> There's no longer a tax on repatriated earnings (they're exempted from corporate income)
Yes and no. What you're saying is partially correct. For pre-TCJA deferred foreign income there was tax holiday (ie a one-time low rate), just as there was in 2004. This tax could be paid over 8 years as well (eg Apple is doing this).
For future income, repatriation is technically exempted from income but there is a minimum tax on income in tax havens that probably incentivizes companies in future to shift profits overseas. The more money you do this with the lower the effective tax rate you pay, as I understand it.
So, you will still have an incentive against repatriation because it reduces the effectiveness of your overall profit shifting.
So borrowing in the US to avoid repatriation is still relevant but less so thanks to both the lower corporate tax rate of 21%, the tax-hoiday rate still being higher than the cost of borrowing and repatriation still increasing overall tax rate. This is less relevant currently with higher interest rates, of course.
> ... if you can pay the taxes on the proverbial family farm over 10-30 years or when the property is sold, that might be more palletable
I'm all for carving out palatable exceptions such as deferring tax liabiilities for seniors, not hitting heirs with an immediate tax bill and effectively amortizing tax liabilities over many years in the case of farms. Fine.
What I am against is giving massive tax breaks to the likes of Disney and truly wealthy California landholders because of seniors or family farms. You can separate these issues.
> ... capital losses refundable or at least add carry-back
Capital losses (both long and short term) can already be carried forward. What you're suggesting by a carry-back I assume means to apply a loss against a paper profit in a previous year. Fine with me.
> ... people who were invested into a crash are going to be pretty grumpy
We've already had this kind of problem with the AMT. I honestly don't know the current state of the AMT but in previous years (eg during the dot-com bust) we had paper who through exercising options and paying a lot of tax because of AMT then having no way to resolve that when the stock crashed. I'm fine with making sure this doesn't happen either.
> Paying taxes on unrealized gains as of Dec 31 in April when the market is in the toliet isn't palatable either.
I get this. We have numerous examples of deferring tax liabilities (eg until death, due to hardship) so this seems like an eminently solvable problem.