 stealth fighter costs $500M each plus 25yrs fuel and maintenance We have 180 of them They're defective and have never flown a combat mission Thats 180 Solyndras who had a product that was superior in design and energy production but we killed it because it wouldn't turn a profit in the two years we invested in it

Maybe the Chinese can make it work They're using our machines and old design for silicon based panels because they subsidise their companies in order to kill ours Then we export the factory

Canada and Germany have strong unions small business support Make their own products and have net export while your answer is to

Burn the country in order to save it

Doubling down on stupidity is the Right-Wing order of the day and you guys do follow your orders Thinking for yourself just gets in the way
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Mac Howard
Thank god we got convicts, you got the puritans
08:51 PM on 02/22/2012
I get fed up of the repeated demand for "tax reform". "Tax reform" never ever meant anything other than "reduce my taxes" unless it is "transfer my tax responsibilities to the poor".
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eilish
Life ain't like a box of chocolates
09:16 PM on 02/22/2012
I don't see why, on my low income, I pay 15% as opposed to Mitt Romney's 13% - because I have no recourse, no credits, no loopholes. He can afford it, I struggle to make it and if I have an emergency one month...

Mitt hasn't ever bought anything, he has people for that. He has no idea what food & utilities cost, or gas, or groceries- and why should he care? No, he's not the only politician, just the only one whose tax rate I read.
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Iccarus
The sky is my oyster
11:38 PM on 02/22/2012
Great comment AND micro. But remember Mitts not a politician anymore, he's unemployed. HA! #592
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zanytothemaxx
08:46 PM on 02/22/2012
The tax rate should be lower, 20%, and all tax breaks and loopholes should be eliminated and companies that manufacture overseas should not get a deduction for manufacturing costs. Theis should bring bacl alot of jobs to the U.S.