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Robert L. Borosage

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The President's Corporate Tax Reform Message: Say What?

Posted: 02/23/2012 8:26 am

The Obama administration released a "framework" for corporate tax reform yesterday, proposing to lower corporate tax rates, and pay for that by closing various corporate tax loopholes.

The "framework" isn't really a corporate tax reform proposal. It is a message document, framed in a bitterly partisan election year when no reforms are about to take place. So what is the message?

The president wants to show that he's sensitive to business complaints about the complicated tax code with the highest nominal rates in the industrial world, outraged at the loopholes and scams built into the code, committed to providing incentives for businesses to create jobs here at home, and stout in opposing more corporate tax cuts unlike his Republican opponents.

But a brief look at the framework shows how truly limited and conservative our debate has become. The corporation lobby has won the fight before it has begun by defining the terms of the debate.

1. Fair Share for Corporations? Not

The prime message is that the framework is designed to be "revenue neutral," budget-speak meaning the corporations will not be asked to pay more to help address America's large investment and budget deficits. At a time when the most vulnerable in society -- seniors on Medicare and Social Security, the poor in need of home heating aid, the disabled on Medicaid -- are being called on for "shared sacrifice," the corporations get a pass.

Why? American corporations are sitting on literally trillions in profits.

Corporations provided only about 7.9% of government receipts in FY2011, down from 11% in the prosperous 1990s. Corporate tax avoidance is notorious, with dozens of the Fortune 500 managing to pay no taxes at all in different years. The effective tax rate US corporations pay is lower than the average of the industrial nations.

Moreover, corporations are among the largest beneficiaries of government spending. They use the roads, sewers, communications and other basic infrastructure provided by government. They profit from the public education and training that provide them with workers willing and able to learn. They gain immense benefits from federally funded research and development. They rely on government to provide and enforce the legal framework for doing business. They depend on the U.S. military to protect trade lanes and overseas investments. And this doesn't even begin to count the entire industries that are largely creatures of government procurement and subsidies -- from defense contractors to drug companies to hospital complexes to nuclear power plants and more.

And the largest, and arguably most destructive deficit Americans now face is the investment deficit in areas vital to our future -- and vital to corporate competitiveness. Our infrastructure is so decrepit that it is not only a competitive burden; it is dangerous to our health. Our education system fails to give poor kids a fair start in life. College grows unaffordable for more and more working families.

Any sensible progressive corporate tax reform should shut down loopholes and tax dodges AND provide greater revenue to the federal government to help pay for the investments we need and address the deficits we face. Taxing some of the trillions that corporations are sitting on and putting the money to work modernizing our infrastructure will generate more jobs, more growth and more competitive advantage than allowing the companies to sit on the money.

This is an argument that we should have. The president has decided to pass.

2. The Illusion of the Simplified Tax Code

The Obama "framework" is premised on an illusion that has universal favor in Washington. Our tax code is riddled with loopholes and exemptions. Therefore, we should lower rates, eliminate the loopholes and have a more efficient, fairer, simpler tax code. Sounds great, but this is largely a scam.

Any such reform gets rid of some corporate loopholes but not the corporate lobbies. The rates come down, and after a few years of campaign contributions, intense lobbying, and independent expenditures, the loopholes come back.

This game was run before in the mid-eighties with the oft-lauded bipartisan Reagan tax reforms, championed by the sainted Senator Bill Bradley. Tax rates were lowered, particularly on the top end, and loopholes were closed. Now the tax code is once more riddled with loopholes, but the rates haven't gone back up. Billionaires are paying lower tax rates than their chauffeurs. So a new movement is building for -- you guessed it -- lowering the tax rates in exchange for closing loopholes.

Reminds me of Lucy repeatedly holding the football for Charlie Brown to kick and pulling it away at the last moment. We laughed as he literally fell for it every time. On "tax reform," we are equal suckers, but it's no laughing matter.

And, as illustrated by the Obama "framework," loopholes are always with us. Most tax breaks or exemptions reflect someone's policy preferences or some corporate lobby's profit motives. Obama, for example, would make tax advantages for research and development, clean energy and domestic manufacturing permanent. He'd reduce the tax breaks and subsidies offered to the oil companies -- now racking up the most profits in the history of the world. These are priorities that most progressives would support. But they don't lead to a simple tax code -- and they only open the bidding. Any actual tax reform that gained bipartisan support would be riddled with a lot more exemptions than these.

3. A Minimum Tax on Multinationals -- sort of

The president's framework sensibly calls for a minimum tax on corporate profits generated or reported abroad by multinationals. Under current law, the profits are taxed only when they are returned -- "repatriated" -- to the U.S. This encourages multinationals to cook their books to report profits in tax havens, and store those profits abroad, encouraging the movement of jobs and plants overseas.

