mdkruse2 said:
Also, I think the overhead issue applies to more business that have no or very little income in the US, but all of the engineering, sales, marketing, executives, etc. are stationed.
You won't find many companies like that, simply because of how voraciously Americans spend. Apple, for example, has most of its manufacturing facilities overseas, while its design, engineering, marketing, and management are here. However, what matters is that its sales are prodigious in the U.S. as well--more than enough to cover its U.S. operations.
You won't find too many people keeping engineering and management here for the purposes of manufacturing products in China or Thailand to sell in Japan and the EU. If a company is that global, the odds are that they're already doing business here, not just running their business from here while making their money elsewhere.
Plus, if they can move cash from banks overseas into the US, and use that money for R&D which is taxed at a minimal rate and exempt from many other taxes, it will also reduce their taxable income within the US and look better on income statements for investors when they show more reinvestment into their own company.
It shouldn't matter what purpose a company proposes to use repatriated earnings for; it's already been taxed in the country that had its act together enough to provide the environment that that money could be earned in.
Spending repatriated earnings on R&D would only allow one to avoid the double taxation of earnings if (a) the company had no other U.S.-based earnings that it could spend on research and deduct from its income already, and (b) if the deduction as it's currently written allows for deducting against repatriated income in the same manner as it does for ordinary income. On the latter point, I'm not a sophisticated enough tax practitioner to know the answer (and international tax in law school was a while ago now). I'm betting that the former situation doesn't happen all that often anyway, though. In particular, larger, healthier companies will simply do their research here using their American-earned money and take advantage of that tax deduction, without ever needing to think about bringing in money from foreign affiliates to conduct that research.
Also, I'm not sure if Obama's proposal proposes to eliminate that deduction. That may be one of the things on the chopping block in order to broaden the base.