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Irwin, Richard F., International Telephone & Telegraph Corp., and Electronic
Industries Association ......

274

Kahne, Stephen, American Society for Engineering Education.
Knestrick, Martin, Commtech International..

739

499

Kraut, Alan G., American Psychological Association, Association for the Advancement of Psychology, and Federation of Behavioral, Psychological, and Cognitive Sciences...

765

Krowe, Allen J., International Business Machines Corp

Lear Siegler, Inc., Thomas Perfitt and Richard F. Vander Veen..

422

329

M/A-COM, Inc., Joseph A. Saloom

Mahapatra, S., California State University, Long Beach.

448

524

Massachusetts, Commonwealth of:

Evelyn F. Murphy, on behalf of Hon. Michael S. Dukakis, Governor
Hon. Philip L. Shea, State senator

383

386

McCarthy, C. Kim, National Machine Tool Builders' Association
McCloskey, Peter F., Electronic Industries Association
McGraw-Hill Economics, David J. Braverman...

213

274

191

Miller, Michael I., Gould Inc.

691

Mineta, Hon. Norman Y., a Representative in Congress from the State of
California...

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Murphy, Evelyn F., on behalf of Hon. Michael S. Dukakis, Governor of the
Commonwealth of Massachusetts..

383

Mussman, Harry C., National Food Processors Association.

324

National Association of Manufacturers, Robert A. Ragland.

238

National Association of State Universities and Land-Grant Colleges, Steven C.
Beering, M.D.......

731

National Coalition for Science & Technology, Marc H. Rosenberg.
National Food Processors Association, Harry C. Mussman.....

709

324

National Machine Tool Builders' Association, W. Paul Cooper and C. Kim
McCarthy

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Ragland, Robert A., National Association of Manufacturers.
Rashkin, Michael D., Apple Computer, Inc

238

224

Rosenberg, Marc H., National Coalition for Science & Technology.

709

Ross, Ian M., AT&T Bell Laboratories, and American Telephone & Telegraph
Co.

429

Saloom, Joseph A., M/A-COM, Inc., and American Electronics Association Schick, C. William, United Technologies Corp., and Chamber of Commerce of the United States.

448

390

Schoenberg, Lawrence J., AGS Computers, Inc., and Association of Data Processing Service Organizations, Inc.....

504

Scientific Apparatus Makers Association, James A. Taylor.
Semiconductor Industry Association, John T. Hickey.
Semiconductor Research Corp., Larry A. Sumney

435

558

741

Shannon, Hon. James M., a Representative in Congress from the State of
Massachusetts....

231

Shea, Hon. Philip L., State Senator, Commonwealth of Massachusetts
Sumney, Larry A., Semiconductor Research Corp

386

741

Taylor, James A., Varian Associates, Inc., and Scientific Apparatus Makers
Association......

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Young, John A., Hewlett-Packard Co., and Computer & Business Equipment
Manufacturers Association........

402

Zschau, Hon. Ed, a Representative in Congress from the State of California.

355

SUBMISSIONS FOR THE RECORD

Aerospace Industries Association of America, Inc., statement
Aluminum Company of America, Albert E. Germain, letter
American Chemical Society, Warren D. Niederhauser, letter.

772

777

777

Page

Association of Independent Research Institutes, Federico Welsch, letter and pamphlet....

778

Atkins, Hon. Chet, State Senator, Commonwealth of Massachusetts, statement......

819

Automated Financial Systems, Inc., James E. Greenwood, letter..

790

Beck, David P., Public Health Research Institute of the City of New York,
Inc., letter

827

Boris, Michael J., Medtronic, Inc., letter and attachment.

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Coriell, Lewis L., Institute for Medical Research, letter

799

Engman, Lewis A., Pharmaceutical Manufacturers Association, letter

826

Fink, George B., Computer Financial Corp., letter
Foxboro Co., Charles A. McKay, letter.

791

793

Germain, Albert E., Aluminum Company of America, letter

777

Global Competitiveness Council, Bruce Rubinger, letter and attachment
Greenwood, James E., Automated Financial Systems, Inc., letter.

955

790

Inman, Adm. B.R., Microelectronics & Computer Technology Corp., statement.
Institute for Medical Research, Lewis L. Coriell, letter.

