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Letter to the Editor

Published online by Cambridge University Press:  01 January 2021

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Abstract

Type
Letters to the Editor
Copyright
Copyright © American Society of Law, Medicine and Ethics 2018

To the Editor:

I would like to submit revised text and a Table to the article entitled “The Tax Cuts and Jobs Act of 2017 and the Pharmaceutical Industry” (46, no. 3 (2018):806-808). Due to a technical error in the financial inputs into my calculations, the results should be adjusted as follows: the top eight manufacturers earned a median of $28.0 billion in gross revenue in 2016 (interquartile range [IQR] $22.5–$43.1 billion) (Table 1). Median income before taxes was $8.1 billion (IQR $5.6–$11.1 billion), and a flat corporate tax on this amount at the statutory rate of 35% would have resulted in a median payment of $2.8 billion per manufacturer (IQR $2.0 – $3.9 billion). By comparison, the median reported effective tax rate in 2016 was 17.7% (IQR 15.6–21.8%), resulting in a median of $1.4 billion in taxes paid (IQR $1.0–$2.3 billion). Starting with a new statutory rate of 21% under the Act, the median effective tax rate for 2016 would have dropped to 10.6% (IQR 9.4–13.1%) based on 2016 tax deductions per company—an estimated median tax obligation of $855 million (IQR $0.6–$1.4 billion). The model therefore arrives at a median tax savings of $570 million per company as a result of the Tax Cuts and Jobs Act. Of note, the effective tax rate includes only taxes on domestic revenue; manufacturers already obtain significant deductions on their US tax bill due to taxes paid to foreign governments;1 a 2017 report found that these eight manufacturers held approximately 90% of all 2016 and 2017 cash holdings abroad.2

Table 1. Gross Revenues with Estimated and Reported Tax Burdens of Large Pharmaceutical Manufacturers

* All values in $ millions

References

U.S. Government Accountability Office, Corporate Income Tax — Most Large Profitable U.S. Corporations Paid Tax but Effective Tax Rates Differed Significantly from the Statutory Rate, GAO-16-363 (2016), available at <http://www.gao.gov/assets/680/675844.pdf> (last accessed April 19, 2018).+(last+accessed+April+19,+2018).>Google Scholar
Credit Suisse, US Biopharma Tax Analysis (2017), available at <https://plus.credit-suisse.com/r/V7afe22AF-WEr8Cu> (last accessed April 19, 2018).+(last+accessed+April+19,+2018).>Google Scholar
Figure 0

Table 1. Gross Revenues with Estimated and Reported Tax Burdens of Large Pharmaceutical Manufacturers