It also creates what is becoming a Democratic lobbyists' cash cow -- the periodic push for a "tax holiday" to allow companies to repatriate their overseas profits at a scandalously concessionary rate -- 6% is a favored number. Proponents claim this will help boost domestic investment, jobs and government revenue. In fact, the last time this was tried, it failed to produce anything except a tax dodge.

The president's call for a minimum tax would effectively block that caper. It would help cut down on the use of tax havens, and the rigging of pricing and corporate books to report profits abroad.

Of course, it depends on what the minimum tax rate is. If it is 6%, then the corporations will have won permanent relief (although the lobbyists will need another profit center).

So what is the president's rate? Ah, we don't know. It is unstated and undefined. Perhaps unmentionable. In the words of the proposal:

[F]oreign income deferred in a low- tax jurisdiction would be subject to immediate U.S. taxation up to the minimum tax rate with a foreign tax credit allowed for income taxes on that income paid to the host country. This minimum tax would be designed to balance the need to stop rewarding tax havens and to prevent a race to the bottom with the goal of keeping U.S. companies on a level playing field with competitors when engaged in activities which, by necessity, must occur in a foreign country.
Lobbyists, start your engines.

4. Say What?

This message piece does send us a clear message. We have a debate between the right -- Republicans like Mitt Romney who would cut corporate taxes and ask them to pay less -- and a business-friendly, centrist president who won't call on corporations to pay more. "Fair share?" -- not so much.

 

Follow Robert L. Borosage on Twitter: www.twitter.com/borosage

The Obama administration released a "framework" for corporate tax reform yesterday, proposing to lower corporate tax rates, and pay for that by closing various corporate tax loopholes. The "framewo...
The Obama administration released a "framework" for corporate tax reform yesterday, proposing to lower corporate tax rates, and pay for that by closing various corporate tax loopholes. The "framewo...
 
 
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05:26 PM on 02/24/2012
I love the tro down there who counters my facts about corporate taxes in history with a bunch of meaningless rhetorical assertions without a single fact to back them up. And not only that--the tro DELIBERATELY misreads my facts. They are corporate taxes as a share of REVENUE. They are the actual percentage corporations PAID IN, after they subtracted all their loopholes. So the tro is totally wrong as usual.
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HUFFPOST PUNDIT
Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:10 PM on 02/24/2012
Since we are a consumer driven economy a consumption tax is the only really sensible way to go. Something like the "Fair Tax" maybe. You and I would pay taxes on the money we spent, not on the money we earned and saved or invested. Corporations might be taxed on excessive executive compensation, bonuses, stock option, "golden parachutes", retirement plans, etc. but not on the income they invested or held ready to invest in operations. Preferences could be built in to favor domestic over foreign investment, although a policy of national autarky is not really a good idea.
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PoloniumMan
"It worked." J. Robert Oppenheimer
10:08 PM on 02/24/2012
We should adopt the FairTax then as responsible citizens, form a taxpayers' union whos function would be to monitor and report which politicians were attempting to exempt certain products in exchange for campaign contributions or other political favors.
10:19 AM on 02/24/2012
Today a multinational choosing whether to invest a dollar on American operations or foreign operations will see that it can get 137% more after tax profit by investing abroad FOR THE EXACT SAME PRETAX PROFIT. So far the administration proposes to address this by subjecting hiugh-value U.S.-owned foreign operations to much of the same pain, but in the brutal math of international business that will just cause those operations to flow into foreign hands, where they will be free from that penalty, and the U.S. economy will become even more dependent on smoke and mirrors. We can create a genuine strong incentive to move high-value operations and high-wage jobs to America, making this the best place to invest, while REDUCING the deficit (even before considering growth effects), shifting the tax burden from middle-class wage earners to rich speculators, and subjecting corporations to better public control. See www.sharedeconomicgrowth.org and sign the petition at http://wh.gov/8oZ
08:50 AM on 02/24/2012
Ok, let's add some facts.

What corporations do with their cash is their business. If they want to sit on cash that is just fine. Do you think it is ok for the government to come to your doorstep and say "You have got cash in the bank, spend it now becuase we have a recession."

Would you put up with such crap? Of course not.


Next, we ALL use the roads, sewers, police force etc. This is not unique to corporations. There are many more "non-corporate" users of these assets than corporate users. And, again, corporations are citizens (in the form of shareholders) who paid taxes to set up these sewers, roads and so on. Since they paid for them, they have the right to use them.