824

799

International Union, United Automobile, Aerospace & Agricultural Imple

ment Workers of America-UAW, Dick Warden, letter.

799

Jefferson, E.G., Business Roundtable, letter......

790

Lytle, Michael A., Texas A&M University System, statement.

834

McKay, Charles A., Foxboro Co., letter..

793

Machinery & Allied Products Institute, statement.

801

Mansfield, Edwin, University of Pennsylvania, statement..

955

Massachusetts Technology Park Corp., statement.

821

Medtronic, Inc., Michael J. Boris, letter and attachment..

822

Microelectronics & Computer Technology Corp., Adm. B.R. Inman, statement..

824

Niederhauser, Warren D., American Chemical Society, letter.....

777

Otto Engineering, Inc., J.O. Roeser, letter.

826

Pharmaceutical Manufacturers Association, Lewis A. Engman, letter

826

Public Health Research Institute of the City of New York, Inc., David P.
Beck, letter.

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Rubinger, Bruce, Global Competitiveness Council, letter and attachment

955

Scott, John S., Richardson-Vicks, Inc., letter

827

Shepherd, Mark, Jr., Texas Instruments Inc., statement

837

Texas A&M University System, Michael A. Lytle, statement.

834

Texas Instruments Inc., Mark Shepherd, Jr., statement.

837

Warden, Dick, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America-UAW, letter.

799

Welsch, Federico, Association of Independent Research Institutes, letter and pamphlet

778

Whirlpool Corp., letter and statement.

839

APPENDIX

"Canadian R&D Incentives: Their Adequacy and Impact", by Donald G. McFetridge and Jacek P. Warda.....

849

RESEARCH AND EXPERIMENTATION TAX

CREDIT

THURSDAY, AUGUST 2, 1984

HOUSE OF REPRESENTATIVES,

COMMITTEE ON WAYS AND MEANS,
SUBCOMMITTEE ON OVERSIGHT,

Washington, DC.

The subcommittee met at 10:10 a.m., pursuant to notice, in room B-318, Rayburn House Office Building, Hon. Charles B. Rangel (chairman of the subcommittee) presiding.

[Press releases announcing the hearings follow:]

[For immediate release, Tuesday, Sept. 20, 1983]

HON. CHARLES B. RANGEL (D., N.Y), CHAIRMAN, SUBCOMMITTEE ON OVERSIGHT, COMMITTEE ON WAYS AND MEANS, U.S. HOUSE OF REPRESENTATIVES, ANNOUNCES HEARINGS TO BE SCHEDULED ON RESEARCH AND EXPERIMENTATION EXPENDITURE TAX ISSUES

Congressman Charles B. Rangel (D., N.Y), Chairman of the Oversight Subcommittee of the Committee on Ways and Means announced today that hearings will be held to examine the two provisions contained in the Economic Recovery Tax Act of 1981 (ERTA) which relate to the tax treatment of research expenditures. Specifically, the Subcommittee will review the provisions which (1) provide that all research and experimental expenditures for research activities conducted in the United States be allocated or apportioned to sources within the United States, and (2) provide for a 25-percent tax credit for certain incremental research expenditures. The research source allocation rule applies only to expenditures paid or incurred during the taxpayer's first two taxable years beginning after August 13, 1981. The 25-percent tax credit applies to expenditures made after June, 1981, and before 1986. The Subcommittee's hearings are being conducted at the request of Committee on Ways and Means Chairman Rostenkowski and as part of the Oversight Subcommittee's continuing review of current Internal Revenue Code provisions.

The Subcommittee plans to conduct two separate hearing sessions. The first hearing will address the two-year research source allocation rule and will be scheduled in October. The second hearing concerning the 25-percent tax credit will be held at a later time. Details concerning the time, place and location of each hearing will be announced in subsequent press releases. A brief discussion of the scope of the Subcommittee's hearings follows:

RULE FOR ALLOCATING RESEARCH AND EXPERIMENTAL EXPENDITURES TO U.S. SOURCE

INCOME

Section 223 of the Economic Recovery Tax Act of 1981 (ERTA) provides a two-year rule that allocates all research and experimental expenditures which are paid or incurred for research activities conducted in the United States to U.S. sources, for all purposes under the Internal Revenue Code (I.R.C.). This rule is effective for the taxpayer's first two taxable years beginning after the date of enactment, August 13, 1981, and has the effect of placing a temporary moratorium on the relevant portions of Treasury Regulation 1.861-8.

