State policy toward cannabis is evolving rapidly. While much of the debate around legalization has rightly focused on potential health and criminal justice impacts, legalization also has revenue implications for state and local governments that choose to regulate and tax cannabis sales. This report describes the various options for structuring state and local taxes on cannabis and identifies approaches currently in use. It also undertakes an in-depth exploration of state cannabis tax revenue performance and offers a glimpse into what may lie ahead for these taxes.
Richard Phillips
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report January 23, 2019 Taxing Cannabis
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report January 17, 2019 A Simple Fix for a $17 Billion Loophole: How States Can Reclaim Revenue Lost to Tax Havens
Enacting Worldwide Combined Reporting or Complete Reporting in all states, this report calculates, would increase state tax revenue by $17.04 billion dollars. Of that total, $2.85 billion would be raised through domestic Combined Reporting improvements, and $14.19 billion would be raised by addressing offshore tax dodging (see Table 1). Enacting Combined Reporting and including known tax havens would result in $7.75 billion in annual tax revenue, $4.9 billion from income booked offshore.
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blog January 17, 2019 How States Can Help Shut Down Tax Havens by Cracking Down on Profit Shifting
A core problem with our corporate income tax laws at the federal and state levels is that they allow companies to use accounting gimmicks to shift significant amounts of their profits into low or zero-tax jurisdictions. Federal lawmakers had an opportunity to address this with the 2017 tax law, but they failed to do so, and, in fact, the law may incentivize more offshore tax avoidance. State lawmakers, however, can buck the federal trend and crack down on profit shifting themselves.
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blog December 17, 2018 Five Things to Know on the One-Year Anniversary of the Tax Cuts and Jobs Act
While it has only been a year since passage of the Tax Cuts and Jobs Act (TCJA), it’s clear the law largely is both a debacle and a boondoggle. Below are the five takeaways about the legacy and continuing effect of the TCJA.
1. The Tax Cuts and Jobs Act will substantially increase income, wealth, and racial inequality.
2. The Tax Cuts and Jobs Act will continue to substantially increase the deficit.
3. The Tax Cuts and Jobs Act is not significantly boosting growth or jobs.
4. The Tax Cuts and Jobs Act continues to be very unpopular.
5. Despite the Tax Cuts and Jobs Act’s lack of popularity and ill effects, many Republican lawmakers are calling for even more tax cuts for the wealthy and corporations. -
blog November 29, 2018 New Legislation Aims to Change Tax Law Provisions That Incentivize Outsourcing
Sen. Amy Klobuchar (D-MN) and several Senate co-sponsors this week introduced the Removing Incentives for Outsourcing Act, which curbs harmful new incentives created by the Tax Cuts and Jobs Act (TCJA) that encourage companies like GM to move their profits and operations offshore.
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report November 19, 2018 The Failure of Expensing and Other Depreciation Tax Breaks
Congress permitted full expensing only for five years, which will encourage businesses to speed up investments they would have made later. Republicans in Congress have discussed making the expensing provision permanent. This report argues that Congress should move in the other direction and repeal not just the full expensing provision but even some of the permanent accelerated depreciation breaks in the tax code, for several reasons.
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blog November 8, 2018 The Post-Midterms Tax Policy Outlook: Small Ball and Real Tax Reform Debate
With most of the results of the 2018 midterm elections in, the broad landscape for federal tax policy over the next couple years is coming into view. Democratic control of the House and Republican control of the Senate means a significant tax overhaul is unlikely, but minor tax changes may happen. And the run-up to the 2020 presidential election will force more robust debate over the impact of the Tax Cuts and Jobs Act (TCJA) and what aspects of the legislation should be repealed, reformed, or built upon.
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blog November 5, 2018 Post-TCJA, International Corporate Tax System Still Leaking Hundreds of Billions in Profits
A recently released working paper from Kimberley Clausing of Reed College finds that U.S. corporations will avoid taxes on nearly $300 billion in offshore profits every year for the foreseeable future. The paper provides an informative new look into the level of offshore tax avoidance before and after the Tax Cuts and Jobs Act (TCJA). While advocates of the TCJA claimed the tax law would end tax haven abuse through lowering the statutory rate and other measures, Clausing’s analysis shows that the TCJA will still allow the vast majority of offshore tax avoidance to remain intact.
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blog September 7, 2018 New Study Confirms Offshore Earnings are Flowing into Stock Buybacks, Not Jobs and Investments
A new study by the Federal Reserve found that the evidence so far suggests that the new repatriation tax break has resulted in a surge in stock buybacks and little discernable impact in investment by its biggest beneficiaries, just as critics predicted.
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blog August 1, 2018 The Preferential Tax Treatment of Capital Gains Income Should Be Curbed, Not Substantially Expanded
For true believers in supply-side economics, however, one major flaw of the TCJA is that it did not further cut taxes for the wealthy by reducing capital gains tax rates. But now the Trump Administration is considering using executive action to remedy this by indexing capital gains to inflation for tax purposes.
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blog July 17, 2018 How to Fix the Broken International Corporate Tax Code
How should lawmakers fix the system? A new ITEP report breaks down how the international corporate tax code under the TCJA works, and how lawmakers can fix it. The report lays out three key principles for reform: equalize the rates, eliminate inversions, and create transparency.
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report July 17, 2018 Understanding and Fixing the New International Corporate Tax System
The Tax Cuts and Jobs Act (TCJA) radically changed the international tax system. It slashed taxes on corporate income, both domestic and foreign. It encouraged U.S. multinational corporations to shift jobs, profits, and tangible property abroad, and keep intangibles home. This report describes the new international tax system—and its many gaps—and also provides a road map for how to fix these gaps and surveys recent legislative approaches.
