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Category: Tax & Finance

Congress Returns to Face a Full Plate

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Both chambers of Congress return to DC this week after their Thanksgiving recess last week and face a long “to-do” list.

The Senate is currently expected to bring up its version of a tax bill this week and there is still uncertainty about its fate.  President Trump and the Congressional Republicans have set out the December holiday period as their self-imposed deadline for signing into law tax reform legislation.  The House passed its version on a nearly partisan vote just before recessing for Thanksgiving, with 13 Republicans joining every Democrat in opposing the bill.

It still remains to be seen at this point whether there is enough Republican Senate support to get a bill passed.  No Democrats are currently expected to support the bill, and further complicating the process are the push to include a repeal of the Affordable Care Act individual health insurance mandate as well as the concerns of a handful of Senators about the impact of the bill on the federal debt.

Even though FY2018 started on October 1, none of the 12 individual funding bills have been signed into law and the government is currently operating under a temporary funding measure that expires at midnight, December 9.  Part of the delay in finalizing the final budget for FY2018 is due to the lack of an agreement on how much total funding is available for the year.  Negotiations are currently taking place between the senior leaders in both chambers and representatives from the Administration about the top line funding levels for the rest of this year and potentially for next year.  Another short-term temporary package to keep the government funded past the December 9 deadline will most likely be needed to buy more time for the negotiators.

At the same time, there are discussions underway, at least among Congressional Democrats, about trying to tie a legislative fix on DACA/Dreamers to the end-of-the-year funding package.  Several Democrats have been very vocal about their support for such a move.

Potentially complicating the “to-do” list further is the sexual harassment controversies that have surfaced recently in both chambers.

House Passes Tax Bill; Senate Action Awaits

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Earlier this afternoon, the House passed H.R. 1, the Tax Cuts and Jobs Act, by a vote of 227 to 205. A total of 13 Republicans joined every Democrat in opposing the bill.

Even as the House was considering its bill on the floor, the Senate Finance Committee has been debating its version of the measure since Monday.  Late on Tuesday, the committee leadership decided to add a provision that would repeal the individual insurance mandate currently in law as part of the Affordable Care Act.  Sen. Ron Johnson (R-WI) announced his opposition to the bill yesterday, making the Republican leadership’s current vote margin on the bill even smaller.

The goal of the proponents of this effort is to get a bill signed into law by the holidays.

Tax Cuts and Jobs Act

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The House Republican Leadership unveiled their much-awaited Tax Cuts and American Jobs act.

At first glance, the measure would:

  • cut the corporate tax rate to 20%;
  • reduce the seven individual tax brackets into four;
  • nearly double the standard deduction to $24K (married), $18,300 (head of household), and 12,200 (single);
  • increase the child care tax credit to $1,600 (from $1000);
  • change the mortgage interest deduction to apply to house loans up to $500,000 on new home purchases while existing homes would be grandfathered;
  • repeal the student-loan interest deduction;
  • private universities with assets exceeding $100,000 a student would pay a new 1.4% excise tax on their net investment income; and
  • businesses would no longer be able to deduct entertainment expenses, though today’s rules for business meals would remain.

The charitable deduction will not change, and the tax provisions related to 401(k)s are unchanged.

The bill text is here.

A section-by-section of the measure is here. 

Federal Relations is still going thought the measure and will continue to provide updates.

This Week: CHIP and Taxes

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The House and Senate are back this today for what will be the long slog until Thanksgiving. There’s a ton of to-do items on the agenda, including tax reform, raising the debt ceiling, FY 2018 appropriations, the annual National Defense Authorization Act (NDAA), and the list goes on. The focus for the House this week will be extending the Children’s Health Insurance Program (CHIP), while the Senate will continue on more judicial nominations. Both Houses will begin to turn efforts into tax reform.

The House is set to unveil their version of a tax reform bill on November 1 and a mark up in committee shortly thereafter.  Tentatively, this means, the House could consider the measure on the Floor during the week of the November 6. After passage, the measure would move to the Senate the week of November 13 for mark-ups in the Senate Finance and Energy and Natural Resources Committees and floor consideration during the week of the 20, which is Thanksgiving Recess. Per the agreed expedited process, the tax measure would be considered as a reconciliation bill, so it would only get 20 hours of debate and a vote-a-rama — it could be considered in three days.  While this schedule is incredibly ambitious, this framework is the working schedule as of now.

The House— one month after funding for the CHIP has lapsed — is gearing up for a vote on extending funding for the federal program, which insures nine million children in the US. Both parties have been negotiating for weeks. Earlier this month, the House Energy and Commerce Committee approved a measure to fund CHIP for five years with zero Democratic support. Democrats opposed cutting dollars from Obamacare’s public health fund to pay for the measure — so it wasn’t sent to the floor for a vote. However, the GOP is now moving forward as the clock keeps ticking: several states are slated to run out of CHIP money in the next few weeks.

Meanwhile, at the other end of Pennsylvania Avenue, ehe Administration is set to announce a new Federal Reserve Chair this week and keep up the drum beat on opioids, but the Mueller investigation might make that difficult.

Stay tuned.

House Agrees to Senate Budget and Tax Guidelines

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Today, the House adopted the Senate-passed FY2018 budget resolution, H. Con. Res. 71, that would lay down the foundation for tax cuts.  While a budget resolution is traditionally used to set up the broad parameters for spending for a given fiscal year, this year’s resolution is being used as a vehicle to set up procedures to move changes to the tax code. The measure passed by a vote of 216-212 and allows allows for fast-track consideration of tax overhaul legislation, without being subject to filibuster in the Senate.

Assuming that the budget resolution would pass, the House leadership announced earlier this week a draft tax measure would be unveiled next week pending the approval of the budget in the House. With passage, the House Ways & Means Committee, which has jurisdiction on all revenue raisers, is on track to release their tax bill as early as November 1.  What the House’s reformed package will contain is still a moving target. There have been many issues raised with proposed cuts and offsets to such a measure — the most recent issue is the State and Local Tax (SALT) deduction. Eliminating this deduction has been a big issue for Republicans in blue, high-tax states, such as New York and California, who want to preserve the deduction. Other recent issues include limiting the 401(k) pretax contributions, expanding the child care tax credit, and including Unrelated Business Income Tax (UBIT) as an offset for tax cuts.

Stay tuned.