C-Corporations are made up of US citizen shareholders who pay taxes twice (unlike the rest of us). Per the Congressional Budget Office the average combined tax they pay is 29%.

Nuff said.
09:11 AM on 02/24/2012
"Do you think it is ok for the government to come to your doorstep and say "You have got cash in the bank, spend it now becuase we have a recession."

They do this every time they expand the money supply. It reduces the value of your savings.
12:29 PM on 02/24/2012
How true.
09:55 AM on 02/24/2012
In the 1950's corporate taxes were about 33% of total federal government revenue. Today they are about 10%. Corporate profits are running about $1.7 trillion per year. If we were getting this 23% difference in revenue today we would be taking in close to $400 billion more in revenue per year.

This extra $400 billion per year that is not paid in taxes or higher wages goes to dividends and share buybacks. This $400 billion extra per year goes to primarily the top 1% (who own 50% of all stock) and the top 10% net worth people (minimum net worth of $1 million plus to qualify) who own 90% of all shares.

p.s. If I buy a 100 shares of stock today and get a dividend on those shares next week, when I pay the tax on the dividend I only pay it once. All you are really saying is that lower corporate taxes mean that there is more money available to pay dividends.
01:55 PM on 02/24/2012
S-Corporations did not even exist before the end of the 1950's, so your analogy is pointless. You are not comparing apples and apples.

And again, the combined rate paid by C-Corp owners is 29%, Congressional Budget Office.
08:15 AM on 02/24/2012
Instead of demanding government confiscate and thereby waste corporate overseas profits, perhaps that 90% should forgo that new flat screen and go out and buy some stock.
06:35 AM on 02/24/2012
President Obama's just confused. He thinks HE is running for the Republican nomination. Someone needs to remind him that he's supposed to the nominee for the Democratic Party.
HUFFPOST SUPER USER
A level Head
09:02 AM on 02/24/2012
Regardless of what party he thinks he is running -- He is indeed CONFUSED
06:20 AM on 02/24/2012
Wonder why we have such income inequality? Declining corporate income tax rates have a lot to do with it. Except for a relatively small amount kept as retained earnings for future expansion, all after-tax profit are used to pay dividends and for share buybacks (which increase the value of outstanding shares). The top 1% hold 50% of all stock and the top 10% hold 90%. These activities thus benefit primarily the few. Thus, when corporate taxes are lowered, the amount saved in taxes (and paid for by society in general in the form of foregone tax revenue) is simply passed on to the shareholders - 90% of whom are in the top 10% anyway. This money would help the economy more if it were used to pay higher wages or, at least, reduce the deficit.
07:56 AM on 02/24/2012
Corporate taxes are the pearl in the oyster that needs to be addressed. The Borosage article points out only US corporations skirting the taxes (and dividends issue). What about foreign corporations which not only DON'T pay anything, but don't employ any US workers nor pay any dividends.

Fix it Mr. President and you may have at least one registered replublican voting for you. Fix it fast!
08:57 AM on 02/24/2012
Every government or private worker that has a pension owns stock through their pension. Almost everyone that saves for retirement in a 401(k), 403(b), Roth or IRA has stock. Everyone uses tax benefited college savings fund has stock.

A lot of people have stocks. Many of these people saved their whole lives to have enough for a comfortable retirement.

A lot of the rich make money trading stocks but a lot more people make money holding stocks.

Taxing corporations at all is one more way that government discourages savings an investment and needs to stop.
01:41 PM on 02/24/2012
Only 45 million out of 155 million working Americans have a 401K or other such savings account. Most of these are held by those in the top 10% of wealth. Over 1/2 of 401k accounts have a balance of less than $2,000. The average income of those in the bottom 90% is $31,300 - kind of hard to contribute at that level. The economy, not to mention people, would be a lot better off if, instead of all the profit being paid out to shareholders, some more of it went to wage increases.

http://www.mybudget360.com/retirement-myth-401k-myth-wall-street-putting-middle-class-retirement-at-risk-social-security-stopgap/
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TheGreatRenewal
Naming the next paradigm
04:25 AM on 02/24/2012
Spot on ... I happen to like Obama but I certainly know he's a corporate guy. After all he gave the health care reform to the insurance corporations by requiring everyone to buy insurance ... hardly 'socialism'.

I'm presently in NZ where I live/work. It led the way in the 1980s to deconstruct its social democracy to become a corporation run by an elected CEO. Right now they are selling off oil, natural gas, farm land, electricity ... you name it ....oh .. .and even the delivery of human services and benefits.

