<div> Congressional Budget Office      <div class="indented"><div class="indented">November 21, 2019</div></div>  Reconciling Data on Transition Tax Payments:An Examination of Tax, Economic, andFinancial Sources   National Tax Association<div class="indented"><div class="indented">112th Annual Conference on Taxation</div></div>    Molly Saunders-Scott, Tax Analysis Division Jennifer Shand, Tax Analysis Division   CBO What Is the Transition Tax?   The 2017 tax act (Public Law 115-97) changed the way that the foreign income of U.S. corporations was taxed. Before those changes, many types of foreign income were not taxed by the United States until the income was brought back, or repatriated, to the United States.  As part of the transition to the new system, a onetime tax was imposed on the existing unrepatriated foreign earnings of U.S. corporations. Corporations must pay the tax regardless of whether they actually repatriate the earnings to the United States.  The total liability is calculated based on two different applicable rates:<ul><li>Cashlike assets: 15.5 percent</li></ul> <ul><li>Noncash assets: 8 percent</li></ul>   CBO How Do Corporations Pay the Transition Tax?    Corporations may elect to pay the tax in installments over a period of eight years, with 60 percent of the total paid in the last three years.  The payment schedule for the installment plan is:   <div class="indented"><div class="indented">Payment Year</div></div>   Percentage of Total Liability  <div class="indented"><div class="indented">First through fifth</div></div> 8 percent each year  <div class="indented"><div class="indented">Sixth</div></div> 15 percent  <div class="indented"><div class="indented">Seventh</div></div> 20 percent  <div class="indented"><div class="indented">Eighth</div></div> 25 percent   Because different corporations have different fiscal years, only some companies made their first payment in federal fiscal year 2018. Other companies made their first payment in 2019.   CBO What Were Some Early Estimates of the Transition Tax?    In December 2017, the Joint Committee on Taxation (JCT) estimated that the net revenue effect of the transition tax would be $339 billion. That estimate includes the direct onetime tax liability on corporations as well as other effects of the provision. <a href="http://www.jct.gov/publications.html?func=startdown&amp;id=5053">www.jct.gov/publications.html?func=startdown&amp;id=5053</a>  In March 2018, the Bureau of Economic Analysis (BEA) estimated that the onetime tax liability would be $250 billion. That total was booked on an accrual basis to the fourth quarter of 2017 as a onetime capital transfer to the federal government. <a href="https://www.bea.gov/help/faq/1293">www.bea.gov/help/faq/1293</a>  In July 2018, CBO reported that the direct onetime tax liability to be paid over eight years by corporations would total $347 billion. That estimate is consistentwith JCT’s estimate from December 2017. <a href="https://www.cbo.gov/publication/54194">www.cbo.gov/publication/54194</a>   CBO How Does the Transition Tax Affect CBO’s Baseline Projections of Corporate Income Tax Revenues?  CBO’s baseline projections of corporate income tax revenues reflect direct gross payments ($347 billion) and a pattern of receipts through fiscal year 2027 that are consistent with JCT’s estimates. <ul><li>The projections incorporate the expectation that each installment would be divided 50/50 between federal fiscal years—that is, that companies that made initial payments in federal fiscal year 2018 represent 50 percent of total liability.</li></ul> <ul><li>The $347 billion excludes other effects of the transition tax, such as dividends and capital gains accruing to individual income tax revenues concentrated in federal fiscal years 2018 and 2019.</li></ul>   CBO What Might Prompt CBO to Update the Transition Tax Estimate in Those Projections? <ul><li>Updated information on total liability</li></ul> <ul><li>Information on how payments are divided among federal fiscal years</li></ul> <ul><li>Information on whether companies are using the installment plan</li></ul> <ul><li>Information on whether 2017 overpayments for regular income taxes accelerated the payment of liability</li></ul>   CBO Information on the Transition Tax: Tax Data   The Internal Revenue Service’s (IRS’s) Statistics of Income (SOI) corporate file for 2017 includes the transition tax liability for some corporations.  Corporations had to report accumulated foreign earnings on the tax return for the lasttaxable year that began before January 1, 2018. A company’s taxable year is generally determined by its fiscal year.  The 2017 SOI corporate file includes the liability for companies with fiscal years that end between December 31 and June 30. Those companies should also have paid their first installment (or total liability) with their 2017 return; those initial payments would have shown up as federal revenues in federal fiscal year 2018.  The 2018 SOI corporate file will include the liability for companies with fiscal years that endbetween July 1 and December 30 (and for some other filers whose foreign subsidiaries’ fiscal year started one month earlier than their own). For those companies, initial payments occurred in federal fiscal year 2019.   CBO Information on the Transition Tax: Financial Reports    The IRS’s 2017 SOI file contains data about the transition tax liability for some corporations but not all. Because some corporations do not yet appear in the SOI data, additional sources of data must be used.  