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Tax Provisions in the FY 2018 Administation’s Budget Proposal

In an effort to set the agenda for tax reform later in the 115th Congress, the New Foundation for American Greatness Budget for FY 2018 does contain a number of tax provisions in various sections. The White House Budget provides few specific details about the Administration’s plans for tax reform, noting that details “will be released at a later date.” No Green Book has been issued.

Core principles:

  • Lower individual income tax rates
  • End the Alternative Minimum Tax
  • Expand the standard deduction
  • Protect charitable giving

 

Specific provisions within the FY 2018 Budget include:

  • Exclusion of scholarship and fellowship income — Scholarships and fellowships are excluded from taxable income to the extent they pay for tuition and course-related expenses of the grantee. Similarly, tuition reductions for employees of educational institutions and their families are not included in taxable income.
  • Tax credits and deductions for post-secondary education expenses — The budget would not allow credits for particular activities, investments, or industries.
  • Deductibility of student loan interest — The budget accepts current law’s general rule limiting taxpayers’ ability to deduct non-business interest expenses.
  • Qualified tuition programs — The budget generally would tax all income under the regular tax rate schedule. It would not allow preferentially low (or zero) tax rates to apply to certain types or sources of income.
  • Exclusion of interest on student-loan bonds —The budget generally would tax all income under the regular tax rate schedule. It would not allow preferentially low (or zero) tax rates to apply to certain types or sources of income.
  • Exclusion of interest on savings bonds redeemed to finance educational expenses —The baseline tax system generally would tax all income under the regular tax rate schedule. It would not allow preferentially low (or zero) tax rates to apply to certain types or sources of income.
  • Discharge of student loan indebtedness — Under the baseline tax system, all compensation, including dedicated payments and in-kind benefits, would be included in taxable income.
  • Education Individual Retirement Accounts (IRA) —The baseline tax system generally would tax all income under the regular tax rate schedule. It would not allow preferentially low (or zero) tax rates to apply to certain types or sources of income.
  • Parental personal exemption for students age 19 or over —Under the baseline tax system, a personal exemption would be allowed for the taxpayer, as well as for the taxpayer’s spouse and dependents who do not claim a personal exemption on their own tax returns. To be considered a dependent, a child would have to be under age 19.
  • Exclusion of employer-provided educational assistance —Under the baseline tax system, all compensation, including dedicated payments and in-kind benefits, would be included in taxable income because they represent accretions to wealth that do not materially differ from cash wages.
  • Exclusion of interest on bonds for private nonprofit educational facilities —The baseline tax system generally would tax all income under the regular tax rate schedule. It would not allow preferentially low (or zero) tax rates to apply to certain types or sources of income.
  • Expensing of research and experimentation expenditures (normal tax method) —The baseline tax system would allow a deduction for the cost of producing income. It would require taxpayers to capitalize the costs associated with investments over time to better match the streams of income and associated costs. Research and experimentation (R&E) projects can be viewed as investments because, if successful, their benefits accrue for several years. It is often difficult, however, to identify whether a specific R&E project is successful and, if successful, what its expected life will be. Because of this ambiguity, the reference law baseline tax system would allow expensing of R&E expenditures.
  • Credit for increasing research activities —The baseline tax system would uniformly tax all returns to investments and not allow credits for particular activities, investments, or industries.
  • Exclusion of employee meals and lodging —Under the baseline tax system, all compensation, including dedicated payments and in-kind benefits, would be included in taxable income.

 

Trump Tax Plan Released

The Trump Administration released its initial tax proposal. There are still lots of questions and items to be negotiated. The rollout came via a press conference held by Treasury Secretary Mnuchin and National Economic Council Director Gary Cohn. The highlights are below.

