Are CFOs Behind the Idea of Lowering the Corporate Tax Rate?

John Kogan's Profile

There’s a lot of talk about lowering the corporate tax rate – even abolishing it altogether. Just a few weeks back I was at a corporate finance event which featured a number of high profile public company CFOs discussing various topics – and this tax topic stole the show (and you can’t frequently say that about any tax topic!) with some vehement attacks on the current corporate tax regime.

It should not be controversial to say that I think all American businesspeople want to invest in the U.S. and see this country grow productively, thus improving everyone’s economic standing. However, a variety of investment options exist for virtually every spending decision these days so “buying American” is not always so simple. To wit: do I hire my team in the U.S., or do I hire in Asia and bring on three times the bodies? Do I put a plant in the Midwest or build in Singapore, or perhaps outsource manufacturing completely overseas? Do you not take that available tax deduction in Switzerland or do you? I could go on, but you get the idea. It’s all too easy and logical for companies to invest every dollar wherever they think it best suits their business needs and will drive the greatest profitability – after tax.

CFOs and other corporate leaders are not in business to move the U.S. economy, they are in their roles to move the economy of their own company. And let’s not jump on corporate leaders who want their company to succeed. I think this desire is at the very heart of capitalism and it’s great because that may be our company, sending its profits our way as investors, or perhaps it’s our employer giving us that all-important paycheck. In today’s global economy the alternative to going “all out” is to choose to be going out of business. So you have very little choice other than optimizing everything you do for maximum profits.

This leads to something that lies at the heart of the corporate tax kerfuffle: CFOs and other corporate finance leaders would love nothing more than to directly support the U.S. economy, but they can’t do that at risk to their companies’ survival. That would fly in the face of everything capitalism is about. So when asked about tax issues, I hear CFOs saying “I’d be happy for my company to earn money in the U.S. and pay U.S. taxes, if only they weren’t prohibitively high.”

This country has one of the highest corporate tax rates in the world, second only to Japan. There are tax havens, such as Bermuda and the Cayman Islands, and very “first-world”, low tax countries such as Switzerland and Singapore that offer simple alternatives. Even if companies operate in other high tax jurisdictions globally, it’s frequently seen as making more sense to “park” earnings in those countries, attempting to offset with operating expenses or acquisitions rather than repatriate to the U.S.. That is why there is so much corporate money “trapped” overseas right now. Money that could otherwise find good use right here in the U.S..

So why are the aforementioned CFOs so angry? Because they would rather invest their companies’ money in the U.S., but they feel their hands are tied by U.S. corporate tax policy, and that investing more in the U.S. would be “choosing” to reduce their companies’ profitability - and that’s an unnatural act in the capitalist world.

So what’s a country to do? Legislate that companies use their own disadvantageous tax jurisdiction? That just wouldn’t fly in Congress and certainly wouldn’t support the “free” economy that’s such an integral part of the American dream. Maintain the status quo? Why continue with the current failed policies? Why lose out on all of those companies bringing their earnings (and at least some jobs) home to the U.S.? And why not reduce the incentive to base operations in tax havens or leave cash overseas? Maintaining the status quo and doing nothing is a losing proposition for all involved – and it is certainly proving to be just that.

A third option is to reduce our corporate tax rate and get in the game. I don’t mean make it disappear altogether – but level the playing field. Corporations benefit tremendously from the U.S. infrastructure, rule of law, healthy commerce, etc.. They should pay their fair share to support all that goodness. But the U.S. government should get competitive with other jurisdictions and remove the incentive to do so much investing outside the country. While they’re at it, they should remove the incentive to avoid taxes on money earned here. Remove the tricks and loopholes that support special interests to the detriment of all others and make the new rate stick!

We know what the current tax regime has wrought – massive avoidance tactics, jobs moving overseas, and a dis-incentive to invest in the U.S. if you have equal pre-tax economics in a lower tax country. It just makes sense to incent companies to operate in the U.S., create American jobs, earn money in the U.S., and repatriate foreign earnings to the U.S.. At the end of the day, more companies will pay taxes in America if they’re not so busy fearing and avoiding them – which is all too common today. This is not a republican or democratic discussion, just one about how we make our economy stronger.