Every town looks the same as does every Mall ... sound familiar. We are owned and operated by corporations.
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Organic-Guy
Organic Gardener, Carpenter, Philosopher, Agitator
01:10 AM on 02/24/2012
I suppose a real 28% tax rate with after deductions and stiff penalties for offshoring your money and incentives to bring jobs and money back into the US might be better than a 38% tax rate with so many loop holes it's really a 15% tax rate.
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eehd
Kony2012
07:17 AM on 02/24/2012
It's really a lot lower than that. It's almost revenue neutral.
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12:57 AM on 02/24/2012
and why should we be surprised by this?
12:19 AM on 02/24/2012
I love the tro who defends the corporations with the jobcreators talkingpoint. Wow. Rocket science. Yeah, corporations are hooly and you dorty ingrates ought to be begging them to give you crummy little jobs that pay nothing. Here is, like, uh, a fact. The kind tros don't like. In the US's most prosperous times, the 1950s, corporations paid much much more taxes and you and I paid less. Now that we are starving, they pay didly. Read it and weep, soulless tro.

Corporate Taxes as a Percentage of Federal Revenue
1955 . . . 27.3%
2010 . . . 8.9%

Corporate Taxes as a Percentage of GDP
1955 . . . 4.3%
2010 . . . 1.3%

Individual Income/Payrolls as a Percentage of Federal Revenue
1955 . . . 58.0%
2010 . . . 81.5%

http://www.ritholtz.com/blog/2011/04/corporate-tax-rates-then-and-now/
HUFFPOST SUPER USER
A level Head
09:01 AM on 02/24/2012
Obviously not a Professor of Economics if you believe a Corporation pays even a single dollar of taxes ---

EVERY cost input is passed to the consumer eventually in the form of selling price -- We are already at -- check that past -- the point of being able to compete for jobs -- and make no mistake there is a HUGE competition worldwide for jobs --- The more you add to Corporate cost the more jobs will fly to where the overall cost of production is less.

The ONLY function of a Corporation is to earn profit --- Jobs -- are simply a latent effect.
The ONLY people a Corporation is accountable to are its stockholders.

The ONLY function of Government when it concerns Corporations is to foster a beneficial atmosphere to attract them within the bounds of reasonable rules and regulations that protect the commons.

When we return to that common sense approach and stop pretending that Corps are job creators or money wells that exist to benefit the general welfare -- and when we realize that the "good" a Corp does is simply a latent consequence of their main function -- Then we will become a rational place to build a plant and accrue those latent benefits.
12:03 AM on 02/24/2012
Get this straight -watkins- it is Not 50 percent who don't pay any taxes. The fact is that it is 50 of households that meet this standard, because of low income and children to support creates a tax return with enough credits that they end up being assessed little or no federal taxes owed. Sounds a lot like the corporate loopholes that chip such a deep gouge in the corporate tax rate that in the final line zero tax is owed. You and tightest like you should be first happy that you pay taxes in this country because it means you must be able to feed your kids and buy them the nice jeans they want every month. Be appreciative of your God given blessings. Remember the truly poor who go hungry every day when you say your prayers at night. You are blessed. Ask God to bless those less fortunate. Ask God to encourage corporations to stop sending their jobs overseas and if he is listening perhaps some of these 50 percenters you are so angry with will earn a decent enough wage to pay federal taxes on top of the employment taxes they pay but you conveniently ignore in your confusion over who to blame.
03:11 AM on 02/24/2012
Yeah, like GOD is the IRS! God has nothing to do with this, we the people that make less than 25,000 a year can actually keep up with 3.50 a gallon of gas, 150.00 amonth for cable +& internet,125.00 for heat ,100.00 for electricity a month, REALLY?
HUFFPOST SUPER USER
jstrate
11:36 PM on 02/23/2012
I'd think that reform of the tax code is very likely after the election because newly elected members and reelected incumbents will be salivating at the opportunity to brush away all of the loopholes, clear the deck, and start all over again exchanging loopholes for corporate campaign contributions.
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Jerry Frey
unCommon sense for the common good
11:12 PM on 02/23/2012
The issue is competitiveness along with paying a fair share of taxes.
08:58 AM on 02/24/2012
There is no such thing as a "fair" share of taxes..
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Aaron Watkins
À Rebours
10:48 PM on 02/23/2012
Sorry, of course I meant so far to the left in the first point.
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SocratesSiddhartha
"Poverty is the worst form of violence." Gandhi
08:01 AM on 02/24/2012
That's because you're so far to the right everything looks that way.
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Aaron Watkins
À Rebours
12:40 AM on 02/27/2012
Nope. Never voted for a Republican President in my life. Thanks for your partisan opinion though.