Annual financial reports (10-Ks) are currently available for a more comprehensive set of corporations. <ul><li>Most publicly traded corporations reported their transition tax liability in their 2017 10-K, their 2018 10-K, or both.</li></ul> <ul><li>Some also provided information about whether they planned to pay the tax in installments and gave information about the size of those installments.</li></ul>   CBO Financial Reports: The Sample Analyzed    CBO used the Institute on Taxation and Economic Policy’s (ITEP’s) March 2017 listing of permanently reinvested earnings (PRE) for Fortune 400 companies to identify corporations that would be expected to have large transition tax liabilities.  High PRE are likely to be correlated with significant foreign earnings that are subject to the transition tax, though they are not a perfect measure.  ITEP reported that Fortune 400 companies had a total of $2.6 trillion in PRE.  CBO narrowed the list to companies with PRE of more than $20 billion and examined those companies’ 10-Ks.   CBO Financial Reports for Companies in the Sample:Total Liability  <table><tr><td> </td><td> </td><td> </td><td> </td><td colspan="3">Permanently</td><td colspan="3">Liability</td><td> </td></tr><tr><td> </td><td colspan="3">Number of</td><td colspan="3">Reinvested Earnings</td><td colspan="3">(Billions of</td><td>Share of Liability</td></tr><tr><td>SOI Year</td><td colspan="3">Companies</td><td colspan="3">(Billions of dollars)</td><td colspan="3">dollars)</td><td>(Percent)</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>2017</td><td colspan="2">25</td><td> </td><td colspan="3">1,165</td><td colspan="2">116.4</td><td> </td><td>61</td></tr><tr><td>2018</td><td colspan="2">7</td><td> </td><td colspan="3">634</td><td colspan="2">74.8</td><td> </td><td>39</td></tr><tr><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td><td> </td></tr><tr><td>Total for Sample</td><td colspan="2">32</td><td> </td><td colspan="3">1,800</td><td colspan="2">191.2</td><td> </td><td>n.a.</td></tr></table>      The 32 companies sampled hold 69 percent of the PRE in the Fortune 400 list.  If they accounted for the same share of total transition tax liability, that total would be $276 billion. (Results are similar when cutoffs other than $20 billion of PRE are used.)        n.a. = not applicable.  CBO Financial Reports for Companies in the Sample:Information on Timing of Payments  Of the 32 companies, 21 include a statement in their 10-K that indicates that they plan to pay the transition tax in installments. <ul><li>Many of the remaining 11 companies do not give any clear indication of the timing of payments.</li></ul> <ul><li>A few companies (which report small liabilities) indicate that they had enough credits or payments to offset the full transition tax liability in the first year.</li></ul>  Some companies list the installments of the transition tax as a contractual obligation. <ul><li>For some companies, the annual installments listed for years between 2018 and 2020 are less than 8 percent of their total liability.</li></ul> <ul><li>That may suggest that overpayments in the year in which the liability was reported have absorbed a portion of those later installments.</li></ul>   CBO What Tax Liability Is Suggested by the Evidence From Financial Reports?  Overall, the evidence from financial reports suggests that the total transition tax liability will be between $250 billion and $300 billion.  <ul><li>Why might total liability be higher? Some foreign earnings are held by companies outside the Fortune 400.</li></ul> <ul><li>Why might total liability be lower? There is some indication that the liability in the 2017 SOI file is lower than 10-K values for 2017 filers would suggest.</li></ul>   CBO What Timing of Payments Is Suggested by the Evidence From Financial Reports?  Company-level evidence on installments: <ul><li>There is evidence that some companies paid up front and that others had overpayments for 2017 applied to early installments.</li></ul> <ul><li>That could indicate that there were some collections in federal fiscal year 2018 that CBO would have expected to occur in 2019 (or later).</li></ul>  Division of installments between federal fiscal years: <ul><li>Variation in companies’ fiscal years means that they pay installments at different times.</li></ul> <ul><li>The financial reports suggest that, instead of each installment’s being divided 50/50 between federal fiscal years, the divide may be closer to 60/40—that is, that companies that made initial payments in federal fiscal year 2018 may represent closer to 60 percent of total liability.</li></ul> </div>

CBO Presentation Looks at Transition Tax Data

CBO Presentation Looks at Transition Tax Data

U.S. Congressional Budget Office

In a November 21 presentation prepared for a National Tax Association conference, the Congressional Budget Office reviewed the transition tax, as established under the Tax Cuts and Jobs Act, and data gleaned from the IRS Statistics of Income program and corporate financial reports.

In a November 21 presentation prepared for a National Tax Association conference, the Congressional Budget Office reviewed the transition tax, as established under the Tax Cuts and Jobs Act, and data gleaned from the IRS Statistics of Income program and corporate financial reports.