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The deal is done. Now to pass it.

Presented by Coalition to Preserve American Jobs: Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Jan 16, 2024 View in browser
 
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By Bernie Becker

Presented by

Coalition to Preserve American Jobs

With help from Brian Faler and Benjamin Guggenheim

QUICK FIX

WELL, THERE YOU HAVE IT: Senate Finance Chair Ron Wyden (D-Ore.) and House Ways and Means Chair Jason Smith (R-Mo.) officially have hashed out a tax deal, as Pro Tax’s Brian Faler and Benjamin Guggenheim report.

The details of that agreement will officially be unveiled later today, but more information on the centerpieces of the deal — the expansion of three tax breaks for business, in exchange for a larger Child Tax Credit — started leaking out last week.

Some other provisions also made at least the initial cut for this agreement, including expansions of the low-income housing tax credit and tax breaks for disaster relief, as well as a plan to tamp down double taxation between the U.S. and Taiwan — all proposals with significant bipartisan support.

This deal also has something not seen on every tax agreement — an offset to control the proposal’s overall price tag, in the form of wringing savings out of a pandemic-era Employee Retention Credit that’s seen a sharp rise in questionable claims.

And now all Wyden and Smith have to do is take this deal, which by some measures took well over a year to negotiate, and find a way to get it through a divided, generally unproductive Congress.

MORE ON THAT IN A BIT, but first thanks for joining us for a D.C. blizzard edition of Weekly Tax. Also, many congrats to Elton John on being the 19th person to win an EGOT.

In bloom, indeed: Today marks eight years since Scott Kelly, an astronaut and twin brother of a future senator, publicly unveiled what has been called the first flower in space — a zinnia. (Though was it actually the first flower in space? Depends on who you ask.)

Help our knowledge grow. Send your best tips and feedback.

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

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

 

A message from Coalition to Preserve American Jobs:

The ERC is about jobs, plain and simple. The Employee Retention Credit was designed to be a lifeline for small businesses devastated by the pandemic and subsequent government mandates. Small businesses employ nearly half the entire American workforce, represent 43.5% of America’s GDP, and were the hardest hit by the pandemic. While the pandemic is over, the small business recovery is not. Congress must safeguard the ERC to keep business doors open and protect jobs. Take action now.

 
Driving the day

SO NOW WHAT HAPPENS? In short, this deal has no shortage of obstacles — some of them very procedural, like figuring out whether the agreement would need to ride on a broader vehicle or if it can be enacted as a standalone bill.

House and Senate leaders just announced a plan for a short-term funding punt into March, which would certainly complicate plans to attach the tax bill to something larger — certainly by the end of the month. Meanwhile, the chatter for days now has been that the House might try to pass the tax bill under the suspension of rules, requiring a two-thirds majority, perhaps as soon as this week.

But there are still some questions about the substance of this bill as well, perhaps none bigger than the question of whether enough Democratic lawmakers will believe that the expanded child credit in the agreement is generous enough.

To be clear: Lots of Democrats believe it is, while others, who might not, very well might end up accepting half a loaf. And there was no chance that Republicans would allow a return of the 2021 monthly child payment program that was popular on the left.

But there were definitely some prominent, progressive Democrats who thought the CTC expansion in this deal falls way short of what’s needed, even as liberal groups like the Center on Budget and Policy Priorities projected that the larger credit would lift as many as 400,000 children out of poverty in its first year.

The proposal would help larger families and adjust the refundable credit portion for inflation, but the worry for some Democrats is that this plan wouldn’t do enough for the families of the poorest workers.

So keep an eye out for those reactions. Rep. Rosa DeLauro of Connecticut, the top Democrat on the House Appropriations Committee and a vocal champion for the monthly child allowance initiative, told Weekly Tax last week that she was concerned the long-term costs of the business breaks would swamp the CTC expansion.

Again, that’s not a particularly controversial view — check these estimates from the Committee for a Responsible Federal Budget, for instance. The question is how many Democrats will fall in line with this being the best they can get.

