This paper appraises the conflicting contentions found in the majority and dissenting opinions in Commonwealth Edison Co. et al. v. Montana et al. about the feasibility of basing findings of constitutionality under the Interstate Commerce Clause on the results of incidence analysis. Severance taxes, property taxes, corporate income taxes levied by both producing and consuming states, and gross receipts taxes levied by consuming states in conjunction with price controls are considered. Factors affecting tax exporting by producing states include the degree of geographic concentration of natural resources, cartelization by producing states, the mobility of various resources, international competition, natural substitutability, government regulations, the prevalence of long-term contracts, and transportation costs. The analysis of tax exporting is sufficiently complicated that attempting to base constitutionality on estimates of tax exporting is fraught with danger, especially in times of rapid economic and institutional change, in part because it is so difficult to know when the tax exporting question is being asked properly.

"Over the years Colombian tax officials have received the benefit of first-class advice of leading foreign scholars. In return, these scholars--and indeed everyone concerned with development policy--have gained a great deal both from the unusual willingness of Colombians to consider new ideas in detail and then, after full public discussion, drawing on the work of these experts to design a 'made-in-Colombia' solution. "[The book's] most important contribution, however, is undoubtedly with respect to consumption taxes. No one, anywhere, has thought through with such care just how the so-called 'simplified alternative tax' (essentially a direct personal consumption tax combined with a cash-flow corporate tax) might work in the real world. Since such taxes are increasingly being considered--if not adopted--all over the world, in developing and developed countries alike, for this reason alone this book should be high on the reading list of all those concerned with the design and implementation of efficient and equitable direct tax systems."--From the Foreword by Richard M. Bird

Proceedings of a conference on state corporate income taxes held at the Hoovers Institution, Stanford University, November 10-12, 1982.

The definition of a unitary business has figured prominently in several recent decisions of the U.S. Supreme Court on the constitutionality of state corporate income taxes. This paper employs economic analysis to frame a three part test of whether a unitary business exists. Underlying the tests is the notion that a unitary business exists when separate accounting can not satisfactorily isolate the profits of individual firms. The first test is common control. The second is whether transfer prices on transactions within the group could be manipulated or are diificult to verify or substantial vertical integration, shared costs, economies of scale or scope, or other forms of economic interdependence make isolation of profits of affiliated firms impossible. The third test is one of substantiality.

Updated discussion on the value-added tax system with reference to the business transfer tax from theoretical point of view considered.

Compilation of papers and writings on unitary taxation and other issues in the state taxation of multijurisdictional corporations.

There has been a pronounced change in the formulas states use to apportion the income of multistate corporations from one that placed equal weight on payroll, profits, and sales to one that places at least half the weight on sales, and eight base apportionment solely on sales. This paper, which is intended to stimulate further analysis and debate, rather than provide a definitive conclusion, suggests that sales-only apportionment may violate the provisions of the General Agreement on Tariffs and Trade (the GATT) that prohibits export subsidies.