International Cooperation and the 2017 Tax Act

128 Yale Law Journal Forum 362 (2018)

21 Pages Posted: 16 Nov 2018

See all articles by Susan C. Morse

Susan C. Morse

University of Texas at Austin - School of Law

Date Written: October 25, 2018

Abstract

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

Morse, Susan C., International Cooperation and the 2017 Tax Act (October 25, 2018). 128 Yale Law Journal Forum 362 (2018). Available at SSRN: https://ssrn.com/abstract=3273082

Susan C. Morse (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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