Taxation & Representation, January 21, 2020
Back to Tax Policy

Taxation & Representation, January 21, 2020

January 21, 2020

By Brownstein Tax Policy Team

TAX TIDBIT

Welcome back from the long weekend in remembrance of Dr. Martin Luther King, Jr., who once said “all labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” So, we bring yet another edition of Taxation & Representation—this labor of love is for our readers, so let’s get into it.

Let Them Drink…Beer? With the House out for a district work period and the Senate focused on President Trump’s impeachment trial, the biggest tax story to watch this week will be happening in Davos, Switzerland. The annual World Economic Forum (WEF) is this week and world leaders will discuss everything from cybersecurity to the future of energy. Also on the agenda are how to revamp the current international tax regime and ongoing contentious negotiations between French and U.S. officials.

For a quick recap on where negotiations stand related to the Organization for Economic Cooperation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) project and the French-U.S. dispute over digital services taxes, click here and here.

French and U.S. officials are eager to reach a compromise on the new French digital tax that would hit American tech giants. In response to the tax, President Trump threatened in December to levy a retaliatory tax on some iconic French goods, including wine, cheese and certain luxury goods, such as handbags. Those threats seem to be on hold for now—on Jan. 20, French President Emmanuel Macron and President Trump reached a tentative agreement that neither country will impose tariffs this year, and France will refrain from collecting receipts for its digital services tax until November.

While the U.S. and France have reached an understanding, other European countries may still move ahead with plans to implement a digital tax. Earlier today, Treasury Secretary Steve Mnuchin warned Italy and Britain that if they proceed with similar digital taxes, the U.S. will respond in kind and impose tariffs. Mnuchin’s message resonated across the border as Canadian Heritage Minister Steven Guilbeault said earlier this week that Prime Minister Justin Trudeau’s administration is reconsidering the path forward on the digital tax. While he praised the French digital tax, Guilbeault said the Canadian approach “will be different” and that rather than unilaterally impose a similar tax, there should be a “concerted effort by many countries.”

With these latest developments in mind, what should you be watching this week? Well, outside of Davos, OECD finance ministers met today in Brussels, Belgium to discuss the group’s progress on its efforts to update global tax norms. During the meeting, France, Germany, Italy, the United Kingdom and the European Commission all opposed the voluntary option proposed by the U.S.

Tomorrow, Mnuchin will meet with his French counterpart, Bruno Le Maire, at the World Economic Forum, which President Trump is also attending. Mnuchin and Le Maire are expected to discuss the digital services tax. Le Maire published an op-ed in the Wall Street Journal last week explaining that France will not back down in light of tariff threats from the U.S. La Maire also spoke with National Economic Council Director Larry Kudlow on Thursday about how the two countries can avoid further escalation. According to Le Maire, he presented a number of potential solutions to Kudlow. Mnuchin and Le Maire are expected to discuss the proposals tomorrow during their meeting.

Next week, from Jan. 29-30, the OECD will meet in Paris to further discuss their BEPS project. According to two OECD officials, the bloc will not be able to meet its June deadline for proposing a global compromise.  

The Brownstein Tax Policy Team will be keeping a close eye on the latest developments overseas. Stay tuned for updates!

 

LEGISLATIVE LOWDOWN

 

Giving Green Another Go. Since retaking the House, congressional Democrats have not been shy about their support for enacting green energy tax incentives. House Ways and Means Committee Democrats unveiled draft legislation last November—the Growing Renewable Energy and Efficiency Now (GREEN) Act—that contained provisions to incentivize the use and development of green energy. While the draft legislation was never formally marked up, congressional Democrats attempted to attach some if its provisions to the year-end tax package (P.L.116-94). However, many of their asks, including electric vehicle (EV) incentives and extensions of offshore wind facility credits and solar tax credit, were ultimately left out. Now, committee Chair Richard Neal (D-MA) wants the committee to revisit the draft legislation through a formal markup, sometime before April.

