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Full-Text Articles in Law
Will States Step Up In 2020? We Hope So, Darien Shanske, David Gamage
Will States Step Up In 2020? We Hope So, Darien Shanske, David Gamage
Articles by Maurer Faculty
We offer no predictions about the next year in tax, but we will offer what we hope will happen — if not next year, then soon. To paraphrase Chief Justice John Roberts, we hope that when it comes to the taxation of multinational corporations in particular, states will act more like the “separate and independent sovereigns” that they are. often rely on volatile revenue sources. More stable tax bases, like the sales tax and the property tax bases, are riddled with design flaws, from the sales tax base not including services and intangibles to the property tax failing to provide …
Why States Should Tax The Gilti, David Gamage, Darien Shanske
Why States Should Tax The Gilti, David Gamage, Darien Shanske
Articles by Maurer Faculty
A centerpiece of the 2017 federal tax legislation’s reforms to international corporate income tax rules is the new global intangible low-taxed income regime (or GILTI). In a prior essay, we argued that U.S. state governments should conform to GILTI. But might there be constitutional restrictions preventing state governments from doing so? This essay argues that state governments can constitutionally conform to the federal GILTI rules and thereby tax GILTI income as part of the states’ corporate income tax bases. However, in doing so, we explain that state governments will need to be attentive to background constitutional principles.
Taxing E-Commerce In The Post-Wayfair World, David Gamage, Darien Shanske, Adam Thimmesch
Taxing E-Commerce In The Post-Wayfair World, David Gamage, Darien Shanske, Adam Thimmesch
Articles by Maurer Faculty
No abstract provided.
States Should Conform To Gilti, Part 3: Elevator Pitch And Q & A, David Gamage, Darien Shanske
States Should Conform To Gilti, Part 3: Elevator Pitch And Q & A, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay argues that the states should conform to the post-2017 federal tax law's provision for Global Intangible Low-Taxed Income (or “GILTI”). This essay is directed at state legislators and their staffs and presents the argument as succinctly as possible.
Our argument can be summarized in three sentences. First, states should conform to GILTI because there is significant evidence that profit shifting is substantially eroding their corporate tax bases. Second, GILTI is a tool for identifying shifted profits. Third, there are many legally and analytically sound ways to apportion GILTI income to a state.
We also - briefly - counter …
Why States Can Tax The Gilti, David Gamage, Darien Shanske
Why States Can Tax The Gilti, David Gamage, Darien Shanske
Articles by Maurer Faculty
A centerpiece of the 2017 federal tax legislation’s reforms to international corporate income tax rules is the new global intangible low-taxed income regime (or GILTI). In a prior essay, we argued that U.S. state governments should conform to GILTI. But might there be constitutional restrictions preventing state governments from doing so? This essay argues that state governments can constitutionally conform to the federal GILTI rules and thereby tax GILTI income as part of the states’ corporate income tax bases. However, in doing so, we explain that state governments will need to be attentive to background constitutional principles.
On Yang's Proposed Federal Tax On Subnational Tax Incentives, David Gamage, Darien Shanske
On Yang's Proposed Federal Tax On Subnational Tax Incentives, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay analyzes presidential candidate Andrew Yang’s proposal to tax subnational tax incentives for companies at a rate of 100 percent.