Tax will increase within the virus invoice might preview Dems’ playbook


Email Alan K. Ota

“href =” “> Alan K. Ota

Law360 provides free access to its coronavirus coverage to ensure that all members of the legal community have accurate information during this time of uncertainty and change. Use the form below to sign up for one of our weekly newsletters. If you sign up for one of our newsletters, you can sign up for the weekly coronavirus briefing.

Law360 (March 1, 2021, 4:34 p.m. EST) – A Democratic push to reverse corporate tax cuts to partially fund the House-passed pandemic response package could become a blueprint for paying for future Democratic priorities, including permanent tax cuts for families.

A provision in the pandemic response package the House passed over the weekend would fund a $ 22.8 billion retirement plan by removing a tax break for multinational corporations. (AP Photo / Patrick Semansky)

Several senior Democrats said there was ample support within their party for some tax hikes at large corporations to fund democratic initiatives in the coming months. They said the fate of two pending corporate tax hike proposals in the pandemic response legislation could anticipate future efforts to uproot or reduce corporate incentives in the 2017 Tax Cut and Employment Act .

A proposal in HR 1319, President Joe Biden’s US $ 1.9 trillion rescue plan passed the house on Saturday would cancel a tax break for multinational corporations to pay for a $ 22.8 billion pension plan included on the bill. Another Senate proposal, the fate of which is less clear, would replace the bill’s proposal for a minimum wage of $ 15 an hour with a voluntary minimum wage enforced with tax breaks for small business compliance and penalties for non-compliance by large companies.

The novel coronavirus pandemic bill would repeal a provision of the 2017 law due to come into force in 2021, after which multinational corporations can make a one-off choice to apportion interest expenses worldwide. Richard Neal, chair of the House Ways and Means Committee, D-Mass., Said the provision was added to legislation to pay for the aid package for pensions for multiple employers and single employers. The tax hike would generate enough revenue – more than $ 22 billion over 10 years – to ensure the pension bailout complies with Senate rules that govern the budget reconciliation process under which the bill moves forward.

“There was a revenue problem,” Neal told Law360.

Neal said his party could reconsider the tax hike strategy to only pay for items with an anticipated cost in excess of the allowable 10-year window of budgetary reconciliation as it prepares to implement parts of Biden’s new plan to restore the budget Move infrastructure. This plan could be implemented as part of a potential voting law for fiscal 2022 shielded from filibusters of the Senate.

While temporary family tax incentives and other items included in the relief package do not require compensation, Neal made it clear that items with a long-term cost, such as household items, do B. permanent tax cuts for working families, further trade tax increases on the table are part of Biden’s recovery plan.

Both Neal and House Budget Committees chairman John Yarmuth, D-Ky., Said several options to increase revenue were being discussed, but there appeared to be no impetus for the time being to pass Biden’s 2020 campaign proposal to increase the corporate rate to 28% 21%.

“Nobody approached me about it,” said Neal, referring to a possible corporate rate hike.

While Democrats remain divided on the extent of corporate rate hikes, Yarmuth and Neal said the lifting of the tax incentive for multinational corporations is strongly supported in the Reconciliation Act. And Yarmuth said Democrats would likely focus on tax increases targeting multinational corporations if compensation were required for a possible permanent extension of several temporarily expanded individual tax incentives in the reconciliation bill: the child tax credit, the child and dependent care tax credit, as well as the Earned Income Tax Credit for Workers Without Children.

“I would guess so,” Yarmuth told Law360.

While the Democrats are considering potential new levies on large corporations, the Republicans argued that such measures would curb job creation.

Rep. Kevin Brady, R-Texas, senior member of Ways and Means, said repealing the one-time election for worldwide interest expense sharing could undermine efforts to promote economic recovery.

“It’s a complex problem. It affects our ability to stay competitive and make sure companies invest in the US rather than overseas,” Brady told Law360.

Proponents of the provision under Section 864 (f) of tax law have said it would provide a more accurate calculation of the overseas tax credit limit, although it could make tax compliance more difficult. The provision enables a multinational company to apportion interest expenses among its affiliates as if they were part of a single company.

Despite these arguments, several Democrats said they believed in the proposal to prevent its implementation, which has been delayed since it was approved in the American Jobs Creation Act of 2004 had strong support in their party.

Senator Sheldon Whitehouse, DR.I., a member of the Senate Finance Committee, said he hoped the proposed abolition of the incentive would lead to further tax hikes aimed at large corporations with overseas operations.

“The shell-and-pea game of hiding your income in different locations is uniquely available to multinationals. And it’s a wrong way to pass the time,” Whitehouse told Law360.

However, a proposal by Finance Chairman Ron Wyden, D-Ore. To create a tax framework to encourage corporations to comply with a voluntary wage floor came with potential hurdles as some Democrats questioned whether this was a viable replacement for one higher minimum wage would be.

Senate MP Elizabeth MacDonough has ruled that the proposed $ 15 minimum wage is vulnerable to Republican-backed Byrd Rule Rules of Procedure as it has no material budgetary impact. Such objections can only be waived with a majority of 60 votes in the Senate, which means that the provision could be removed from the bill before a vote in the Senate.

Instead of raising the current minimum wage of $ 7.25, Wyden’s proposal would introduce a 5% tax penalty on payrolls for large corporations that don’t hit a new wage floor. The income from this tax would fund a small business tax credit of 25% of wages, capped at $ 10,000 per year per employer for those paying higher wages. But several Democrats said it was doubtful that Wyden’s proposal would get support from some progressives looking for other ways to get a minimum wage of $ 15.

A revamped version of the House of Representatives’ reconciliation bill without the $ 15 minimum wage would require the support of all 50 members of the Democratic Caucus and a groundbreaking vote by Vice President Kamala Harris to pass the Senate. And a revised Senate-approved version of the Reconciliation Act would require final House approval.

On the flip side, Senator Rob Portman, R-Ohio, a senior finance committee member, said he hoped to work with other lawmakers on a project potential bipartisan plan to combine a smaller increase in the minimum wage with Tax incentives for small businesses. But Portman said he and other Republicans would oppose proposals to increase corporate taxes.

He expressed concern that the proposed de-allocation of global interest expense would weaken the framework for business incentives in the TCJA to encourage domestic investment.

“You want to create an incentive to invest here. And the lower interest rate and depreciation are key to that,” Portman told Law360.

While the GOP legislature criticized the proposed increase in corporation tax in the Atonement Act, Rep. Dan Kildee, D-Mich., A Ways and Means deputy and deputy deputy, said the Democrats would make it clear to voters that some higher levies on major Companies will be charged necessary.

“Given the size of our operations, it’s not too difficult to defend yourself,” Kildee told Law360.

Senator Rick Scott, R-Fla., Chairman of the National Republican Senatorial Committee, said he and other Republicans planned to take measures in the run-up to the 2022 midterm election that could harm the economy.

“I’ll be talking about it every day,” Scott told Law360.

– Arrangement by Robert Rudinger and Vincent Sherry.

To have this article reprinted, please contact [email protected].