You Get a Tax Cut, and You Get a Tax Cut! In an attempt to expand the Tax Cuts and Jobs Act (TCJA, P.L.115-97), President Trump and congressional Republicans are working on another round of tax cuts, dubbed “Tax Cuts 2.0.” Last week, National Economic Council Director Larry Kudlow said although discussions are in early stages, the White House continues to have conversations with top tax writing committee Republicans, including House Ways and Means Committee Ranking Member Kevin Brady (R-TX). As former chair of the committee, Brady led passage of the TCJA in 2017. Details on the current Tax Cuts 2.0 effort are scarce, and Kudlow said it will be “many months” until a fully formed plan is ready, although President Trump signaled a plan would be unveiled before April 20. Kudlow hinted the package may include a reduction of the 22% individual tax bracket down to 15%. A full plan is expected in late summer, according to Kudlow, and will “create 1.5 million new jobs.” Treasury Secretary Steven Mnuchin said yesterday that the Trump administration’s budget proposal, which is expected in February, will include a middle-class tax cut as well.

 

REGWATCH

 

Crossing the TCJA Finish Line. Last week, the Treasury Department and the Internal Revenue Service (IRS) finally released the agency’s New Year’s resolution: complete all regulatory guidance related to the Tax Cuts and Jobs Act (TCJA, P.L.115-97) by the end of 2020. The ambitious goal would require the IRS to release guidance more expeditiously than it did following enactment of the Tax Reform Act of 1986 (P.L.99-514), but at least some Treasury Department officials are feeling optimistic. Since passage of the TCJA in December 2017, the IRS has fully completed about 60% of its work related to the landmark tax reform law. According to one agency official, taking all final and proposed regulations into consideration leaves the work “close to 90%” complete. To meet the self-imposed deadline, the IRS will have to issue guidance on some significant provisions yet to be fully addressed, such as carried interest and executive compensation.

Senate Democrats Look Into Regulatory Process. Last week, Senate Finance Committee Ranking Member Ron Wyden (D-OR) and Democratic committee members Sens. Sherrod Brown (D-OR), Bob Casey (D-PA), Sheldon Whitehouse (D-RI) and Catherine Cortez Masto (D-NV) sent a letter to Treasury Secretary Steve Mnuchin and Office of Management and Budget (OMB) Acting Director Russell Vought about how the Trump administration is using the regulatory process, now governed by a Memorandum of Understanding between the bodies, to reshape tax law. Specifically, the group accused the Treasury Department and OMB of “using the new system’s complexity as a means to give even more tax cuts to corporations through the secretive regulatory process where corporations and their armies of lobbyists exercise undue influence.” The letter includes a request for a complete list of meetings that Office of Information and Regulatory Affairs chief Paul Ray, Mnuchin, and a handful of other Treasury Department officials attended in relation to international regulations that may have benefitted multinational corporations.

1111 CONSTITUTION AVENUE

IRS to Return Sequestered Funds. On Thursday, the IRS announced plans to return sequestered funds to businesses impacted by a December 2018 OMB determination regarding the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. In its announcement, the IRS said funds claimed under Section 168(k)(4) of the code would no longer be considered subject to sequestration, expanding on the 2018 determination that exempted refunds taken under Section 53(e). The agency says fewer than 1,000 businesses qualify for this refund, and they do not need to do anything to get their money back.

 

GLOBAL GETDOWN

 

Hogan Visits Washington. In the lead up to this week’s World Economic Forum, European Union Trade Commissioner Phil Hogan was in Washington, D.C. participating in a number of meetings with Trump administration officials and congressional tax leaders. Hogan began with a Jan. 14 meeting with U.S. Trade Representatives (USTR) Robert Lighthizer and Japanese trade minister Hiroshi Kajiyama. After initial discussions, Hogan released a video explaining how the Europeans and the U.S. "have more in common than perhaps we realized and that we want to engage in cooperation and dialogue rather than confrontation."

On Jan. 16, Hogan sat down with House Ways and Means Committee Chair Richard Neal (D-MA) and Ranking Member Kevin Brady (R-TX)—all of whom reportedly left the meeting feeling optimistic. Neal later released a statement expressing his interest in avoiding additional tariffs, and Brady urged the French to reverse course on its digital services tax. Hogan also met with Senate Finance Committee Chair Chuck Grassley (R-IA), who previously urged the Treasury Department and the French government to provide additional time for negotiations, noting that the self-imposed deadline is unrealistic.

