Wednesday, January 2, 2019
Omri Y. Marian recently published an Article entitled, A Critique of BEAT Critiques, Tax Law: Tax Law & Policy eJournal (2018). Provided below is an abstract of the Article.
Of all the new base-broadening rules enacted in the Tax Cut and Jobs Act, none has been subject to more complaints than the BEAT. The essay argues, that while there is much to improve about the BEAT, a significant part of the criticism against it is unwarranted. Many of the critiques make use of unlikely hypothetical business structures to demonstrate supposed failures in the operation of the new law. Many of the hypotheticals used, however, are either irrelevant (as they assume business structures that no taxpayers would reasonably use) or extremely rare. In other instances the examples used are more realistic, but the complaints are made against the successful operation of the law as intended.