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2022: The final sprint

Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Dec 19, 2022 View in browser
 
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By Bernie Becker

With help from Benjamin Guggenheim

ON YOUR MARK, GET SET…: Congress has five days left to take care of its business for 2022 — and there's no shortage of issues on lawmakers' to-do lists.

Now, to be clear: Tax policy hasn't been particularly high on most people's agenda this lame-duck session. But there are still a fair number of loose ends for tax writers to take care of by Friday.

First big question: What tax measures might become law by the end of the month?

Appropriators and their staff spent their weekends hashing out the details of a broad spending measure, which lawmakers hope to introduce as soon as today and which would need to be passed by Friday.

Basically, any tax measure that becomes law between now and 2023 will need to be a part of that spending deal. People working on and off the Hill remain optimistic that a second retirement security measure in three years will make the cut.

But it looks dicey for anything beyond that, also according to people closely watching the situation.

MORE ON THIS IN A BIT, but first — welcome to crunch time, everybody. It's all business, too — no morning or afternoon World Cup games anymore, either.

We've used this one before, but the timing is too good: Today marks 39 years since the original World Cup trophy, named after a French soccer bigwig named Jules Rimet, was stolen in Brazil.

Volley those scoops our way.

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

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

 

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AND YET: Here's one more area to keep an eye on this week. A pair of West Virginia Republicans, Sen. Shelley Moore Capito and Rep. Carol Miller, are trying to attach a one-year delay of new tax reporting requirements to the omnibus.

Within weeks, millions more taxpayers — from small businesses to Uber and Lyft drivers to casual eBay sellers — will receive 1099-K tax forms, which detail payments exchanged on third-party platforms.

That's because Democrats drastically reduced the amount of money and the number of transactions required to prompt a 1099-K, from the previous $20,000 and 200 transactions to $600 in any number of transactions.

Changing that threshold won't require any fiddling with the tax code, and there are plenty of experts that believe a combination of taxpayers receiving unexpected tax forms and an overworked IRS could cause some trouble in the upcoming filing season.

With that in mind, a one-year delay might be the last chance to buy some time for a bipartisan solution — though, again, the prevailing view right now is that anything besides a retirement bill is a longshot.

BUT WAIT, THERE'S MORE: House Democrats haven't had former President Donald Trump's tax returns for very long — barely a couple weeks.

But they're about to do something with them, as Pro Tax's Brian Faler reported Ways and Means Chair Richard Neal (D-Mass.) announced a private committee meeting for Tuesday, essentially starting the process for the panel to release something based on or from Trump's confidential tax returns.

Now what might that be? Probably impossible to say before at least Tuesday, so stay tuned.

Releasing information from private tax returns isn't totally unprecedented — House Republicans, for instance, circulated confidential details when they investigated the IRS's treatment of tea party groups close to a decade ago.

And yet, the seemingly imminent release of some nuggets from Trump's tax returns will likely further inflame tensions between Democrats and Republicans.

Neal and other Democrats have said they need Trump's returns to look into how well the IRS is auditing presidents. But they've also been on the hunt for Trump's returns well over six years now, leading Republicans to argue that Democrats basically just wanted a pretext to shame the former president.

"Going forward, partisans in Congress have nearly unlimited power to target political enemies by obtaining and making public their private tax returns to embarrass and destroy them," said Rep. Kevin Brady of Texas, the top Republican on the Ways and Means Committee.

SPEAKING OF LOOKING FORWARD: It's no secret that tax professionals around D.C. aren't expecting a lot of new tax legislation when Republicans take over the House at the start of next year.

But the EU's decision to implement a global minimum tax likely will at least give Democrats and Republicans more to talk about over the next two years.

Republicans have sharply knocked that 15 percent minimum tax for quite a while now, and particularly since the Biden administration played a pivotal role in striking the global tax deal that included the new levy.

That rhetoric can only grow more heated now that a power like the EU is moving forward, which will likely also invite calls for retaliation from GOP lawmakers.

Cases in point: "The United States will not be bullied into accepting an agreement that fails to protect American workers and businesses from discriminatory foreign taxes," as Rep. Vern Buchanan of Florida, one of three Republicans seeking to become the next Ways and Means chair, put it.

Or: "It's a real problem in terms of competitiveness for the United States. That's why we're going to insist on our autonomy and our sovereignty and fight back," said Sen. Steve Daines (R-Mont.).

Democrats have said that they hope Republicans will reconsider their opposition to the minimum tax if the rest of the world starts to move ahead with it — particularly since the minimum tax empowers other governments to tax U.S. multinationals if their effective rate falls below that 15 percent mark.

"I've long believed that we need to reform our international tax system to reward those that invest in America and its workers, stop companies from shipping jobs and profit overseas, and ensure mega-corporations pay their fair share," said Senate Finance Chair Ron Wyden (D-Ore.).

But good luck finding anyone who believes that will happen anytime soon.

Around the World

Financial Times: "Brussels agrees details of world-first carbon border tax."

Bloomberg: "Crunch Time for Giant Copper Mine as Panama Readies Halt Order."

Reuters: "Italy urges EU to give strong and strategic response to U.S. IRA."

Around the Nation

Milwaukee Journal-Sentinel: "Senate Republicans want to phase in a flat 3.5% income tax."

Boston Herald: "Maura Healey continues to voice support for some forms of tax relief."

WAMC: Gov. Kathy Hochul of New York "says new state budget won't include tax increases."

Also Worth Your Time

CNBC: "Tax pros 'expecting the worst' with Venmo, PayPal tax reporting change. How to handle a 1099-K for personal payments."

Tax Notes: "U.S. Must Reform GILTI in Line With OECD Pillar 2, Grinberg Says."

Bloomberg Tax: "Grinberg, Key Figure for US in OECD Tax Pact, to Leave Treasury."

Did you know?

The Jules Rimet Trophy previously had been stolen in England in 1966, before it was found by a dog named Pickles.

 

POLITICO AT CES 2023 : We are bringing a special edition of our Digital Future Daily newsletter to Las Vegas to cover CES 2023. The newsletter will take you inside the largest and most influential technology event on the planet, featuring every major and emerging industry in the technology ecosystem gathered in one place. The newsletter runs from Jan. 5-7 and will focus on the public policy related aspects of the event. Sign up today to receive exclusive coverage of CES 2023.

 
 
 

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