On Jan. 17, Hogan again met with Lighthizer and Treasury Secretary Steven Mnuchin. Though the officials did not outline definitive next steps, Hogan reportedly left town more confident in the prospects of a deal between the Americans and Europeans. In his first trip to Washington in his current role, Hogan said he "was very happy with the level of engagement, the very positive cooperative spirit we had with all our interlocutors in the administration." So far, so good.

Not so fast—after Hogan’s departure, Pascal Saitn-Amans, the Director of the OECD’s Center for Tax Policy and Administration, released a statement noting that the OECD has reached an impasse over the United States’ continued insistence that parts of the proposed framework be optional for multi-national corporations. “The optionality proposal is still on the table and it’s acting as a barrier to discussions,” he said.

The discussion over reorienting the global tax system will surely see developments this week as top finance officials from the U.S. and Europe meet in Davos.

 

AT A GLANCE

 

  • NJ SALT Workaround. On Monday, New Jersey Gov. Phil Murphy (D) signed into law a bill that provides small businesses and partnerships a way to avoid the $10,000 federal cap on state and local tax deductions. The law allows some entities to pay state income tax as a business tax, rather than at the partner level. Proponents are confident it will withstand any federal scrutiny.
     
  • Cha-Ching. New Treasury Department data unveiled last week revealed that corporate tax receipts have continued to increase in recent quarters. The data showed that corporations paid an additional 24.5% in taxes last quarter compared to the same time the previous year. The Treasury Department expects corporate receipts for the current fiscal year to rise to $253 billion, a 10% increase from the previous fiscal year.

 

BROWNSTEIN BOOKSHELF

 

  • GAO Report. The U.S. Government Accountability Office (GAO) assesses the Internal Revenue Service’s (IRS) collaboration efforts with other agencies to communicate tax law changes, performance in providing customer service and areas of opportunity for the IRS to improve. Read the eight recommendations here.
  • EITC Expensive Expansion. The Republican members of the House Budget Committee released a report on January 16, 2020, which highlights that an expansion of the Earned Income Tax Credit would cost the federal government $2.9 trillion over 10 years.
  • Decade of Expiring Provisions. The Joint Committee on Taxation prepared a document listing federal tax provisions scheduled to expire in 2020—2029.

 

REGULATION STATION

INTERNATIONAL

Regulation

Latest Action

Regulation Link

Comment Countdown

Foreign Partner Transfer Rules

Jan. 23, 2020
Final Rules

Jan. 19, 2017

T.D.9891

REG-127203-15

N/A 

Deadline Passed
April 19, 2017

Foreign Tax Credit
Sec. 965(g)

Dec. 17, 2019

Dec. 2, 2019
Final / Temporary Regulations

REG-105495-19

T.D.9882

28 days

N/A

Dividend Equivalent
Sec. 871(m)

Dec. 16, 2019
Final Regulations

Jan. 24, 2017

T.D. 9887 

REG-135122-16 

N/A 

Deadline Passed
April 14, 2017

BEAT
Sec. 59A

Dec. 2, 2019

Final Regulations 
Dec. 21, 2018

T.D. 9885

REG-104259-18

N/A

Deadline Passed
Feb. 19, 2019

BEAT
Sec. 59A 

Dec. 2, 2019

REG-112607-19

14 days

Ownership Attribution
954(d)(3)

Nov. 19, 2019
Final Regulations 

May 20, 2019 

T.D. 9883

REG-125135-15

N/A

Deadline Passed
July 19, 2019

Transition From Interbank Offered Rates
Sec. 860G, 882, 1001, 1275

Oct. 9, 2019

REG-118784-18

Deadline Passed
Nov. 25, 2019

GILTI
Sec. 951A

Oct. 4, 2019
Correction

Aug. 23, 2019
Correction

June 21, 2019
Final Regulations

Oct. 10, 2018

C2-2019-12437

C1-2019-12437

T.D. 9866

REG-104390-18

N/A

N/A

N/A

Deadline Passed
Nov. 26, 2018

Ownership Attribution
Sec. 958(b)

