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It's not about effective tax rate, it's about marginal rate.

If they bring back that much money as dividends, there's no way they're not in the 35% bracket. If they have avoided taxes overseas (as is the implication) they have no foreign tax credits to offset the 35% tax in the US.

Just because their ETR (worldwide) is lower than 35% it doesn't mean that bringing the money back wouldn't result in a 35% rate (and it's probably closer to 41% since it would be taxed by CA as well).


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