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1 Jared Walczak, Tax Trends at the Dawn of 2020 1 (2020)

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Tax Trends at the Dawn of 2020

Jared Walczak
Director of State Tax Policy


Key   Findings


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*  State tax changes are not made  in a vacuum. States often adopt policies after
   watching  peers address similar issues. Several notable trends in tax policy
   have  emerged  across states in recent years, and policymakers can benefit
   from  taking note of these developments.

*  The  enactment  of the federal Tax Cuts and Jobs Act (TCJA) in late 2017
   expanded   many  states' tax bases and drove deliberations on tax conformity.
   By the end  of 2019, all but four states with individual or corporate income
   taxes (or, in the case of Texas, a gross receipts tax that relies on federal
   definitions) updated their conformity date to reflect a post-TCJA version of
   the Internal Revenue Code.

*  Many   states incorporate the new federal tax on Global Intangible Low-Taxed
   Income  (GILTI) by default, which often positions them to meaningfully tax
   international income for the first time and, in many cases, raises serious
   constitutional questions. In 2018, few states had issued guidance on their
   approach  to GILTI, but by the end of 2019, 17 states taxed GILTI and had
   issued guidance to that effect, and another seven states and the District of
   Columbia  may  tax GILTI but have yet to offer guidance to taxpayers.

*  Five states cut corporate income taxes in 2019, and another two have
   reductions effective on, or which will be backdated to, January 1, 2020.

*  Six states cut individual income tax rates in 2019, three of them retroactive
   to 2018  and designed as a response to the base-broadening  provisions of the
   TCJA.

*  The  U.S. Supreme  Court's Wayfair v. South Dakota decision ushered in a new
   era of sales taxes on e-commerce  and other remote sales, with 43 of the 45
   states with state sales taxes implementing a remote seller regime by the end
   of 2019, though state legislation on marketplace facilitators remains a work in
   progress, with amendments   likely in many states.


202.464.6200
taxfoundation.org


FISCAL
FACT
No. 684
Jan. 2020

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