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Expensing and loopholes: Gaming out what's next for the Democrats' tax plans

Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Aug 01, 2022 View in browser
 
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By Bernie Becker

THERE'S THAT WORD AGAIN: Sen. Joe Manchin (D-W.Va.) had a clear message while making the Sunday show rounds — the new corporate minimum tax isn't raising taxes, really.

Instead, it's just closing a loophole that allows big corporations to pay effective tax rates of less than 15 percent.

In fact, Manchin went a full 5-for-5 in describing the Democrats' new tax plan as an exercise in loophole closing, as he did what's apparently called a modified full Ginsburg . "We're just saying, close the loopholes and collect the taxes that are owed to the Treasury and the United States people," Manchin said on CNN's "State of the Union."

The word "loophole" is a pretty big put-down in the tax world. But if you squint, you can see a potential link between Manchin's argument and how progressive tax experts make the case for the minimum tax on certain corporations' book income.

Take this thread from David Kamin, a New York University law professor and former economic aide to the current and last Democratic president, who argued that a range of actions by corporations could lead to them paying below the statutory 21 percent — from profit shifting to the ability for companies to quickly write off their investments, something that was put into law on purpose (and has bipartisan support).

And yet, as with lots of policy stuff, it can get complicated — and in doing so, that can illustrate some of the potential areas of focus as Democrats try to pass their bill as soon as this week.

MORE ON THAT IN A BIT — but first, the calendar might have turned to August, but there are no recess vibes around town right now. Speaking of vibes — there certainly seem to be some bad ones in the extended "Rocky" family.

Rumor has it that some of you out there are hoping for some more out of him: Today marks 26 years since "A Game of Thrones," the first volume of "A Song of Ice and Fire" by George R.R. Martin, was published.

Lots of court intrigue going on out there. Tell us about it.

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

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

 

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WHAT TO WATCH FOR THIS WEEK: It's understandable that Manchin and Senate Majority Leader Chuck Schumer's proposal to further limit the tax preference for carried interest has gotten a lot of attention.

Carried interest has been a Democratic bugaboo for quite some time, and former President Donald Trump railed against it, too.

Sen. Kyrsten Sinema (D-Ariz.) also objected to making carried interest changes last year, before Manchin took down the broader bill known as Build Back Better, so there's a natural tension as everyone waits to see what Sinema will do with this new, more climate-focused measure.

But it's also true that the book tax raises more than 20 times as much revenue — some $313 billion over a decade — as the changes to carried interest, which would raise about $14 billion by forcing private equity executives to hold investments for five years to get the preferential capital gains rate, instead of the current three.

And for lots of folks outside of private equity, including plenty of lobbyists and right-leaning tax experts, the minimum tax will be the top focus as Democrats press ahead to try and pass their budget reconciliation measure in the Senate as soon as this week.

The Joint Committee on Taxation recently estimated that around half of the revenues raised by the book tax would come from manufacturers, something you'll likely hear plenty of times from both groups like the National Association of Manufacturers and GOP lawmakers in the coming days. (Supporters of the book tax maintain that the definition of manufacturer in that projection is fairly broad , among other things.)

For instance, Sen. Pat Toomey of Pennsylvania, a key force in writing the GOP's 2017 tax law, brought that manufacturing angle up in his appearance on "State of the Union" on Sunday.

Toomey also talked about one area that lobbyists, manufacturing advocates and other business groups are hoping that Sinema can influence the Democrats' tax proposals — by pushing her party not to take such a hard line against accelerated depreciation in the book tax.

The new minimum tax would hit corporations that averaged $1 billion in profits on their financial statements over a three-year period. Under financial accounting, companies write off capital investments basically for as long as they're expected to last.

That's quite different than how tax accounting treats capital expenditures, where both Democrats and Republicans have worked to allow for quicker write-offs because they believe it gives a spark to the economy.

Now will Sinema actually work to put any carveouts for depreciation in the book tax? Hard to say.

She and her team have said next to nothing publicly about how they'll approach this new proposal, though Manchin said Sunday that he hopes she'll end up supporting it . So it's not clear how interested Sinema is in going to bat for anything, including any carried interest changes.

It's also not clear how much less the book tax would raise if there is some kind of exemption for expensing — it could take a pretty big bite out of the revenue projection, while still raising a significant amount of money.

OTHER STUFF IS GOING ON, TOO: There was other news in the tax world last week too, particularly for those people who care about foreign tax credits.

The Treasury Department released corrections for foreign tax credit regulations that went into effect this year, which companies and tax lawyers had argued were too broad.

Treasury first released the new rules in large part because of the rise of digital services taxes that countries like France and the U.K. had pursued to wring more revenues out of big tech companies like Google.

The U.S. government wanted to ensure that companies couldn't get foreign tax credits, which are used to keep companies from getting taxed on the same income by multiple countries, for digital service tax payments — essentially because that would only further incentivize other governments to implement or even expand DST's.

A Treasury official said the regulations were meant to offer companies a decent amount of flexibility, but that professionals in the tax community were reading them more narrowly than the department had intended.

John Harrington of Dentons told Weekly Tax that the corrections were "quite positive." But companies also want more substantive changes that would need to go through the regulatory process, something that both Treasury and the tax legal community acknowledged will be a more difficult enterprise.

Around the World

JUST LET ME GET REELECTED: President Jair Bolsonaro of Brazil wants to finish off an overhaul of the tax code after he gets reelected, Reuters reports. One small problem there: Bolsonaro currently lags behind his more left-wing opponent, former President Luiz Inacio Lula da Silva, in polling. Brazil's lower congressional house passed a tax package almost a year ago, which would have enacted a new 15 percent tax on corporate dividends, but the Senate hasn't considered the proposal. Those dividends currently are exempt from taxes, and government officials are hoping that revenues from the new tax could be used to offset expanded cash transfer to lower-income families. A temporary waiver for a constitutional cap on spending allowed those benefits to go through, but it's not clear for how long that will last. The Brazilian government is also looking into a measure to end double taxation on U.S. companies, as it prepares to join the Organization for Economic Cooperation and Development.

Around the Nation

THE STANDOFFS CONTINUE: Senate Republicans in West Virginia said they wouldn't go along with a proposed income tax cut from Gov. Jim Justice — and they followed through , as The Associated Press reports. The GOP-controlled state House easily passed the proposed 10 percent income tax cut from the Republican governor late last week. Justice repeatedly has sought to cut the income tax, but Senate GOP leaders say they're going to use the time until Election Day to sell the public on their preferred path of offering property tax relief.

Up to the north and east: Massachusetts policymakers are having a more partisan dispute over tax relief , as MassLive reports. The state will be forced to distribute potentially billions of dollars in tax credits or rebates to residents, because of a 35-year old law and a strong surplus. But Gov. Charlie Baker, a Republican, thinks that the tax relief package the state was working on will still be affordable, while Democratic leaders in the legislature aren't so sure.

Quick Links

Bloomberg Tax: "Reconciliation Deal Pulls Accounting Rulemaker Into Tax Politics ."

Reuters: "British PM candidate Sunak vows 20% income tax cut by 2029 ."

From our California team: " Gavin Newsom is fighting a wealth tax that would fund his own climate goals."

Did you know?

George R.R. Martin has been working on "The Winds of Winter," the sixth and next-to-last book in the "A Song of Ice and Fire" series, for more than a decade.

 

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