Oct. 2, 2019

REG-104223-18 

Rev. Proc. 2019-40

Deadline Passed

Dec. 2, 2019
N/A

Investors in Foreign Insurers (PFIC)
Sec. 1291, 1297, 1298

July 11, 2019

REG-105474-18

Deadline Passed
Sept. 9, 2019

GILTI
Sec. 958 and 951A

June 21, 2019

REG-101828-19

Deadline Passed
Sept. 19, 2019

Foreign Tax Credit

June 21, 2019
Final Regulations 

Dec. 7, 2018

T.D. 9866

REG-105600-18

N/A 

Deadline Passed
Feb. 5, 2019

Dividends Received Deduction
Sec. 954

June 18, 2019 

June 18, 2019
Final Temporary Regulations

REG-106282-18 

84 FR 28398 

Deadline Passed
Sept. 16, 2019

N/A

Deemed Income Inclusion
Sec. 956

May 23, 2019
Final Regulations

Nov. 5, 2018

T.D. 9859

REG-114540-18

N/A

Deadline Passed
Dec. 5, 2019

FDII and GILTI

April 12, 2019
Correction

March 6, 2019

C1-2019-03848 

REG-104464-18

N/A

Deadline Passed
May 6, 2019

 

Transition Tax
Sec. 965

 

April 10, 2019
Correction

Feb. 5, 2019
Final Regulations

Aug. 9, 2018

2019-07012

2019-07018

T.D. 9846 

REG-104226-18

N/A

N/A

N/A

Deadline Passed
Oct. 9, 2018

Certain Hybrid Arrangements
Sec. 245A(e) 267A

Dec. 28, 2018

REG-104352-18

Deadline Passed
Feb. 26, 2019

GILTI

Sept. 13, 2018

Rev. Proc. 2018-48

N/A

 

 

199A

Regulation

Latest Action

Regulation Link

Comment Countdown

Qualified Business Income Deduction – Real Estate Safe Harbor
Sec. 199A

Sept. 24, 2019

Rev. Proc. 2019-38

N/A

Rules for Cooperatives and their Patrons
Sec. 199A

June 19, 2019

REG-118425-18

Deadline Passed
Aug. 19, 2019

Qualified Business Income Deduction Sec. 199A

April 17, 2019
Correction

84 FR 15953

N/A

Qualified Business Income Deduction Sec. 199A

Feb. 8, 2019

REG-134652-18

Deadline Passed
April 9, 2019

Qualified Business Income Deduction
Sec. 199A

Feb. 8, 2019
Final Regulations

Aug. 16, 2018

T.D. 9847 

REG-107892-18

N/A

Deadline Passed
Oct. 1, 2018

W-2 Wages for Qualified Business Income Deduction
Sec. 199A

Jan. 18, 2019

Rev. Proc. 2019-11

N/A

Trade or Business Safe Harbor: Rental Real Estate
Sec. 199A

Jan. 18, 2019

Notice 2019-07

N/A

 

DOMESTIC BUSINESS

Regulation

Latest Action

Regulation Link

Comment Countdown

 

NOLs

Sec. 382(h)

 

Jan. 14, 2020

REG-125710-18

55 days

Opportunity Zones

 

Jan. 13, 2020

Final Regulations

 

May 1, 2019

 

Oct. 29, 2018

 

 

 

T.D.9889

 

REG-120186-18

 

REG-115420-18

 

 

N/A

 

Deadline Passed

July 1, 2019

 

Deadline Passed
Dec. 28, 2018

 

 

Executive Comp

Sec. 162(m)

 

Dec. 20, 2019

REG-122180-18

28 days

 

Spinoff Predecessor and Successor Rules

Sec. 355(e)

 

 

Dec. 16, 2019

Final Regulations

 

 

Dec. 19, 2016

 

 

Nov. 22, 2004

 

 

T.D. 9888

 

 

T.D. 9805

REG-140328-15

 

REG-145535-02

 

 

N/A

 

 

N/A

Deadline passed

March 20, 2017

 

 

Deadline passed

February 22, 2005

 

 

Eligible Terminated S Corporations

Sec. 481, 1377

 

Nov. 7, 2019

REG-131071-18

Deadline Passed

Dec. 23, 2019

 

Treatment of Certain Interests in Corporations as Stock or Indebtedness

Sec. 385

 

