Corporate Tax Integration and TCJA: How Near the Mark?

The Tax Lawyer, Vol. 74, Iss. 2 (2021)

32 Pages Posted: 19 Jun 2020 Last revised: 25 May 2021

Date Written: 2021

Abstract

Congress, by the Tax Cuts and Jobs Act of 2017 (hereinafter “TCJA”),1 made a number of changes to the income tax rates applicable to individuals and profits of businesses conducted both in corporate and non-corporate form. Elsewhere, in an article entitled Advancing to Corporate Tax Integration: A Laissez-Faire Approach, I advanced the case for an Integrationist Norm of business income taxation.2 In the tax regime of the Integrationist Norm, all business profits would be subject to exactly the same tax burden as if a business were conducted directly by the individual equity holders without an intervening legal fiction of a juridical business entity. The purpose of this Article is to assess how near TCJA brings the Internal Revenue Code (hereinafter the “Code”) to achieving the Integrationist Norm, and to consider what possible modifications to TCJA might bring it nearer the target, and whether achieve sufficiently more good than harm to justify the effort to have them enacted.

Suggested Citation

Polito, Anthony P., Corporate Tax Integration and TCJA: How Near the Mark? (2021). The Tax Lawyer, Vol. 74, Iss. 2 (2021), Available at SSRN: https://ssrn.com/abstract=3612351 or http://dx.doi.org/10.2139/ssrn.3612351

Anthony P. Polito (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8518 (Phone)
617-573-8143 (Fax)

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