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blog July 11, 2018 The Immediate Economic Impact of the Tax Cuts and Jobs Act Could be Even Less Than Expected
Now, new research from the Federal Reserve Bank of San Francisco finds that the Tax Cuts and Jobs Act may not be so much of a stimulus after all. In other words, lawmakers have left themselves with few options should the country face an economic recession, and the country may not receive a substantive economic benefit in the short term.
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blog June 6, 2018 New Legislation Would Close Significant Offshore Loopholes in the Tax Cuts and Jobs Act
One simple rule should drive the nation’s international tax policies: tax the offshore profits of American companies the same way their domestic profits are taxed. The latest legislation to approach that ideal is the Per-Country Minimum Act (H.R. 6015), from Rep. Peter DeFazio (D-OR). The DeFazio bill closes the loophole that allows corporations to use foreign tax credits to shelter profits in tax havens from U.S. taxes. No other bill addresses this.
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May 31, 2018 ITEP’s Senior Policy Analyst Richard Phillips Remarks at Facebook Shareholders Meeting in Favor of Tax Principles Resolution
Read the Remarks in PDF Listen to Webcast of Shareholders Meeting (Richard’s remarks begin at 21:20) My name is Richard Phillips and I am here to present Item 8 on… -
blog May 30, 2018 Facebook Facing Shareholder Scrutiny for Its Offshore Tax Avoidance
In advance of its annual shareholders meeting on May 31, Facebook was confronted with a shareholder resolution asking it to endorse a set of principles to guide its tax policy and to ensure that such principles consider the impact of its tax strategies on local economies and public services. The resolution is a signal from a group of concerned shareholders that Facebook’s tax avoidance hurts its reputation, the communities in which it operates, and creates financial risks to the company’s shareholders.
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blog May 24, 2018 New Legislation Would End Tax Incentives to Move Jobs and Profits Offshore
New legislation introduced today, the No Tax Breaks for Outsourcing Act, by Rep. Lloyd Doggett (D-TX) and Sen. Sheldon Whitehouse (D-RI) would help repair the damage to the international tax code wrought by the new Trump-GOP tax law and move toward a system where U.S. corporations can’t reap tax benefits from shifting jobs and profits offshore.
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blog May 4, 2018 Tax Wars: 3 Lessons about Tax Policy from the Star Wars Universe
Even in the universe of Jedi, Death Stars and Ewoks, tax policy plays a surprisingly important role in driving the events of the day. In celebration of Star Wars Day, we just wanted to share some of the little-known tax policy lessons from the Star Wars universe.
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blog April 16, 2018 Key Takeaways from John Oliver’s Segment on Corporate Tax Avoidance
The HBO television show Last Week Tonight with John Oliver has become known for its longer segments that examine important issues facing the country. In its latest segment on Sunday, the show took a deep dive into corporate taxes and how many companies manage to avoid paying their fair share. Between its hilarious interludes, the segment painted a striking portrait of problems in our corporate tax code and how the Tax Cuts and Jobs Act (TCJA) failed to address them.
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report April 11, 2018 Trump Tax Cuts Likely Make U.S. Corporate Tax Level Lowest Among Developed Countries
U.S. corporate tax collection was equal to 2.2 percent of the nation’s gross domestic product (GDP) in 2016, significantly less than the average 2.9 percent collected by the other 34 other OECD countries for which data were available.
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report April 11, 2018 The U.S. Is One of the Least Taxed Developed Countries
The most recent data from the Organization for Economic Cooperation and Development (OECD) show that the United States is one of the least taxed of the developed nations.
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blog March 15, 2018 The Public Interest Consensus Against the Tax Extenders
The Heritage Foundation, the Institute on Taxation and Economic Policy (ITEP), and the Committee for a Responsible Federal Budget (CRFB) routinely disagree on a wide range of policy issues, but a recent Ways and Means Tax Policy Subcommittee hearing revealed they all agree that the continual and unpaid-for extension of temporary tax breaks needs to end.
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report March 14, 2018 ITEP Testimony on “Post Tax Reform Evaluation of Recently Expired Tax Provisions”
Statement of Richard Phillips, Senior Policy Analyst
Institute on Taxation and Economic Policy
Before the Committee on Ways and Means Subcommittee on Tax Policy
Hearing on “Post Tax Reform Evaluation of Recently Expired Tax Provisions” -
blog February 9, 2018 How the Latest Budget Deals Expose the Failure of “Tax Reform”
If there was one thing that tax reform legislation was supposed to accomplish, it was to put an end to the scandalous semiannual ritual of extending and expanding the list of the temporary provisions in the tax code, known as tax extenders. During the passage of the last tax extenders bill at the end of December 2015, lawmakers on both sides of the aisle agreed that it was critical to have a tax code that provides “permanency and certainty” and to move forward with comprehensive tax reform that would decide the fate of the extenders once and for all. Unfortunately, the Tax Cuts and Jobs Act not only failed to eliminate the tax extenders, it significantly expanded the number of temporary provisions in the code.
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blog February 1, 2018 How the U.S. Became a Top Secrecy Jurisdiction
Sometimes, ranking near No. 1 in the world is not a badge of pride. According to the Financial Secrecy Index released by the Tax Justice Network (TJN), the United States is the second largest contributor to financial secrecy in the world, placing it in the company of infamous tax havens such as Switzerland (ranked No. 1) and the Cayman Islands (ranked No. 3). Financial secrecy is enabling people to hide income from the authorities to evade taxes or financial regulation, launder profits from crime, finance terrorism, or otherwise break the law.