
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: August 4, 2014

Of Counsel
732-568-8360 jmcdonough@sh-law.comCorporate inversions, in which a U.S.-based multinational acquires a smaller, foreign firm in order to re-domicile in a new, lower-tax country, have become a serious issue in American politics recently. Now, it appears that this issue may be a powerful motivator in the upcoming midterm House and Senate elections this November, according to The Wall Street Journal
A renewed push coming from the White House brought the issue even further into the public spotlight, alongside a coordinated drive from the Democratic party to effect legislation that will limit or halt the practice, the news source explained. Many Republicans agree that the issue should be addressed, but are halting bills that would curb the practice, hoping instead for a complete overhaul of the corporate income tax. These right-wing politicians note that the U.S. has the highest on-paper corporate income tax rate in the developed world. They say that they haven’t seen any proposals from the White House that would solve the problem.
Democrats have made a number of proposals that would alter the corporate tax code, including one that would change the requirement regarding the acquired company’s ownership share of the joint company that is created in an inversion, according to the Journal. Currently, the requirement is that the foreign company’s shareholders must be given at least a 20 percent share in the new company, meaning that it is frequently in the best interests of shareholders in the U.S. company to give up a portion of their shares in exchange for a significantly lower tax burden. A proposal from Sen. Carl Levin, D-Michigan, would raise this requirement to 50 percent.
“This is an issue that understandably gets people very angry,” Rep. Chris Van Hollen, D-Maryland, told the news source. “If Republicans are going to oppose our efforts in this area, they are going to have to explain why they are shielding American corporations that are deserting the U.S. in order to dodge their obligations to the country and American taxpayers.”
It seems that 2014 is the year of corporate tax inversions. Frank Brunetti and I have written about this topic at tremendous length due to all the new information brought to light about this subject. Find out more about the companies involved in corporate tax inversion and what Washington is doing about it here:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!