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Pepperdine University School of Law

Thursday, February 22, 2007

Avi-Yonah Presents Formulary Apportionment for Corporate Income Taxation Today at Penn

Aviyonah_11 Penn_1Reuven S. Avi Yonah (Michigan) presents A Proposal to Adopt Formulary Apportionment for Corporate Income Taxation at Penn today as part of its Tax Policy Workshop Series.  Here is the abstract:

The current system of taxing the income of multinational firms in the United States is flawed across multiple dimensions. The system provides an artificial tax incentive to earn income in low-tax countries, rewards aggressive tax planning, and is not compatible with any common metrics of efficiency. The U.S. system is also notoriously complex; observers are nearly unanimous in lamenting the heavy compliance burdens and the impracticality of coherent enforcement. Further, despite a corporate tax rate one standard deviation above that of other OECD countries, the U.S. corporate tax system raises relatively little revenue, due in part to the tax avoidance activities of multinational firms. In this proposal, we advocate moving to a system of formulary apportionment for taxing the corporate income of multinational firms. Under our proposal, the U.S. tax base for multinational corporations would be calculated based on a fraction of their worldwide income. This fraction would simply be the share of their worldwide sales that occur in the United States. This system is similar to the current method that U.S. states use to allocate national income across states. The state system arose due to the widespread belief that it was impractical to account separately for what income is earned in each state when states are highly integrated economically. Similarly, in an increasingly global world economy, it is difficult to assign profits to individual countries, and attempts to do so are fraught with opportunities for tax avoidance.

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A fabulous idea. Congress should make the "F" in Subpart F stand for formulary apportionment.

Posted by: Jake | Feb 22, 2007 7:49:53 PM

Very administrable, but the corporate income tax simply wouldn't be an income tax any more. Instead, it would be a sales tax, with a sales-tax-rate that varies randomly across companies.

Posted by: Dan | Feb 25, 2007 7:08:23 AM