Personal Tax Reform

  • For individuals, income tax rates would be set at 10%, 25%, and 35%; these are different than Trump’s campaign proposal rates of 12%, 25%, and 33%, which were aligned with those in the House Blueprint on tax reform.
  • The plan calls to double the standard deduction, but repeals all itemized deductions for individuals aside from the mortgage interest and charitable contribution deductions (includes eliminating deduction for state and local taxes).
  • The plan calls for repeal of the Alternative Minimum Tax (AMT) and the estate tax immediately with no phase out.
  • The top capital gains and dividends rate would remain at 20%.
  • The 3.8% net investment income tax, enacted under the Affordable Care Act, would be repealed.
  •   It would provide tax relief for child and dependent care costs.

 

Business Tax Reform:

  • It calls for a 15% business tax rate (which has been very covered in the news).
  • There is a one-time tax on the repatriation of foreign earnings of US companies at an unspecified rate, which Treasury Secretary Steven Mnuchin said would be negotiated with Congress along with other details.
  • For the first time, the Administration called for a switch to a territorial system of taxing foreign earnings. Note, Trump had called for a worldwide system and elimination of deferral in 2015, during the campaign, but had not addressed his preference on the issue for some time. Today’s plan, as outlined by Secretary Mnuchin and during the press briefing, does not address the House border adjustability proposal.
  • Eliminate “tax breaks for special interests”

More Movement Seen on Senior Administration Officials Front

Late Monday, recently appointed White House National Security Advisor Michael Flynn resigned from his post. The resignation was prompted by what he shared with Vice President Pence about his call with the Russian ambassador to the United States almost immediately following the Presidential election in November.

Flynn had reportedly told Pence that he did not discuss with the ambassador the sanctions levied against Russia by the Obama Administration. The Vice President then publicly supported Flynn’s claim. It was revealed late last week that the subject of the sanctions may have been discussed during the call between Flynn and the ambassador.

On the Cabinet front, Steve Mnuchin, a long-time executive at Goldman Sachs, was confirmed by the Senate mostly along party lines on Monday as the Treasury Secretary. Also on Monday, David Shulkin was confirmed unanimously by the Senate to lead the Department of Veterans Affairs. In 2015, Shulkin was nominated by President Obama and confirmed by the Senate to head the Veterans Health Administration.

A number of other Cabinet confirmations remain, including those for Secretary of Department of Labor and Director of the White House Office of Management and Budget.

Two Budgets Next Year

Congress will do two budget resolutions next year. The first will be aimed at the ACA early in the Congress and the second effort at reconciliation will be aimed at tax reform, which should be in the Spring.

The first budget that House and Senate Republicans will unveil early next year will include reconciliation instructions to fast track repeal of the 2010 health law, but is otherwise expected to be relatively bare-bones. the budget resolution is likely to abide by the $1.070 trillion discretionary spending cap that Republican conservatives opposed earlier this year. However, Republican leadership is touting the figure as a placeholder and not to be taken seriously — the real policy choices will be made in the FY2018 budget resolution to be drafted in the spring.

Both House and Senate GOP leaders have signaled that reconciliation, which can not be filibustered in the Senate, is the best path for tax reform. Speaker Paul Ryan is proceeding as if reconciliation would be necessary. This choice means that any tax reform plan would have to be deficit-neutral and would come with an expiration date.

Democrats have said they would be willing to talk about a narrower tax-and-infrastructure deal. But it also seems like it would be difficult for the more comprehensive tax reform approach that McConnell and Ryan talked up to get 60 votes in the Senate.

Trump First Day Agenda

President-elect Trump posted a 2 minute 37 second video on You Tube, which is the first time he’s addressed the American people directly since the election.

Mr. Trump’s video included six calls for action on trade, immigration, energy, regulatory curbs, national security (specifically cyber infrastructure), and lobbying ethics changes, most of which have already been announced either during the campaign or the transition period.

Of note, Trump did not mention action on the Affordable Care Act, his proposed wall along the southern border, the tax code, or the Iran nuclear deal, all of which were central arguments for his election.

See the video here or below.