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36 Va. Tax Rev. 449 (2017)
Mandatory Passthrough Taxation for Non-Publicly Traded Businesses

handle is hein.journals/vrgtr36 and id is 467 raw text is: 









MANDATORY PASSTHROUGH TAXATION FOR
NON-PUBLICLY TRADED BUSINESSES?

    Anthony P. Polito*


                     TABLE OF CONTENTS

I.   INTRO DUCTION ................................................................................. 449

II.  EXPANDED   CHECK THE Box ............................................................ 452

III. IN SID E  SHELTER  ............................................................................... 456

IV. INADVERTENT TERMINATION OF STATUS ........................................ 464

V.   GOING  PRIVATE TRANSACTIONS  ..................................................... 466

IV.   CONCLUSION - A USEFUL REFORM PACKAGE .............................. 472


                         I. INTRODUCTION

    Should passthrough taxation be made mandatory for all businesses
whose equity is not publicly traded? In the current tax policy environment,
every business that is or becomes a non-publicly traded business has access
to passthrough taxation, but not without - in some cases - significant tax
costs. Employing a perspective that corporate tax integration is desirable
and should be encouraged, this article examines whether passthrough tax
treatment should be made mandatory for such companies. In the end, the
answer is no; it should not be made mandatory. However, the exercise of
answering the question highlights several incremental tax law reforms that
could be adopted to advance the project of corporate tax integration.


. Visiting Professor of Law, Boston College Law School (Spring 2017); Professor of Law,
Suffolk University Law School. S.B., Massachusetts Institute of Technology, 1986; J.D.,
Harvard University, 1989; LL.M., New York University, 1995.

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