Nov. 4, 2019

REG-123112-19

13 days

Debt-Equity Documentation

Sec. 385

Nov. 4, 2019

Final Regulations

 

Sept. 24, 2018

 

TD 9880

 

REG-130244-17

 

N/A

 

Deadline Passed

Dec. 24, 2018

Partnership Liability

Sec. 707

 

Oct. 9, 2019

Final Regulations

 

June 19, 2018

 

 

TD 9876

 

REG-131186-17

 

N/A

 

Deadline Passed

July 19, 2018

Full Expensing
Sec. 168(k)

Sept. 24, 2019

REG-106808-19

Deadline Passed
Nov. 25, 2019

Full Expensing
Sec. 168(k)

Sept. 24, 2019
Final Regulations

Aug. 8, 2018

TD 9874

REG-104397-18

N/A 

Deadline Passed
Oct. 9, 2018

Built-In Gains and Losses
Sec. 382

Sept. 10, 2019

REG-125710-18

Deadline Passed

Nov. 12, 2019

Certain Transfers of Property to RICs and REITs

June 7, 2019
Final Regulations

June 8, 2016

T.D. 9862

REG-126452-15

N/A

Deadline Passed
August 8, 2016

Certified Professional Employer Orgs.
Sec. 7705 and 3511

May 28, 2019
Final Regulations 

May 6, 2016

T.D. 9860

REG-127561-15

N/A 

Deadline Passed
August 4, 2016

Interest Deduction Limitation
Sec. 163(j)

Dec. 28, 2018

REG-106089-18

Deadline Passed
Feb. 26, 2019

Sec. 162(m)

Aug. 21, 2018

Notice 2018-68

N/A

Carried Interest
Sec. 1061

March 1, 2018

Notice 2018-18

N/A


 

 EXEMPT ORGANIZATIONS

Regulation

Latest Action

Regulation Link

Comment Countdown

UBIT
Sec. 512(a)

Dec. 9, 2019
Final Regulations 

Feb. 06, 2014 

T.D.9886 

REG-143874-10

N/A

Deadline Passed
May 7, 2014

Time and manner for filing and paying excise taxes
Sec. 4960, 4966, 4967, and 4968

April 9, 2019
Final Regulations

Nov. 7, 2018

T.D. 9855 

REG-107163-18

N/A

Deadline Passed
Dec. 7, 2018

Excise Tax on Executive Compensation
Sec. 4960

Dec. 31, 2018

Notice 2019-09

N/A

UBIT
Sec. 274 and 512

Dec. 10, 2018

Notice 2018-99

N/A

UBIT
Sec. 512(a)(6)

Aug. 21, 2018

Notice 2018-67

N/A

Higher Education Excise Tax
Sec. 4968

June 8, 2018

Notice 2018-55

Deadline Passed
Sept. 6, 2018

 

 

 

 

 

OTHER

Regulation

Latest Action

Regulation Link

Comment Countdown

SALT
Sec. 162, 164, 170

Dec. 13, 2019 

Dec. 28, 2018

REG-107431-19 

Rev. Proc. 2019-12

10 days

N/A

Estate and Gift Taxes
Sec. 2010(c)(3) 

Nov. 26, 2019
Final Regulations 

Nov. 23, 2018

T.D. 9884

REG-106706-18

N/A

Deadline Passed
Feb. 21, 2019

E-Filing of Health Insurance Information
Sec. 9010(a)

Nov. 13, 2019
Final Regulations

December 9, 2016

T.D. 9881

REG-123829-16

N/A

Deadline Passed
March 9, 2017

Life Insurance Reporting Rules
Sec. 101 and 6050Y

Oct. 25, 2019

Final Regulations
March 25, 2019

T.D. 9879

REG-103083-18

N/A

Deadline Passed
May 9, 2019

ABLE Accounts
Sec. 529A

Oct. 10, 2019

REG-128246-18

Deadline Passed
Jan. 8, 2020

HRA’s
Sec. 2711

Sept. 30, 2019

REG–136401–18

Deadline Passed
Dec. 30, 2019

Hardship Distributions
Sec. 401(k)

Sept. 23, 2019
Final Regulations

Nov. 14, 2018

TD 9875

REG-107813-18

N/A 

Deadline Passed
Jan. 14, 2019

Accounting Methods
Sec. 451(b) and 451(c)

