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How Should a Subnational Corporate Income Tax on Multistate Businesses Be Structured?

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  • Fox, William F.
  • Murray, Matthew N.
  • Luna, LeAnn

Abstract

This paper provides an economic evaluation of the state corporate income tax (CIT) in an open economy environment characterized by highly mobile capital. We find little economic justification for the state CIT, but recognize that it is not likely to be replaced in the foreseeable future. The current CIT structure provides the potential for significant tax–induced distortions and tax planning opportunities. To lessen distortions, we recommend a broad economic nexus standard, combined reporting, and an entity level tax on limited liability companies. To reduce–origin based taxation, states should increase the weight of the sales factor for formula apportionment, but not adopt a throwback rule.

Suggested Citation

  • Fox, William F. & Murray, Matthew N. & Luna, LeAnn, 2005. "How Should a Subnational Corporate Income Tax on Multistate Businesses Be Structured?," National Tax Journal, National Tax Association;National Tax Journal, vol. 58(1), pages 139-159, March.
    • Handle: RePEc:ntj:journl:v:58:y:2005:i:1:p:139-59
    DOI: 10.17310/ntj.2005.1.07
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    Cited by:

    1. Martini, Jan-Thomas & Niemann, Rainer & Simons, Dirk, 2014. "Management incentives under formula apportionment: Tax-induced distortions of effort and compensation in a principal-agent setting," arqus Discussion Papers in Quantitative Tax Research 168, arqus - Arbeitskreis Quantitative Steuerlehre.
    2. Dietrich, Maik, 2009. "Entscheidungswirkungen einer europaweit harmonisierten Konzernbesteuerung [Impacts of European Group Taxation]," MPRA Paper 59870, University Library of Munich, Germany.
    3. Thomas Eichner & Marco Runkel, 2012. "Efficient tax competition under formula apportionment without the sales factor," Economics Bulletin, AccessEcon, vol. 32(4), pages 2828-2838.
    4. Martini, Jan Thomas & Niemann, Rainer & Simons, Dirk, 2016. "Tax-induced distortions of effort and compensation in a principal-agent setting," Journal of International Accounting, Auditing and Taxation, Elsevier, vol. 27(C), pages 26-39.
    5. Ana Agundez-Garcia, 2006. "The Delineation and Apportionment of an EU Consolidated Tax Base for Multi-jurisdictional Corporate Income Taxation: a Review of Issues and Options," Taxation Papers 9, Directorate General Taxation and Customs Union, European Commission, revised Oct 2006.
    6. Martini, Jan Thomas & Niemann, Rainer & Simons, Dirk, 2007. "Transfer pricing or formula apportionment? Tax-induced distortions of multinationals' investment and production decisions," arqus Discussion Papers in Quantitative Tax Research 27, arqus - Arbeitskreis Quantitative Steuerlehre.
    7. David R. Agrawal, 2023. "Hidden Havens: State and Local Governments as Tax Havens?," CESifo Working Paper Series 10573, CESifo.
    8. John Deskins & Brian Hill, 2023. "What Factors Entice States to Manipulate Corporate Income Tax Apportionment Formulas?," Public Finance Review, , vol. 51(5), pages 669-687, September.
    9. Jan Thomas Martini & Rainer Niemann & Dirk Simons, 2007. "Transfer Pricing or Formula Apportionment? Tax-Induced Distortions of Multinationals’ Investment and Production Decisions," CESifo Working Paper Series 2020, CESifo.
    10. Jan Thomas Martini & Rainer Niemann & Dirk Simons, 2014. "Management Incentives under Formula Apportionment - Tax-Induced Distortions of Effort and Compensation in a Principal-Agent Setting -," CESifo Working Paper Series 4908, CESifo.

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