Document Type
Article
Publication Date
9-22-2025
Abstract
This essay continues our series on corporate profit shifting by analyzing how states should respond to the federal One Big Beautiful Bill Act, which transformed GILTI into the new Net Controlled Foreign Corporation Tested Income (NCTI) regime. We argue that states should conform to this new federal provision as a reasonable and legally sound approach to combatting the persistent profit shifting that erodes state tax bases. The 60 percent inclusion rate for NCTI effectively serves as a practical, "rough justice" estimate of income that was economically generated domestically but improperly shifted offshore — an estimate supported by empirical research. We also explain why the elimination of the QBAI deduction does not weaken the case for conformity. For taxpayers who believe this 60 percent default rule is not apt for their specific circumstances, states already provide safety valves, such as alternative apportionment petitions or elective worldwide combined reporting. We conclude that conforming to NCTI is a practical and essential tool for states to protect their revenue, and is far superior to water's-edge approaches that effectively surrender to corporate tax avoidance.
Recommended Citation
David Gamage and Darien Shanske,
NCTI is the New GILTI, and States Should Still Conform, 117 Tax Notes State 799
(2025).
Available at: https://scholarship.law.missouri.edu/facpubs/1352