Tuesday, September 6, 2022

Setting up the fall

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

WAIT TILL NOVEMBER (OR DECEMBER): It's become practically a yearly exercise, even though lots of lawmakers say it's far from the best way to make tax policy.

And, yes, it looks like 2022 will be just the latest year where Congress examines whether to do a year-end tax bill.

Democrats did just pass the Inflation Reduction Act, which enacted longer-term solutions for a lot of clean energy incentives that previously have passed during year-end tax bills.

But worry not: Lawmakers still have plenty of leftovers to pick from this fall as they discuss one last tax deal this Congress.

For instance, there's bipartisan interest in both allowing companies to once more immediately write off research expenses, and in striking another deal on retirement security.

Among the other topics that could come up: Offering relief for business on interest deductions and broader expensing matters, or for taxpayers who for the first time will receive a tax form (the 1099-K) for reporting payments from credit cards or third-party networks like Venmo.

Plus, there's the old-fashioned short-term tax extenders, and the potential to help out car dealers struggling with inventory requirements under the "last in, first out" accounting standards, also known as LIFO. (That's not all, either — think bipartisan interest in cracking down on the land deals known as syndicated conservation easements.)

WE'RE BACK! More on that in a bit, but let's start by bidding a fond farewell to the local pools for another nine months.

In honor of athletes from Maryland having their day: Today marks 27 years since Cal Ripken Jr. of the Baltimore Orioles set a record by playing in his 2,131st consecutive game.

We're here to field your best tips and feedback.

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SO NOW WHAT? This much we know — the results of the midterms in November will likely have some effect on the talks over a year-end tax deal. But how exactly isn't totally clear.

Long story short: The chances for a year-end tax deal depend in large part on how much interest congressional leaders have in tying up loose ends before 2023.

For a variety of reasons, Democrats appear to have some increased momentum heading into the final stretch of the election, making control of the Senate next year look more like a toss-up. (The House is still expected to flip to the GOP.)

But will Republicans want to hold off on doing too much in the lame-duck if they win both the House and the Senate, to give them wider latitude to set the agenda on the Hill next year?

And would Democrats seek an agreement on taxes in November or December if they retained control of the Senate, assuming that it'll be tough to score any policy achievements with a GOP House next year?

It's also more than just a question of which party wins, too — the size of the majorities for the next Congress will also matter.

For instance, lobbyists watching the issue speculated that House Minority Leader Kevin McCarthy (R-Calif.) — who hopes to be Speaker next year — might feel more breathing room to sign off on a tax deal if Republicans win a healthy majority in the fall.

DID NOT SEE THAT ONE COMING: Pascal Saint-Amans, who worked for years to update international tax rules before helping push the global tax deal across the finish line last year, is leaving his position as director of the tax center at the Organization for Economic Cooperation and Development.

Saint-Amans' departure certainly was not expected — and raises new questions about how much of that global tax deal will actually get implemented, as our Bjarke Smith-Meyer reported from Brussels.

Those questions are being asked on this side of the pond, too.

Democrats didn't include the changes needed to comply with the minimum tax portion of the global tax deal, known as Pillar Two, while the EU is having its own issues getting that part up and running, too.

And that's not even getting into Pillar One, the part of the agreement that seeks to tax companies based more on where their customers are located and which has its own implementation hurdles.

The sense among U.S. experts closely watching the global tax scene is that there's no way that the departure of Saint-Amans can help. After all, the OECD tax director has quite literally traveled the world to build support for the global tax agreement and has been working tirelessly to try and iron out the details on the deal.

How much it hurts is another question, considering all the current problems facing implementation of the global tax deal. Some experts say Saint-Amans leaving the OECD will have a huge negative impact, while others said they couldn't say how much damage it would cause.

GOING OLD SCHOOL TORY: The Conservatives made it official on Monday — Liz Truss will be the U.K.'s next prime minister.

That's been the expected outcome ever since the race to be next Conservative leader was narrowed to a two-person race, between Truss and Rishi Sunak, the former chancellor of the exchequer.

But this also means that Truss will get a chance to put her perspective on taxes into action. In short, the incoming prime minister wants tax cuts and lots of them.

Some experts have questioned whether that approach would work, arguing that tax relief would only inflame what's already high inflation in the U.K. (Sunak, for instance, said he would pursue more tax cuts only when inflation was more under control.)

Truss has vowed to cut national insurance contributions, a key method for financing government benefit programs, and to hold off on a planned increase in the corporate tax — while also suggesting that past Conservative governments haven't focused enough on whether their policies grew the economy, and too much on whether it offered relief at the lowest levels of the income ladder.

More immediately, Truss has said she'll offer up a plan to offer Britons relief from high energy prices in short order.

But with the next parliamentary election not expected until 2024, it remains to be seen how much in the way of tax-cutting Truss will actually get done.

Her presumed finance minister, Kwasi Kwarteng, has implied there might not be as much "fiscal loosening" as people expect, at least at first. And the opposition Labour Party isn't wasting any time in knocking Truss' approach on taxes, arguing that she would be seeking, among other things, a "huge stealth tax cut for banks."

Around the World

DEFINITELY A TREND BY NOW: The Dutch government is planning to install a windfall tax on oil-and-gas companies to help pay for a 16 billion euro relief package aimed at helping those struggling with inflation and higher energy prices, Bloomberg reports. The windfall tax would raise around 2 billion euros in 2023, while a planned tax increase on small- to middle-sized companies would raise another 1.5 billion euros. (Those businesses would see their tax rates rise from 15 percent to 19 percent.) Increased revenues from the Groningen gas field, located in the northeastern section of the Netherlands, would fund the rest of the package. On the relief side, the package would raise the minimum wage and both cut energy taxes and offer targeted subsidies to lower-income households. The government is expected to roll out the plan on Sept. 20, which is known as Budget Day.

Around the Nation

THAT DIDN'T TAKE LONG: Republicans in Idaho put new tax cuts into place last week — and fast, as The Associated Press noted. A combined measure featuring both tax cuts and education spending cleared both the state House and Senate last Thursday, before Gov. Brad Little signed it into law by the end of the day. The new law offers a half-billion dollars in new tax rebates, including a minimum payment of $300 for individuals and $600 for joint filers. (Otherwise, the rebates max out at 10 percent of the state taxes paid for 2020.) Starting next year, both corporations and individuals would also get a new flat tax rate of 5.8 percent under the new measure. Currently, the corporate rate in the state is 6 percent, which is also the top tax rate for individuals (and kicks in at just under $16,000 in yearly income for joint filers). Little called the special session of the legislature because of high inflation.

Quick Links

Pro Tax: " IRS mistakenly disclosed private taxpayer information."

Pro Cannabis: "Why weed companies can't make any money."

AP: " Some states could tax Biden's student loan debt relief."

Did you know?

Ripken eventually played 2,632 consecutive games, with his streak ending in September 1998.

 

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