Sept. 9, 2019

REG-104870-1 

REG-104554-18

Deadline Passed
Nov. 8, 2019

University Endowment Income
Sec. 4968

July 3, 2019

REG-106877-18

Deadline Passed
Oct. 1, 2019

HRA’s
Sec. 2711

June 20, 2019
Final Regulations

T.D. 9867

N/A

SALT
Sec. 170

June 13, 2019
Final Regulations

Aug. 27, 2018

T.D. 9864

REG-112176-18

N/A

Deadline Passed
Oct. 11, 2018

Interests Held by Foreign Pension Funds (PATH Act)
Sec. 897

June 7, 2019

REG-109826-17

Deadline Passed
Sept. 5, 2019

Market Discount Guidance
Sec. 451(b)

Sept. 27, 2018

Notice 2018-80

N/A

Safe Harbor of Eligible Rollover Distributions

Sept. 20, 2018

Notice 2018-74

N/A

Education Savings

July 30, 2018

Notice 2018-58

N/A

Health Savings Accounts

March 5, 2018

Rev. Proc. 2018-18

Rev. Proc. 2018-27

N/A

 

 

TAX TIDBIT

Welcome back from the long weekend in remembrance of Dr. Martin Luther King, Jr., who once said “all labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” So, we bring yet another edition of Taxation & Representation—this labor of love is for our readers, so let’s get into it.

Let Them Drink…Beer? With the House out for a district work period and the Senate focused on President Trump’s impeachment trial, the biggest tax story to watch this week will be happening in Davos, Switzerland. The annual World Economic Forum (WEF) is this week and world leaders will discuss everything from cybersecurity to the future of energy. Also on the agenda are how to revamp the current international tax regime and ongoing contentious negotiations between French and U.S. officials.

For a quick recap on where negotiations stand related to the Organization for Economic Cooperation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) project and the French-U.S. dispute over digital services taxes, click here and here.

French and U.S. officials are eager to reach a compromise on the new French digital tax that would hit American tech giants. In response to the tax, President Trump threatened in December to levy a retaliatory tax on some iconic French goods, including wine, cheese and certain luxury goods, such as handbags. Those threats seem to be on hold for now—on Jan. 20, French President Emmanuel Macron and President Trump reached a tentative agreement that neither country will impose tariffs this year, and France will refrain from collecting receipts for its digital services tax until November.

While the U.S. and France have reached an understanding, other European countries may still move ahead with plans to implement a digital tax. Earlier today, Treasury Secretary Steve Mnuchin warned Italy and Britain that if they proceed with similar digital taxes, the U.S. will respond in kind and impose tariffs. Mnuchin’s message resonated across the border as Canadian Heritage Minister Steven Guilbeault said earlier this week that Prime Minister Justin Trudeau’s administration is reconsidering the path forward on the digital tax. While he praised the French digital tax, Guilbeault said the Canadian approach “will be different” and that rather than unilaterally impose a similar tax, there should be a “concerted effort by many countries.”

With these latest developments in mind, what should you be watching this week? Well, outside of Davos, OECD finance ministers met today in Brussels, Belgium to discuss the group’s progress on its efforts to update global tax norms. During the meeting, France, Germany, Italy, the United Kingdom and the European Commission all opposed the voluntary option proposed by the U.S.

Tomorrow, Mnuchin will meet with his French counterpart, Bruno Le Maire, at the World Economic Forum, which President Trump is also attending. Mnuchin and Le Maire are expected to discuss the digital services tax. Le Maire published an op-ed in the Wall Street Journal last week explaining that France will not back down in light of tariff threats from the U.S. La Maire also spoke with National Economic Council Director Larry Kudlow on Thursday about how the two countries can avoid further escalation. According to Le Maire, he presented a number of potential solutions to Kudlow. Mnuchin and Le Maire are expected to discuss the proposals tomorrow during their meeting.

Next week, from Jan. 29-30, the OECD will meet in Paris to further discuss their BEPS project. According to two OECD officials, the bloc will not be able to meet its June deadline for proposing a global compromise.  

The Brownstein Tax Policy Team will be keeping a close eye on the latest developments overseas. Stay tuned for updates!

