Does the Tax Cuts and Jobs Act (TCJA) actually provide an economic rationale for companies to move manufacturing facilities outside of the U.S.? A recent release from the Congressional Budget Office (CBO) expects that possibility to take effect due to the impact of tangible assets on the global intangible low-tax income (GILTI) tax and the foreign-derived intangible income (FDII) deduction. Companies considering this option must be cognizant of any taxes related to the transfer of assets, with specific focus on the fair market value of tangible assets that would be transferred.
The corporate tax shortfall could be aided by corporations making decisions to move tangible assets overseas to increase the foreign-derived intangible income (FDII) deduction and reduce the the amount of income subject to additional tax if it categorized it as global intangible low-tax income (GILTI), the report said. Those two provisions are intended to prevent multinational corporations from shifting intangible income to lower tax jurisdictions, but could have the effect of causing companies to move tangible assets, such as factories, overseas.