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Targeting tax credits, and Russia

Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Mar 21, 2022 View in browser
 
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By Bernie Becker

STILL LOOKING AT THAT: Senate Democrats aren't backing away at all from the idea of taking away preferential tax treatment for companies still doing business in Russia.

Not only that: They're calling out one very big name in business — Koch — as they push to punish those companies.

Senate Majority Leader Chuck Schumer and Senate Finance Chair Ron Wyden (D-Ore.) said in a statement late last week that Koch Industries is "shamefully" still keeping its operations running in Russia, even as "the democracies of the world make huge sacrifices" to punish President Vladimir Putin for invading Ukraine.

Hundreds and hundreds of American companies, many of them big names like McDonald's, have stopped doing business in Russia at this time. Schumer and Wyden said in their statement that Democrats were still looking at potential legislation that would deny foreign tax credits and the preferential tax rate from the levy on Global Intangible Low-Taxed Income, or GILTI, for companies still operating in both Russia and Belarus, which has been Russia's ally in the invasion.

Right now, U.S. law bans companies from using those incentives on income earned in Iran, North Korea, Syria and Sudan.

MORE ON THAT in a bit, but first welcome to the "never sleep on Atlantic Coast Conference basketball" version of Morning Tax.

They play hockey there, too: Today marks 196 years since what's now known as Rensselaer Polytechnic Institute of Troy, N.Y., America's first engineering school, was incorporated by the state of New York. (Though apparently RPI now has two campuses in Connecticut, too.)

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Email: bbecker@politico.com, alorenzo@politico.com, bfaler@politico.com and teckert@politico.com.

You can also reach us on Twitter at @aaronelorenzo, @brian_faler, @tobyeckert, @berniebecker3, @POLITICOPro and @Morning_Tax.

 

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MORE ON TAX CREDITS:  Koch Industries pushed back on the statement from Schumer and Wyden — arguing, among other things, that the Russian government could take over and take advantage of its facilities in the country if Koch pulled out. (One Koch company has about 600 employees in Russia working in glass manufacturing, as The Hill's Jordain Carney noted.)

In any event, the original statement marked the second time in about a week that Wyden proposed targeting foreign tax credits as a potential further method for sanctioning Russia. So what kind of chances might that have?

For starters, there can be no doubt that both Democrats and Republicans, at least generally speaking, have a rather extensive appetite when it comes to Russia sanctions. As an example, House Ways and Means Chair Richard Neal (D-Mass.) and the panel's top Republican, Rep. Kevin Brady of Texas, introduced a bill last week that would suspend America's normal trade relations with Russia and Belarus.

Democrats pushing for action on the issue say there is some interest from key Republicans — Sen. Rob Portmanof Ohio, for instance, has tweeted his support for the idea.

Plus, they argue that the fact that the U.S. already has these sanctions in place for those four other countries could make it easier to add a couple more in Russia and Belarus.

There is the question of just how necessary a step this might be, considering how many companies are getting out of Russia and Belarus voluntarily. But supporters argue that might make it an even easier sell, because relatively few companies might see their foreign tax credits affected.

Still, it remains wait-and-see on this issue. Republican leaders have yet to say much about whether they'd support a policy like this. Plus, is it possible that Schumer and Wyden's approach last week — directly targeting and trying to shame Koch Industries — didn't go over well among at least some GOP officials?

As for the business community, it certainly hasn't been out there lobbying against the idea of losing foreign tax credits connected to Russia — or a whole lot of other sanctions being discussed right now, for that matter.

Something else to consider: Portman noted on Friday that the U.K. was no longer sharing tax information with Russia and Belarus, and urged the Biden administration to follow a similar path.

THAT'S A GOOD QUESTION: For all the IRS has on its plate these days, it has to deal with this predicament, too — how exactly do you tax a non-fungible token?

For years now, the IRS has said that it will tax cryptocurrency, which generally is what is used to buy an NFT, as a property, like a stock or a bond.

But beyond that, the IRS hasn't delivered any specific guidance on the tax obligations that come with NFTs — something that doesn't seem likely to change soon, even though industry advocates and tax practitioners really wish it would, as our Sam Sutton reported.

In the meantime, experts say that NFTs could be taxed as a short- or long-term capital gain, or even as income or dividends, and that they're trying to figure out how to correctly treat a particular NFT transaction for tax purposes by essentially making educated guesses based on existing IRS guidances.

The crypto exchange Coinbase also argues that people dabbling in this area won't necessarily be thinking about tax implications when buying an NFT, which is where better guidance would come in handy.

Meanwhile, those exchanges and tax experts are teaming up to try and muddle through this first tax season where NFTs have really taken hold, and as the IRS is now requiring that taxpayers list virtual currency transactions on their tax forms.

Around the World

THE WIND IS FALLING: Italy is moving toward enacting a 10 percent tax on the profits of certain energy companies to help fund relief measures intended for businesses and customers dealing with rising prices, Bloomberg reports. The windfall tax will hit companies that saw big bumps in profits between October and March, according to a draft of the policy. Under the proposal, any company would get hit with the levy if their profits rose by 5 million euros during that six-month span, when compared with profits during that same time frame the year before. "We are redistributing these funds to companies and families that are struggling," Prime Minister Mario Draghi said. Italy gets about two-fifths of its gas from Russia, which has only increased problems with energy costs in the country. The government enacted a close to $5 billion relief package late last week that would, among other things, cut the cost of gas by 25 euros per liter.

 

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Around the Nation

NO DEAL: Gov. Gretchen Whitmer of Michigan vetoed a measure late last week that would have cut the state's income tax, The Associated Press reports. The Democratic governor had telegraphed that she would be vetoing the tax cut, which will potentially set up further negotiations with the Republican-run Legislature on ideas for tax relief. The GOP's bill, which would have cut taxes by around $2.5 billion per year, would have cut the rate for individual income to 3.9 percent from 4.25 percent, created a $500-per-child credit and installed more-favorable provisions for seniors.

Michigan has a $7 billion surplus right now, but Whitmer and her administration have sought more targeted tax relief, noting that much of the state's reserves stems from one-time sources like federal pandemic relief. The governor has instead proposed expanding Michigan's earned income tax credit, lifting the value to one-fifth of the federal incentive — up from the current 6 percent. Democrats particularly criticized the GOP's proposed income tax cut, noting that it would give far more assistance to top earners. Republicans countered that their bill would have cut taxes for every taxpayer in the state.

Quick Links

ABC News: "Maryland, Georgia move to temporarily suspend gas tax amid nationwide high prices." 

Honolulu Civil Beat: "Maui Condo Owners Want To Tax Themselves To Save Their Homes From Rising Seas."

Bloomberg: "Philippine Presidential Bets Want Marcos to Pay $3.8 Billion Tax."

Did you know?

Rensselaer, N.Y., is one of a couple cities in Rensselaer County, N.Y., which is also the home of Rensselaer Polytechnic Institute.

 

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