Something else worth monitoring: Rank-and-file GOP lawmakers really have been more vocal in pushing in recent months for the business tax relief, which would roll back provisions in the Republicans’ own 2017 tax law that created stricter preferences for writing off research costs, deducting interest and expensing capital investments.

In fact, a number of House members took to the floor just last week to keep trying to nudge their leadership to embrace this tax plan.

For his part, Smith hasn’t been shy in pushing for those business breaks, either — but as Brian and Benjamin noted, the Ways and Means chair also appears to be more interested in further expanding the child credit than the average Republican member, given that he comes from one of the poorest congressional districts in the country.

That also might help explain why Smith has been so optimistic about the tax deal in general, to the surprise of some tax watchers.

"If Jason Smith is going to go home and campaign on or talk about this tax bill, he's probably going to talk about the Child Tax Credit," Rohit Kumar, PwC’s National Tax Services Co-Leader, told Weekly Tax last week, before the full contours of the potential deal became clearer.

NOT ON THE RIGHT SIDE: Whether this tax deal actually makes it across the finish line in the weeks to come is still up in the air — and it certainly wouldn’t be unheard of for further changes to be made to this initial deal between Wyden and Smith.

But chances are that it’s back to the drawing board for lawmakers and groups that saw their pet policy left out of the current tax agreement.

The most prominent example there is probably the current cap on state and local tax deductions, which GOP lawmakers from New York have been pushing to address in recent days and weeks.

 

Tune in on Wednesday, Jan. 10, as POLITICO explores Taiwan's upcoming presidential election. Hear from our panel on the potential outcomes to the race and the profound implications for U.S.-China relations depending on who wins. REGISTER HERE.

 
 

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Around the World

Associated Press: “German farmers and their tractors throng Berlin in a protest against fuel subsidy cuts.”

Reuters: “India cuts windfall tax on petroleum crude.”

Bloomberg: “Nigeria Aims to Boost Tax Collections by 57% in 2024.”

 

A message from Coalition to Preserve American Jobs:

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Around the Nation

Detroit News: Gov. Gretchen Whitmer “nixes GOP lawmakers' hopes for a tax cut in 2024.”

Nebraska Examiner: “Polling indicates many Nebraskans oppose Pillen plan to offset property taxes with higher sales tax.”

South Dakota News Watch: “Budget reckoning looms as Gov. Kristi Noem talks tax cuts and discipline.”

 

GLOBAL PLAYBOOK IS TAKING YOU TO DAVOS! Unlock the insider's guide to one of the world's most influential gatherings as POLITICO's Global Playbook takes you behind the scenes of the 2024 World Economic Forum. Author Suzanne Lynch will be on the ground in the Swiss Alps, bringing you the exclusive conversations, shifting power dynamics and groundbreaking ideas shaping the agenda in Davos. Stay in the know with POLITICO's Global Playbook, your VIP pass to the world’s most influential gatherings. SUBSCRIBE NOW.

 
 
Also Worth Your Time

Wall Street Journal: “$6 Trillion in Taxes Are at Stake in This Year’s Elections.”

Washington Post: “Behind closed doors, Trump eyes second round of corporate tax cuts.”

Bloomberg: “Hyundai offering $7,500 cash bonus for EVs to match tax credits.”

Did you know?

Elton John, at 76 years old, is the second-oldest person to complete an EGOT (winning a competitive Emmy, Grammy, Oscar and Tony award) — younger than only the English actor John Gielgud.

 

A message from Coalition to Preserve American Jobs:

In the words of Senator Ron Wyden (D-OR), “The Employee Retention Credit will ensure help is accessible to those small businesses struggling to survive.” Congress intended for the credit to be straightforward for struggling small businesses, who may not have the resources to pay thousands per month for a CPA. However, according to a Small Business Majority Survey, 58% of potentially eligible businesses have not yet applied. Meanwhile, over one million businesses remain in the IRS backlog, waiting months for vital funds. Some Members of Congress are contemplating a tax package that could shut down the Employee Retention Credit program. Amid a challenging business environment, Congress must unite to ensure our nation’s job creators receive the funds they deserve, not have the door slammed in their face. Take action now.

 
 

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Bernie Becker @berniebecker3

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