Evaluating TCJA’s Impact on Corporate Taxation Before 2025 Expiry

April 3, 2024

Exploring the Future of Corporate Taxation Post-TCJA

The corporate landscape has been significantly shaped by the Tax Cuts and Jobs Act (TCJA) since its inception in 2017, with the spotlight on corporate taxation. As the pivotal year 2025 approaches, when the majority of TCJA provisions are set to expire, the conversation around the future of these fiscal policies intensifies. The recent summit by the Committee for a Responsible Federal Budget (CRFB) showcased a variety of plans, ranging from Democratic to Republican and centrist, each offering a vision for the post-TCJA era.

At the heart of the TCJA was the reduction of the corporate tax rate from 35 percent to 21 percent, a move that fundamentally altered the taxation of C corporations, including multinationals. This shift to a territorial system of taxation, coupled with measures like GILTI and FDII, aimed to retain corporate headquarters and intellectual capital within U.S. borders. The results have been telling, with a halt in the exodus of U.S. firms establishing headquarters abroad and a reported 20 percent increase in investment following the TCJA’s implementation.

The TCJA also encouraged investment by allowing full expensing for a significant portion of investment and research and development costs, while curbing interest deductibility to level the playing field between debt and equity finance. These changes sought to eliminate tax-based distortions affecting corporate decisions on location, investment, and financing.

As for the proposed plans post-TCJA, there’s a divergence in the recommended corporate tax rate: Democrats suggest a hike to 28 percent, Republicans favor maintaining the current 21 percent, and the centrist CRFB plan proposes a middle ground of 25 percent. Despite these differences, there’s consensus on making permanent the expensing of R&D costs. The Democratic plan stands alone in its reluctance to make investment expensing permanent.

The debate on these fiscal decisions is crucial as it will shape not only corporate behavior but also the broader economic landscape. The suggestion to retain the 21 percent corporate tax rate while potentially broadening the tax base through measures like further limiting interest deductibility could strike a balance between fostering corporate growth and meeting revenue needs. As discussions continue, stakeholders are keenly observing how these fiscal decisions will unfold, shaping the trajectory of corporate taxation in America.

corporate tax rate
The current corporate tax rate under the Tax Cuts and Jobs Act (TCJA) is a flat 21%, significantly reduced from the previous 35%.

Can the TCJA maintain the corporate tax rate at 21% post-2025?

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