Point 3 is problematic because it taxes companies based on what they used to be doing rather than on current behavior. Say you have two companies, A and B, that each have 100 offshore employees and are by all accounts identical, however company A is taxed more because it used to have US employees that it got rid of, while company B is taxed less because it hired offshore employees from the start. This type of fundamental inequity creates loopholes. For example, a company can reform to erase its tax-causing history, or split itself into multiple entities to contain its tax-causing history in a way that minimizes taxes. These are the same techniques that currently allow companies to avoid billions in taxes. We need tax laws that don’t result in highly different tax amounts based on how a company structures itself, and we can’t arrive there with tax laws that charge two companies that engage in the same activity different amounts of taxes.