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Full-Text Articles in Taxation-Federal
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.
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.
The Future Of Salt: A Broader Picture, David Gamage, Darien Shanske
The Future Of Salt: A Broader Picture, David Gamage, Darien Shanske
Articles by Maurer Faculty
In this essay, we evaluate the new cap on the state and local tax (SALT) deduction. We argue that the structure of the new cap is not consistent with any theory as to what the SALT deduction is or should be. In canvassing these theories, we further evaluate how future reforms to the SALT deduction might proceed.
Why (And How) States Should Tax The Repatriation, David Gamage, Darien Shanske
Why (And How) States Should Tax The Repatriation, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay analyzed how U.S. state tax laws should treat the repatriation income generated by the 2017 federal tax legislation.