International Cooperation and the 2017 Tax Act
128 Yale Law Journal Forum 362 (2018)
21 Pages Posted: 16 Nov 2018
Date Written: October 25, 2018
There is a silver lining for the corporate income tax in the Tax Cuts and Jobs Act of 2017. This is because the Act’s international provisions contain not only competitive but also cooperative elements. The Act adopts a lower, dual-rate structure that pursues a competitiveness strategy and taxes regular corporate income at 21% and foreign-derived intangible income at 13.125%. But the Act also supports the continued existence of the corporate income tax globally, thus favoring cooperation among members of the Organisation for Economic Cooperation and Development (OECD). Its cooperative provisions feature the minimum tax on global intangible low-taxed income, or GILTI, earned by non-U.S. subsidiaries. Another cooperative provision is the base erosion and anti-abuse tax, or BEAT. The impact of the Act on global corporate income tax policy will depend on how the U.S. implements the law and on how other nations respond to it.
Keywords: 2017 tax act, GILTI, BEAT, international tax, international cooperation, minimum tax, competitiveness
JEL Classification: K33, K34
Suggested Citation: Suggested Citation