This is just one CFOs opinion. I’d be interested in hearing what others (CFO or not) have to say. And please leave the politics at home: this is about economics and how you run your company.
 

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Comments

Bob Scarborough's Profile

"Remove the tricks and loopholes that support special interests to the detriment of all others and make the new rate stick!"

The tax rate gets all the attention - but the crime is in the application of the tax code and not the rate. Everyone talks about how high the rate is - while everyone knows that the effective rate is significantly lower due to the games some can play. A recent study of the Fortune 300 shows their effective rate is less than 18% - while the top 30 companies pay even lower. This is not the 35% rate everyone hates.

My preference is to focus on business without regard to the tax code - but that is not possible given the current potential advantages found by leveraging loopholes and give aways. Preferences and loop holes do not help our country or the competitive balance – they reward the companies who invest in tax strategies over the ones who focus on doing business well.

Ideally something radical would occur - say a gross receipts charge on revenue in the US. Yep - some will scream about making a profit or different profitability metrics by industry - but that is beside the point. There is a cost associated with what government provides. Everyone should bear some of the cost without distortion. Something like this would allow for a 2%-3% fee that would level the competitive playing field, remove the economic distortions provided by loopholes, and let us get on with the real job of growing our business.

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Brian Vogel's Profile

Bob Scarborough hit one of the nails squarely on the head. The US effective corporate income tax rate is lower than the average OECD countries (US = 13.4%; OECD = 16.1% for 2000-2006 http://www.treasury.gov/press-center/press-releases/Documents/07230%20r.pdf see table 5.3).

There is also something else Bob touched on - a consumption tax. The USA is the only country in the OECD without a VAT (consumption) tax, and one needs to look at how much VAT corporations pay in other countries. Not looking at VAT is equivalent to looking at the state/local tax structure in Washington state and Oregon, and deciding Washington state is vastly better because there is no corporate income tax. There is, however, a gross receipts tax (business & occupation tax) in Washington state.

When looking at government revenue sources by type as a percent of total government revenue, corporate taxes/consumption taxes are 8.3%/16.4% in the US and average 8.8%/31.7% for OECD countries (http://oecdobserver.org/news/fullstory.php/aid/651/The_truth_about_tax_burdens.html).

The argument for US corporate tax income rates to be lower is that the statutory tax rate is high compared to other industrialized (OECD) countries. Indeed, corporate income tax rates in OECD countries has been declining since the 1980's. What corporations will not tell you is that VAT tax rates have been climbing. The average VAT in OECD countries is ~18% and the average state/local sales tax in the USA is ~8%. A 10% difference.

If you want to compare corporate taxes in the US with other countries, you have to look at all taxes and not just income tax. And you have to look at effective income tax rates - not top marginal statutory income rates - because of all of the loopholes in our tax structure. When you consider these two things, corporations have far lower tax burdens in the US vs. other OECD countries.

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Bob Scarborough's Profile

To follow up on Brian’s comments and my previous comments, there is a core philosophical question.

Is the goal of the current discussion to look at fairness in the tax on corporations as well as competitiveness for the US? Or to go even further is the goal of the current discussion to have a fair and reasonable corporate tax while eliminating tax strategy from the planning needs of the corporation?

If you move to a consumption based tax – or a tax on the top line – all companies are taxed the same. If you want access to the US market you pay – foreign corporations and domestic corporations are on the same competitive basis. There are no disincentives to locate workforce in other countries, no penalties on bringing income earned overseas home.

At the same time you don’t need to spend resources studying tax strategies as well as contorting how you do business to optimize your tax strategy. There is a cost to what government provides that companies consume. The cost is there without thinking about it – applying to everyone equally who sells in the US.

Otherwise the discussion on top line rates, ignoring loopholes and deductions and the true effective rate really strikes many people as more of a free lunch effort than any true reform.

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