 

LEGISLATIVE LOWDOWN

 

Giving Green Another Go. Since retaking the House, congressional Democrats have not been shy about their support for enacting green energy tax incentives. House Ways and Means Committee Democrats unveiled draft legislation last November—the Growing Renewable Energy and Efficiency Now (GREEN) Act—that contained provisions to incentivize the use and development of green energy. While the draft legislation was never formally marked up, congressional Democrats attempted to attach some if its provisions to the year-end tax package (P.L.116-94). However, many of their asks, including electric vehicle (EV) incentives and extensions of offshore wind facility credits and solar tax credit, were ultimately left out. Now, committee Chair Richard Neal (D-MA) wants the committee to revisit the draft legislation through a formal markup, sometime before April.

You Get a Tax Cut, and You Get a Tax Cut! In an attempt to expand the Tax Cuts and Jobs Act (TCJA, P.L.115-97), President Trump and congressional Republicans are working on another round of tax cuts, dubbed “Tax Cuts 2.0.” Last week, National Economic Council Director Larry Kudlow said although discussions are in early stages, the White House continues to have conversations with top tax writing committee Republicans, including House Ways and Means Committee Ranking Member Kevin Brady (R-TX). As former chair of the committee, Brady led passage of the TCJA in 2017. Details on the current Tax Cuts 2.0 effort are scarce, and Kudlow said it will be “many months” until a fully formed plan is ready, although President Trump signaled a plan would be unveiled before April 20. Kudlow hinted the package may include a reduction of the 22% individual tax bracket down to 15%. A full plan is expected in late summer, according to Kudlow, and will “create 1.5 million new jobs.” Treasury Secretary Steven Mnuchin said yesterday that the Trump administration’s budget proposal, which is expected in February, will include a middle-class tax cut as well.

 

REGWATCH

 

Crossing the TCJA Finish Line. Last week, the Treasury Department and the Internal Revenue Service (IRS) finally released the agency’s New Year’s resolution: complete all regulatory guidance related to the Tax Cuts and Jobs Act (TCJA, P.L.115-97) by the end of 2020. The ambitious goal would require the IRS to release guidance more expeditiously than it did following enactment of the Tax Reform Act of 1986 (P.L.99-514), but at least some Treasury Department officials are feeling optimistic. Since passage of the TCJA in December 2017, the IRS has fully completed about 60% of its work related to the landmark tax reform law. According to one agency official, taking all final and proposed regulations into consideration leaves the work “close to 90%” complete. To meet the self-imposed deadline, the IRS will have to issue guidance on some significant provisions yet to be fully addressed, such as carried interest and executive compensation.

Senate Democrats Look Into Regulatory Process. Last week, Senate Finance Committee Ranking Member Ron Wyden (D-OR) and Democratic committee members Sens. Sherrod Brown (D-OR), Bob Casey (D-PA), Sheldon Whitehouse (D-RI) and Catherine Cortez Masto (D-NV) sent a letter to Treasury Secretary Steve Mnuchin and Office of Management and Budget (OMB) Acting Director Russell Vought about how the Trump administration is using the regulatory process, now governed by a Memorandum of Understanding between the bodies, to reshape tax law. Specifically, the group accused the Treasury Department and OMB of “using the new system’s complexity as a means to give even more tax cuts to corporations through the secretive regulatory process where corporations and their armies of lobbyists exercise undue influence.” The letter includes a request for a complete list of meetings that Office of Information and Regulatory Affairs chief Paul Ray, Mnuchin, and a handful of other Treasury Department officials attended in relation to international regulations that may have benefitted multinational corporations.

1111 CONSTITUTION AVENUE

IRS to Return Sequestered Funds. On Thursday, the IRS announced plans to return sequestered funds to businesses impacted by a December 2018 OMB determination regarding the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. In its announcement, the IRS said funds claimed under Section 168(k)(4) of the code would no longer be considered subject to sequestration, expanding on the 2018 determination that exempted refunds taken under Section 53(e). The agency says fewer than 1,000 businesses qualify for this refund, and they do not need to do anything to get their money back.

