Description of Proposals Relating to Research And Development Incentive Act of 1987 (S. 58) And Allocation of R&d Expenses to U.S. And Foreign Income (S. 716) : Scheduled for a Hearing Before the Subcommittee On Taxation And Debt Management of the Senate

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Description of Proposals Relating to Research And Development Incentive Act of 1987 (S. 58) And Allocation of R&d Expenses to U.S. And Foreign Income (S. 716) : Scheduled for a Hearing Before the Subcommittee On Taxation And Debt Management of the Senate
United States. Congress. Joint Committee On Taxation
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•^ U.S. tax on worldwide income (before the foreign tax credit) equals income afteij R&D times the post-June 1987 U.S. corporate tax rate (34 percent).
Table 2 illustrates the case where the taxpayer operates in a low- tax country and does not have excess foreign tax credits. The for-i eign country imposes tax at a 25-percent rate with no deduction foi U.S.-performed R&D expense. The foreign taxable income is $1,00( (not reduced by R&D expense), and the foreign tax is $250. In this situation, t
...he taxpayer would pay $294 of U.S. tax (after credit under all four methods of apportionment. The total tax liability o: $544 ($250 plus $294) is identical to the tax which would be owed i: the taxpayer moved his foreign operations to the United States Thus, the U.S. R&D apportionment rules are a matter of indiffer ence for taxpayers who have no excess credits.
Table 2.— Tax Liability Under 1.861-8 Regulation and Moratorium U.S. Taxpayer Without Excess Foreign Tax Credits [25% foreign tax rate without a deduction for U.S.


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