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U.S. Supreme Court to Hear Constitutional Challenge to Mandatory Repatriation Tax

27 June 2023

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United States

On 26 June 2023, the U.S. Supreme Court agreed to hear a case concerning the one-time mandatory repatriation tax that was introduced as part of the 2017 Tax Cut and Jobs Act. The repatriation tax required U.S. taxpayers that owned shares in foreign corporations to pay a one-time tax on their share of the corporation's earnings, even if those earnings were reinvested in the corporation and the taxpayers did not receive them. In Moore v. United States, a Washington state couple, Charles and Kathleen Moore, challenged the tax on constitutional grounds. In particular, they argued that under the 16th Amendment,...