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After a brief respite, the economy is showing signs of faltering again. Government expenditures have ballooned, while tax revenues are dwindling. Although the massive intervention during the market meltdown may have helped avoid an even more extreme collapse in stocks, people strongly disagree about what if any role government should play in the future -- and how long freely available borrowing will allow it to continue spending more than it brings in.

It's with that backdrop that the President's Economic Recovery Advisory Board released its report on tax reform last month. Despite all the uncertainty about what will happen to individual tax rates in 2011 and beyond, the report focuses largely on the less well-understood portion of the federal government's revenue: corporate taxes.

Free money?
Corporate tax revenue makes up a relatively small part of the overall federal budget. In the government's 2010 fiscal year, corporate tax revenues were $176 billion, compared to nearly $1.8 trillion from individual income taxes, combined with payroll tax collections for Social Security and Medicare.

But the government is counting on rising corporate tax receipts to provide a growing share of total revenue going forward. The Office of Management and Budget projects that corporate tax revenue will more than double to $415 billion by 2014, compared to more modest growth on a percentage basis for other revenue sources. Budget proposals go even further to increase corporate tax revenue going forward.

The PERAB report sheds some light on how proposed changes could affect corporate taxation. Although this portion of the report spans 30 pages, its suggestions boil down to the following:

  • Corporate tax rates in the U.S. are among the highest in the world, and lowering them could make U.S. businesses more competitive.
  • To make up for lost revenue, broadening the corporate tax base may be necessary. Possible solutions include eliminating or reducing certain tax breaks, or forcing other business entities such as partnerships and LLCs to pay corporate-level tax.
  • Changes to the way the U.S. taxes international business operations could reduce the incentives that companies have to structure their businesses to avoid U.S. taxation entirely.

The report's findings present an interesting dilemma. Cutting corporate tax rates could boost economic activity, but at the cost of already scarce tax revenue. Various reform measures could boost tax revenue, but potentially at the cost of cutting economic activity. Is there a way to have our cake and eat it, too?

Haves and have-nots
From an investing perspective, shareholders need to know whether their companies have benefited from the existing corporate tax structure in order to figure out if a change could hurt them. Recent tax data is suspect because the recession has had a big impact on both profits and tax liabilities. But a 2007 study that looked at effective tax rates from 2004 to 2006 showed that six companies enjoyed double-digit percentage reductions in their effective tax rates because of favorable taxes on foreign earnings. Here they are:


Percentage-Point Reduction in U.S. Tax Rate as Result of Foreign Earnings



ConocoPhillips (NYSE: COP  )


Motorola (NYSE: MOT  )


General Electric (NYSE: GE  )


Merck (NYSE: MRK  )


Pfizer (NYSE: PFE  )


Source: Tax Notes.

By structuring their operations to take maximum advantage of favorable foreign jurisdictions, companies like these can reduce or eliminate U.S. taxes legally while still paying substantial taxes elsewhere.

Past efforts suggest that reform might work. In 2004, companies got a favorable tax break if they repatriated money from overseas operations. As a result, effective tax rates for many companies increased as they took advantage of the tax provision. Hewlett-Packard (NYSE: HPQ  ) and Eli Lilly (NYSE: LLY  ) each saw their effective tax rates rise by 5 percentage points or more, with Merck and Pfizer also reporting substantial gains.

The big question
For corporate tax reform to work, companies need to have less incentive to game the system by strategically placing operations and assets out of reach of the U.S. government. Lower tax rates might well accomplish that, especially if accompanied by a change in the way foreign revenue is taxed. If the best decision for companies is to pay more tax to the U.S. and less to foreign governments, then it's a potential win both for those companies and the U.S. government.

Taxes are complicated, and the coming political fight on these and countless other tax provisions, including individual income tax rates, the estate tax, and capital gains and dividends, will be long and fierce. Keeping an eye on the proceedings, though, can give you advance notice of changes that could dramatically affect the stocks you own.

Tune in every Monday and Wednesday for Dan's columns on retirement, investing, and personal finance.

True to its name, The Motley Fool is made up of a motley assortment of writers and analysts, each with a unique perspective; sometimes we agree, sometimes we disagree, but we all believe in the power of learning from each other through our Foolish community.

Fool contributor Dan Caplinger never met a tax he particularly liked. He doesn't own shares of the companies mentioned. Pfizer is a Motley Fool Inside Value recommendation. The Fool owns shares of Qualcomm. Try any of our Foolish newsletters today, free for 30 days. The Fool's disclosure policy will never need reform.

Read/Post Comments (2) | Recommend This Article (7)

Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On September 13, 2010, at 9:48 AM, TwentyTwoHands wrote:

    The simple truth is that these extensions to tax legislation are quite the burden. There is a high probability you may get lost in the paperwork and tracking of receipts. A small business currently spends 3 - 5 hours a year on average filing 1099 forms. A survey conducted by Pennsylvania-based SMC Business Councils, shows that filing these two 1099 extensions for services purchased from corporations only would cause a standard small business at least 200 filings per year and an additional cost of $6,000 in preparing yearly tax returns. This estimate excludes the requirement for filing 1099s for purchases of goods - this would cause a staggering increase.

    How did this tax provision blizzard come upon us? This new legislation has been in the works since 2007 when a tax-gap study was conducted. This 'tax gap' between businesses and individuals costs the government about $300 billion per year in lost revenue. The study showed that adding additional 1099 tax extension forms could produce $345 billion per year in federal tax revenue and this is where the health reform bill comes into play. These two extension requirements are part of the health reform bill - snuck in the 2,000 page bill, allowing the government to track down unreported income. The goal of this new tax legislation is to catch income that is not currently reported to the IRS.


    Money without intelligence is like a car without a road.

  • Report this Comment On September 13, 2010, at 5:40 PM, DDHv wrote:

    We may be past the point of no return on public debt. If so, when the bubble pops, there will be some few problems. One possibly useful tax is the Tobin tax - about $0.01 for each investing transaction. Doubt it will be passed, it would make little difference to individual investors, but would cut into the computerized fast trading.

    One computerized order useful for individuals is the limit order. With good planning, you can increase your chance of profiting from volatility, while reducing volatility for others (at a microscopic rate).

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