House of Representatives
Mr. Speaker, I thank the gentleman from California for putting together a good bill that actually does just the opposite of what my friend from California just talked about. It helps American businesses be able to compete in the global…
Mr. Speaker, I thank the gentleman from California for putting together a good bill that actually does just the opposite of what my friend from California just talked about. It helps American businesses be able to compete in the global marketplace. That will create jobs in this country. And it enables our businesses to be able to compete in an increasingly competitive global marketplace. That is good for America.
I want to commend Chairman Thomas for crafting a bill that will create jobs here in America. I am particularly pleased that the American Jobs Creation Act includes important and long-needed reforms to the rules under which U.S. businesses are taxed on their global operations. Those reforms are one of the key reasons I support this legislation.
They are a long time in coming, and I want to particularly thank Mr. Houghton for his leadership and perseverance in this area. He has been a champion of tax simplification, and focused much of his attention on the complicated, archaic and outdated international tax rules. On a bipartisan basis, he initiated a comprehensive package of reforms that have been vetted and fine-tuned over a decade. I am pleased many of those provisions are in this bill. These are critical provisions that will determine whether or not our nation can compete in the global marketplace.
Some have tried to characterize the international tax reforms as provisions that would reward U.S. companies that move jobs offshore. The exact opposite is true. These reforms are critical to U.S. manufacturers that make products in the United States and sell those products in the global marketplace. To access global markets, U.S. exporters must compete directly with non-U.S. companies. The international tax reforms in the American Jobs Creation Act begin to level the playing field between U.S. companies and their foreign competitors. They are necessary to protect and grow U.S. manufacturing jobs in export industries. Ninety-six percent of the world's consumers are outside the United States. Without markets in which to sell their goods, U.S. companies cannot provide U.S. jobs to manufacture those goods. Companies with global operations provide over half of all U.S. manufacturing jobs. Suppliers who depend on those multinational companies to buy their products provide many more U.S. manufacturing jobs.
Mr. Speaker, I want to mention two specific reforms that are included in this bill. The first, dealing with interest allocation, would eliminate a fundamental distortion in the U.S. tax law that results in double taxation of U.S. taxpayers that have operations abroad. Currently, we tax corporations on their worldwide income, but allow a foreign tax credit against the U.S. tax on foreign-source income. The foreign tax credit limitation applies so that foreign tax credits may be used to offset only the U.S. tax on foreign-source income and not on U.S.-source income.
In order to determine the foreign tax credit that can be claimed, expenses must be allocated between U.S.-source income and foreign- source income. These allocation rules cause a disproportionate amount of U.S. interest expense to be allocated to foreign-source income-- which in turns reduces the foreign tax credit. This double taxation makes it more difficult for U.S. companies to compete in the global marketplace.
Perhaps the most outrageous aspect is the fact that this double taxation makes it more costly to build factories in the United States. Only our own U.S. companies are facing this distortion. Foreign corporations making an investment in the United States do not suffer double taxation. That is a perverse result. H.R. 4520 would correct this.
Another key international reform is the reduction in the number of foreign tax credit limitation baskets. It is a matter of simplification, fairness and U.S. jobs. The current basket structure is a major source of complexity and inefficiency in the U.S. international tax rules. It requires a U.S. company to divide its business income earned outside the U.S. into at least two, and perhaps many more, baskets. Thus, every company with global operations must characterize and allocate each dollar of its business income--on an item-by-item basis--to one of the nine baskets. The company must then associate every item of expense incurred everywhere in the world to one of the nine baskets. The company must then go through the same exercise for every dollar of tax paid to any foreign government. That does not make sense. No other country in the world requires anything approaching this level of complexity.
Reducing the number of foreign tax credit limitation baskets is also a matter of fairness. Some U.S. global companies do not face the complications caused by the separate baskets simply because they do not engage in any financial services businesses or because they engage in those businesses exclusively. U.S. companies that do both should not be disadvantaged. Finally, it's a matter of U.S. jobs. For many companies, creating one active business basket will rescue the U.S. tax on exports. The export of U.S. manufactured property typically gives rise to foreign-source income that is not highly taxed. If credits attributable to other types of business income can be used to reduce that tax burden further, those exports will be more competitive in the global marketplace. That means more jobs here.
Mr. Speaker, our international tax system needs to be changed to reflect today's economy. It's time to simplify these taxes to make U.S. companies more competitive and to create more jobs here in America.