There appeared to be a spate of articles published in the USA yesterday suggesting that the US corporation tax should be abolished.
The arguments used for doing so were, I think, disingenuous. So for example, it was argued that:
The United States should either reach agreement with its trading partners on a common way to allocate profits of multinational corporations or should scrap the corporate tax and directly tax shareholders instead.
This is surreal when read in the context of the article. What the authors noted is that outside the US countries are moving towards only taxing profits where they arise. But this, they argue, undermines the competitiveness of US companies that are notionally taxed on their worldwide income, even though as we well know many ( start thinking Google and just keep going) are absolute masters at paying almost no tax at all on their income arising outise the USA. And yet, if you read the above paragraph it would seem that they're blaming other countries for this when in fact many - including the UK - would be only too pleased to tax a much more appropriate part of the profits of US corporations arising in their states.
This claim made is then to be seen for what it is, which is best described as a misleading picture of the situation. The problem with US tax is domestic lack of willingness to tackle the obvious flaws in its worldwide tax system which leads to abuse everywhere. It is most certainly not a problem imposed by other states.
But the straw man suggestion that the US and it's major companies is the poor victim in all this is then seen as the excuse for the real argument being put forward here, which is that the US corporation tax should be abolished because it is so unfair to those poor companies - most of whom enjoy tax rates far, far below the US headline rates (which are, admittedly, unrealistically high in the current world economic environment, although I would not reduce them to anything like UK levels).
Of course those making this argument suggest that they are not arguing for the abolition of tax. They do instead say that the tax burden should be shifted to taxpayers, almost invariably when they received dividends from the company. They also suggest taxpayers should be taxed on the annual increase in the value of their shares, but with relief given if values fall.
So, in a few short paragraphs we move from 'poor US companies' (a solution wholly capable of being fixed if the American Right wanted to do it) to 'let's abolish the corporation tax', a long cherished aim of those on the American Right who want to increase US inequality.
So let me first of all remind you why we have a corporate tax system. First of all it raises money. Not perfectly, but it works. Secondly, the alternative is taxing dividends, which already exists. It would raise no more money. And third, taxing movements in value may just be an upfront payment on capital gains tax, which already exists,so this will raise no more money either. In other words this is a demand to reduce taxes and so reduce the size of government. Let's be clear about that.
Second, corporate income taxes were introduced to stop tax avoidance. It was just too say to incorporate, shift income you did not need to live ontoday (something only those already well off enjoy) into a company and watch it accumulate tax free. This would, of course, happen again if the corporation tax was abolished. So, demanding abolition of the corporate income tax is simply demanding that more tax shelters be made available to wealthy people when many more complex ones have currently failed.
Third, the corporation tax is pragmatic. It includes a measure of capacity to pay - called profit. It is charged on just one entity, the company, rather than lots, the shareholders, and so it is cheap and can be effective (a sin in the Right's eyes). But most of all, it can be collected. And that is not true of shareholder taxes because in many countries - and the US is particularly bad at this - we have no idea who the shareholders of companies are and we have no way as a result if tracing them if they decide not to declare their income. The means by which shareholders can hide their identities from view are legion, and nowhere more than in the USA. Abuse of this law would be at staggering scales.
And finally, that tax on increases in value in shares. How is that going to apply to the millions of private corproations in the US and elsewhere? Do they get an annual valuation (which is expensive) and who checks they're not lying? This would be enormously expensive to administer so you can see the next argument already, which is that they should be exempted. Suddenly there's another gaping loophole.
Corporation taxes aren't perfect. Unitary taxation internationally - which the US opposes - could solve all the allocation issues though. And without these corporate taxes I can guarantee tax abuse would run riot to the sole advantage of the wealthy.
We need corporation taxes. The campaign to keep them has to get serious. The suggestion that they be abolished is a massive threat to well-being in the US and around the globe if it were to happen. And those arguing for abolition have enormous piles of cash available to them to make their case.
Thanks for reading this post.
You can share this post on social media of your choice by clicking these icons:
You can subscribe to this blog's daily email here.
And if you would like to support this blog you can, here:
Well said Richard, the argument in this article is simply that as corporations use tax havens and shift their place of incorporation to low tax regimes i.e inversion, the US should give up trying to tax corporations, and shift the tax elsewhere. Which really, is just a disguised way of advocating the usual right wing low or no tax argument.
So in other words, don’t stand up to the corporate tax abusers by closing tax havens, improving GAAR’s or fighting the concept of tax competition bwetween countries, just roll over and dump the tax on the shareholders. A policy which, as you note, would fail dismally.
Agreed
One argument I’ve heard in favour of abolishing CT in favour of additional taxes on distributions is that CT isn’t actually paid by the owners of the business because its incidence falls on customers and employees through increased prices and decreased wages, respectively.
At best, that’s an argument that has always seemed to me to be, at the very best, a gross over-simplification: the extent to which the cost of CT can be transferred to customers and employees (and suppliers, I suppose) depends on the relative elasticity of the supply of capital, labour, materials etc. and demand for the business’s products. It will therefore vary over time, between industries and even between businesses operating in the same industry.
It’s also an argument that seems to be backed by no convincing empirical evidence.
Reading this post, however, it strikes me that, even if we give the tax incidence argument against CT the benefit of the doubt and assume the phenomenon does occur, it’s hard to see how replacing CT with a tax on distributions would make any difference. Surely, the shareholders would simply demand higher returns on their capital to compensate for the tax suffered, and the business would, in turn, fund this through changes to sales and/or wages.
Zacchaeus
Agreed
…and another thing!
If CT were to be replaced with a tax on distributions, what would the proponents of such a scheme suggest doing to the income tax regime for unincorporated businesses?
 As unincorporated businesses are taxed on profits, not drawings, the IT and CT regimes are currently, in this respect at least, reasonably aligned. If CT were abolished in favour of a tax on distributions, would IT on business income have to shift to a charge based on drawings? I doubt those on the right who argue for this change would be particularly enamoured of the consequent need for the tax authority to gather a huge amount of personal financial information as a matter of course.
If no change were made to IT, it would of course create an outrageously slanted playing field. One of the many impacts would be that pretty much everyone would incorporate. Again, people who argue for the abolition of CT also tend to be people who purport to oppose the tax system triggering changes in behaviour.
Zacchaeus
Neat question
I have to agree with this – The US need to put their house in order and stop blaming the rest of the world.
And in particular the US tax system for internmational operations is so open to abuse. It is no coincidence that pretty much most of abusive tax avoidance involves the US – their crap CFC regime, so only income remitted back to teh US is taxed, their check the box regime – which basically enables hybrid entities to be created at whim – is the basis of many (I would even suggest most) tax avoidance schemes.