In addition, ERTA directs the Department of the Treasury (Treasury) to conduct a study of the impact that the research expenditure allocation provisions of Treasury Regulation 1.861-8 have on both research activities conducted in the United States

(1)

and on the availability of the foreign tax credit. (Treasury released their study in June 1983 and recommended a two-year extension of the present moratorium.)

The allocation of research and experimental expenditures is important for purposes of calculating the foreign tax credit. Under I.R.C. Sections 861-3, a taxpayer is required to allocate or apportion expenses between foreign source income and U.S. source income. Treasury Regulation 1.861-8 sets forth the rules for allocating or apportioning these expenses. However, the temporary ERTA provision replaces the Treasury allocation rules and allocates all research and experimental expenditures for research activities conducted in the United States to U.S. source income (rather than between United States and foreign source income). This rule has the effect of increasing a taxpayer's foreign tax credit limit and, for many firms, the amount of the taxpayer's tax credit.

The foreign tax credit is structured to provide a taxpayer with a credit for foreign income taxes imposed on foreign income against U.S. taxes. The foreign tax credit amount is basically the lesser of the foreign tax credit limit or the amount of foreign tax paid. Taxpayers desire to increase the foreign tax credit limit amount, at least to an amount equal to the amount of the foreign tax paid, or they may find themselves in a "credit loss" situation. Allocating research and experimental expenditures as deductions against U.S. source income, rather than as deductions to reduce foreign source income, will result in an unreduced taxable foreign source income amount and therefore, a relatively higher foreign tax credit limit. Further, in some instances, a foreign country does not allow deductions against the foreign tax paid for research and experimental expenditures conducted in the United States. In such a case, expenditures allocated to foreign source income as deductions by the United States are not available to the firms to reduce the amount of foreign tax paid and further the foreign country may tax U.S. source income.

The rule in ERTA allocating all research and experimental expenditures to U.S. source income was enacted by the Congress to encourage firms to locate (or retain) their research and development activities in the United States. Firms with overseas manufacturing operations argued that Treasury's allocation rules caused firms to shift research and experimental activities to foreign countries in order to obtain a deduction in that country and thus obtain a full credit for taxes paid on the income earned in that country.

The Subcommittee hearing will (1) focus on the findings and recommendations contained in the June 1983 Treasury Report, "The Impact of the Section 861-8 Regulation on U.S. Research and Development," and other related analyses, (2) consider the policy implications of not requiring expenses to be allocated between foreign source income (including the incentive under present law to make tax free transfers of technology for use in manufacturing operations abroad), and (3) examine the research activities and location response of taxpayers who have received tax benefits under the temporary ERTA allocation rule.

TWENTY-FIVE PERCENT CREDIT FOR INCREMENTAL RESEARCH AND EXPERIMENTAL

EXPENDITURES

Section 221 of the Economic Recovery Tax Act of 1981 provides for a 25 percent tax credit for certain qualified research expenditures paid or incurred by a taxpayer in carrying on a trade or business. Qualified research expenditures generally consist of "in house" expenditures by the taxpayer for research wages and supplies used in research, plus certain amounts paid for research use of laboratory equipment, computers, or other personal property, and 65 percent of certain amounts paid for contract research and basic research grants to universities and scientific research organizations. The credit applies to expenditures made after June 30, 1981, and before 1986, and is applicable to incremental expenditures above a base period amount according to the average of certain previous year expenditures.

The legislative history of the credit indicates that the 1986 sunset date was intended to give the Congress an opportunity to evaluate its operation and efficacy. Accordingly, the Subcommittee on Oversight will receive testimony on the following issues:

(1) whether the tax credit provisions should be allowed to sunset, should be extended, or should be made permanent; (2) whether the credit operates to stimulate additional research expenditures, or simply rewards increased research expenditures which would have been made in the absence of a credit, (3) a review of the types of research expenditures and industry activities that have generated use of the tax credit; (4) whether the categories of qualifying research expenditures should be broadened or narrowed; (5) whether taxpayers and the Internal Revenue Service have been able to accurately distinguish qualifying research expenditures from non

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