Originally published on Forbes.com.
Elizabeth Warren has come out with a corporate income tax proposal. As far as I have been able to discern it is not very well fleshed out and the analysis of it seems pretty weak. Nonetheless, there is a core piece to it that deserves consideration. That would be taxing corporations based on reported earnings. Whether it should be 7% or not is a different question, but perhaps my Senator is reaching out for the critical Baker Street constituency.
The Proposal
Here is what I have on the proposal. It seems like there should be more, but I coundn’t get anything else from the campaign. I even tried to use my special inside influence as I am one of Senator Warren’s constituents. No luck there either.
There is this release I’m proposing a big new idea: the Real Corporate Profits Tax which includes.
This new tax only applies to companies that report more than $100 million in profits — about the 1200 most profitable firms in the country last year. That first $100 million is left alone, but for every dollar of profit above $100 million, the corporation will pay a 7% tax. Any company profitable enough to hit the Real Corporate Profits Tax will pay that tax in addition to whatever its liability might be under our current corporate tax rules.
The other thing the campaign provides is this letter from economists Emmanuel Saez and Gabriel Zucman of the University of California, Berkeley. I wrote to them to find out if there was anymore background and Professor Zucman responded.
All the details are public (rates, base, enforcement etc) and we were aware of them beforehand to do our scoring.
Established in 1973, the Financial Accounting Standards Board (FASB) is the i ndependent, private-sector, not-for-profit organization based in Norwalk, Connecticut, that establishes financial accounting and reporting standards for public and private companies and not-for-profit organizations that follow Generally Accepted Accounting Principles (GAAP). ( Emphasis added)
Treasury regulations regarding corporate inversions have been significantly strengthened in 2016 and since then corporate inversions have come to a halt. The higher the effective U.S. corporate tax rate, however, the more pressure there will be on that front. The solution to the problem of tax competition from low-tax countries involves greater international tax coordination (in particular, reaching an international agreement on minimum effective corporate tax rates) and the adoption of defensive measures against tax havens and multinationals headquartered in countries refusing international coordination.
According to the Tax Foundation General Equilibrium Model, this proposal would reduce economic output (GDP) by 1.9 percent in the long run. We also estimate that the capital stock would be 3.3 percent smaller and wages 1.5 percent lower, with about 454,000 fewer full-time equivalent jobs.
The extent to which the corporate income tax distorts investment decisions depends largely on how much of a given investment can be deducted against taxable income in present value. Under current law, companies can expense, or deduct immediately, short-life assets against their taxable income. Long-life assets qualify for accelerated depreciation. The result is that many investments are exempt or partially exempt from taxation. Under the surtax, however, companies would not have access to expensing. The result is that all investment would be fully subject to the surtax.
The GAAP standards are conservative, so many companies emphasize alternative accounting measures that cast their performance in a more favorable light. Amazon.com Inc. chief executive Jeff Bezos, for example, has said that he doesn’t much care whether his company ever earns a profit as calculated by GAAP; his goal is to maximize another measure called free cash flow.
The tax code does have flaws, and lobbyists do influence Congress to change the calculation of taxable income. However, the solution is not to do the same damage to financial accounting standards.
The best approach if Warren is worried about lobbying would be for Congress to take responsibility, not be overly influenced by lobbyists, and get the courage to write the tax code in the manner that is best for the country.
Hanlon and Hoopes are accounting professors. Maybe the Warren campaign should have reached out to a couple of them when it came up with this scheme.