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> This would change if the government stopped taxing retained earnings.

No it wouldn't, because

> the money is still at risk (from a shareholder’s point of view) if something bad happens to the company (lawsuit or market problem).



It would definitely change, because a shareholder could then take a loan against the non-taxed retained earnings they are owed. So then it comes down to whether the tax is higher or lower than the loan interest (adjust for the risk you mentioned).




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