Browsing Harvard Law School by Author "Peroni, Robert J."

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    • Designing a 21st Century Corporate Tax — An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base 

      Shay, Stephen E.; Fleming, J. Clifton, Jr.; Peroni, Robert J. (Tax Analysts, 2015)
      The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This Article continues our exploration of second-best international tax reforms that would protect the U.S. corporate tax base ...

    • Designing a U.S. Exemption System For Foreign Income When the Treasury is Empty 

      Fleming, J. Clfton, Jr.; Peroni, Robert J.; Shay, Stephen E. (Tax Analysts, 2012)
      The U.S. government faces a well-documented long-term revenue shortage that is unlikely to be cured by government expenditure reductions. Thus, it is curious that there is currently considerable pressure for the United ...

    • Fairness in International Taxation: The Ability-to-Pay Case for Taxing Worldwide Income 

      Fleming, J. Clifton, Jr.; Peroni, Robert J.; Shay, Stephen E. (Tax Analysts, 2001)
      Although the ability-to-pay fairness principle is a foundational element of American income tax policy, it has played a surprisingly small role in evaluating the U.S. international income tax regime. Perhaps this is because ...

    • Formulary Apportionment in the U.S. International Income Tax System: Putting Lipstick on a Pig? 

      Fleming, J. Clifton, Jr.; Peroni, Robert J.; Shay, Stephen E. (2015)
      Perhaps surprisingly, this Article has shown that the debate over formulary apportionment is little more than an alternative path to the larger debate over worldwide taxation versus territorial taxation. The present U.S. ...

    • Getting From Here to There: The Transition Tax Issue 

      Fleming, J. Clifton Jr.; Peroni, Robert J.; Shay, Stephen E. (Tax Analysts, 2017)
      If there is fundamental U.S. international income tax reform, regardless of the reform option chosen, the United States must decide how to handle the $2.4 trillion to $2.6 trillion of previously untaxed foreign income ...

    • Getting Serious About Cross-Border Earnings Stripping: Establishing an Analytical Framework 

      Shay, Stephen E.; Fleming, Jr., J. Clifton; Peroni, Robert J. (North Carolina Law Review, 2015)
      The term “corporate inversion” is used to identify several transactional forms by which U.S. resident corporations are converted into foreign corporations or into U.S. subsidiaries of foreign corporations. These transactions ...

    • R&D Tax Incentives: Growth Panacea or Budget Trojan Horse? 

      Shay, Stephen E.; Fleming, J. Clifton; Peroni, Robert J. (New York University Law School, 2016)
      Research and development (R&D) activity has long held a privileged place in the U.S. income tax system and in policy debates. The premises for R&D tax incentives, however, are grounded in theory regarding a market failure ...

    • Territoriality in Search of Principles and Revenue: Camp and Enzi 

      Shay, Stephen E.; Fleming, J. Clifton, Jr.; Peroni, Robert J. (Tax Analysts and Advocates, 2013)
      This article reviews proposals by House Ways and Means Committee Chairman Camp and Senator Mike Enzi to shift the United States from its current system of deferring taxation of active foreign income to a system that would ...

    • Treasury’s Unfinished Work On Corporate Expatriations 

      Shay, Stephen E.; Fleming, J. Clifton, Jr.; Peroni, Robert J. (Tax Analysts, 2016)
      Continued tax-motivated inversions of U.S. corporations into foreign corporations highlight the systemic tax advantages that a foreign-owned U.S. corporation has over a U.S.-owned corporation in avoiding U.S. corporate tax ...

    • Two Cheers for the Foreign Tax Credit, Even in the BEPS Era 

      Fleming, Jr., J. Clifton; Peroni, Robert J.; Shay, Stephen E. (2016)
      Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons ...

    • Why R&D Should Be Allocated To Subpart F and GILTI 

      Shay, Stephen; Avi-Yonah, Reuven S.; Driessen, Patrick; Fleming Jr., J. Clifton; Peroni, Robert J. (Tax Analysts, 2020-06-23)
      In this article, the authors critically appraise the government’s proposal not to allocate research and development deductions to subpart F inclusions and global intangible low-taxed income for foreign tax credit limitation ...

    • Worse than Exemption 

      Shay, Stephen E.; Flemming Jr., J. Clifton; Peroni, Robert J. (Emory Law Journal, 2009)
      In this article, we discuss how various defects in the current U.S. international tax system - deferral, defective income-sourcing and cost allocation rules, lenient transfer-pricing rules, generous cross-crediting, the ...