Consolidated Tax Returns and GoSystems Tax Software
Consolidated Tax Returns
The consolidated tax return, in simple terms, is "a method by which to determine the tax liability of a group of affiliated corporations" (Pratt and Kulsrud 8-2). It is based on the assumption that the business operations of affiliated companies represent a single entity and that, hence, the group's aggregate income ought to be taxed, as opposed to the separate incomes of the member corporations. It would be prudent to mention, however, that the return does not simply report the sum of the taxable incomes of all member corporations as one large, conglomerate entity; rather, it follows a set of special Treasury regulations in determining how to make adjustments for intercompany bargains, and establishing which items to state on a consolidated basis (Pratt and Kulsrud 8-2).
The History of Consolidated Tax Returns
The consolidated tax return traces its origin to the early regulations that governed the taxation of excess economic profits during the First World War (Pratt and Kulsrud 8-2). Under these regulations, the Internal Revenue Service (IRS) reserved the authority to limit tax avoidance by shifting the 'excess profits' of one corporation to another corporation. By 1917, the IRS was using this authority to curtail the benefits of affiliated corporations by requiring them to file consolidated tax returns. A year later, Congress codified the authority of the IRS and made it mandatory for affiliated corporations to file consolidated returns for income tax as well as excess profits tax purposes.
The excess profits tax, however, lost its relevance soon after and was repealed (Pratt and Kulsrud 8-2). A provision permitting the IRS to reallocate credits, expenses, or income among affiliated corporations was enacted as a way of ensuring that corporate income was clearly reflected. These two actions, however, slashed the opportunity for income-distortion, and ruled mandatory return-filing almost irrelevant (Pratt and Kulsrud 8-2). As a consequence, filing was made optional, and remained so until the whole system was abolished in 1934 because of its role in aggravating the effects of the Great Depression of the 1930s (Pratt and Kulsrud 8-2). It, however, reappeared just before the beginning of the Second World War - still optional, but with higher filing costs and a penalty on taxable income (Pratt and Kulsrud 8-2). Most corporations opted to file their returns separately so as to reap the gains of multiple corporations. These gains were, however, curtailed severely by the passage of the Tax Reform Act in 1969; and since then, there has been a growing interest in the issue of consolidated tax returns (Pratt and Kulsrud 8-2).
Advantages and Disadvantages of Filing Consolidated Tax Returns
Advantages
First, consolidated returns make it possible for groups to offset the tax liability and income of members using credits and unused losses of other members of the group in the current financial period (Pratt and Kulsrud 8-5; Warner 2). This way, the conglomerate is able to reap tax benefits immediately, hence avoiding the need to wait for recovery carryovers (Pratt and Kulsrud 8-2). Moreover, excess credit or losses can be carried forward to subsequent periods.
Another key advantage of filing consolidated tax returns is the ability to defer intercompany gains until later periods (Pratt and Kulsrud 8-5; Warner 2). Such deferrals make it possible for the group to enjoy the benefits of postponing the recapture of such items as investment tax credit and depreciation (Pratt and Kulsrud 8-5).
A third advantage of filing consolidated returns is that it exempts from tax and income any intercompany distributions between members, including dividends (Pratt and Kulsrud 8-5). Other benefits include the ability of individual members subject to percentage limitations on credits and deductions to avoid such limitations, which are usually taken care of on an aggregate/consolidated basis; and the fact that the basis of the subsidiary's stock is increased by accumulated income during the filing years, such that if it (the subsidiary) is ever dispossessed by the parent company, it would benefit through either an increase in resultant gains, or a decrease in losses (Pratt and Kulsrud 8-5)
Disadvantages
Consolidated tax returns impose an additional financial burden as they require a group to comply with all the relevant consolidated returns regulations (Pratt and Kulsrud 8-5). Secondly, the election to file is binding and can only be terminated under the authorization of the IRS, or through the disbandment of the group (Pratt and Kulsrud 8-5). Another fundamental disadvantage is that the tax credits of the more profitable affiliates could be severely limited by the continued capital losses of a consistently poorly-performing affiliate. Additionally, the law requires subsidiaries to change their tax years to be concurrent with those of their...
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