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Video of GILTI (Global Intangible Low-taxed Income) U.S. Taxation in Tax Accounting course by Edspira channel, video No. 53 free certified online
To prevent U.S. firms from shifting profits overseas to avoid by giving intellectual property to foreign subsidiaries, the Tax Cuts and Jobs Act of 2017 created a tax on Global Intangible Low-taxed Income (GILTI).
GILTI is different from Subpart F and does not include Subpart F items. However, GILTI is similar to Subpart F in that the U.S. firm can be taxed on overseas profits even though those profits are not distributed to the U.S. firm.
GILTI is calculated as follows:
active income of controlled foreign corporation - (depreciable tangible property 10%) GILTI
In short, Congress assumed that foreign firms would earn a return of 10% on depreciable tangible property (e.g., buildings, equipment). Thus, any income over and above that amount is deemed to be GILTI.
Once you have calculated GILTI, a U.S. corporation would calculate the tax due as follows:
([GILTI - (50% of GILTI)] corporate income tax rate) - (80% of foreign taxes paid)
The U.S. corporate income tax rate as of 2020 is 21%. Thus, if the foreign company paid no foreign income taxes, the effective tax rate on the GILTI would be 10.5%.—
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