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Missing the Mark: Evaluating the New Tax Preferences for Business Income

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  • Ari Glogower
  • David Kamin
Abstract
The 2017 Tax Legislation introduced two significant new tax preferences for businesses: a reduction in the corporate rate to a flat 21 percent and the 20 percent deduction for pass-through income under Section 199A. Advocates of the legislation justified these preferences in part as a way to encourage new business investment and as a response to international tax competition. However, Congress failed to effectively achieve these goals by appropriately targeting these preferences on an economically coherent category of business income - such as the normal returns to new investment - and by protecting the domestic tax base as they addressed international pressures. Instead, the law extends its tax cuts to a variety of economic returns, including returns to labor of highly-compensated domestic service providers, but only if income is earned in certain forms and in certain sectors of the economy. As a result, the legislation generates substantial new inequity, tax planning opportunities, and administrative challenges for the IRS — none of which was necessary to increase investment and reduce international profit shifting.

Suggested Citation

  • Ari Glogower & David Kamin, 2018. "Missing the Mark: Evaluating the New Tax Preferences for Business Income," National Tax Journal, National Tax Association;National Tax Journal, vol. 71(4), pages 789-806, December.
  • Handle: RePEc:ntj:journl:v:71:y:2018:i:4:p:789-806
    DOI: 10.17310/ntj.2018.4.09
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