 

GLOBAL GETDOWN

 

Hogan Visits Washington. In the lead up to this week’s World Economic Forum, European Union Trade Commissioner Phil Hogan was in Washington, D.C. participating in a number of meetings with Trump administration officials and congressional tax leaders. Hogan began with a Jan. 14 meeting with U.S. Trade Representatives (USTR) Robert Lighthizer and Japanese trade minister Hiroshi Kajiyama. After initial discussions, Hogan released a video explaining how the Europeans and the U.S. "have more in common than perhaps we realized and that we want to engage in cooperation and dialogue rather than confrontation."

On Jan. 16, Hogan sat down with House Ways and Means Committee Chair Richard Neal (D-MA) and Ranking Member Kevin Brady (R-TX)—all of whom reportedly left the meeting feeling optimistic. Neal later released a statement expressing his interest in avoiding additional tariffs, and Brady urged the French to reverse course on its digital services tax. Hogan also met with Senate Finance Committee Chair Chuck Grassley (R-IA), who previously urged the Treasury Department and the French government to provide additional time for negotiations, noting that the self-imposed deadline is unrealistic.

On Jan. 17, Hogan again met with Lighthizer and Treasury Secretary Steven Mnuchin. Though the officials did not outline definitive next steps, Hogan reportedly left town more confident in the prospects of a deal between the Americans and Europeans. In his first trip to Washington in his current role, Hogan said he "was very happy with the level of engagement, the very positive cooperative spirit we had with all our interlocutors in the administration." So far, so good.

Not so fast—after Hogan’s departure, Pascal Saitn-Amans, the Director of the OECD’s Center for Tax Policy and Administration, released a statement noting that the OECD has reached an impasse over the United States’ continued insistence that parts of the proposed framework be optional for multi-national corporations. “The optionality proposal is still on the table and it’s acting as a barrier to discussions,” he said.

The discussion over reorienting the global tax system will surely see developments this week as top finance officials from the U.S. and Europe meet in Davos.

 

AT A GLANCE

 

  • NJ SALT Workaround. On Monday, New Jersey Gov. Phil Murphy (D) signed into law a bill that provides small businesses and partnerships a way to avoid the $10,000 federal cap on state and local tax deductions. The law allows some entities to pay state income tax as a business tax, rather than at the partner level. Proponents are confident it will withstand any federal scrutiny.
     
  • Cha-Ching. New Treasury Department data unveiled last week revealed that corporate tax receipts have continued to increase in recent quarters. The data showed that corporations paid an additional 24.5% in taxes last quarter compared to the same time the previous year. The Treasury Department expects corporate receipts for the current fiscal year to rise to $253 billion, a 10% increase from the previous fiscal year.

 

BROWNSTEIN BOOKSHELF

 

  • GAO Report. The U.S. Government Accountability Office (GAO) assesses the Internal Revenue Service’s (IRS) collaboration efforts with other agencies to communicate tax law changes, performance in providing customer service and areas of opportunity for the IRS to improve. Read the eight recommendations here.
  • EITC Expensive Expansion. The Republican members of the House Budget Committee released a report on January 16, 2020, which highlights that an expansion of the Earned Income Tax Credit would cost the federal government $2.9 trillion over 10 years.
  • Decade of Expiring Provisions. The Joint Committee on Taxation prepared a document listing federal tax provisions scheduled to expire in 2020—2029.

 

REGULATION STATION

INTERNATIONAL

Regulation

Latest Action

Regulation Link

Comment Countdown

Foreign Partner Transfer Rules

Jan. 23, 2020
Final Rules

Jan. 19, 2017

T.D.9891

REG-127203-15

N/A 

Deadline Passed
April 19, 2017

Foreign Tax Credit
Sec. 965(g)

Dec. 17, 2019

Dec. 2, 2019
Final / Temporary Regulations

REG-105495-19

T.D.9882

28 days

N/A

Dividend Equivalent
Sec. 871(m)

Dec. 16, 2019
Final Regulations

Jan. 24, 2017

T.D. 9887 

REG-135122-16 

N/A 

Deadline Passed
April 14, 2017

BEAT
Sec. 59A

Dec. 2, 2019

Final Regulations 
Dec. 21, 2018

T.D. 9885

REG-104259-18

N/A

Deadline Passed
Feb. 19, 2019

BEAT
Sec. 59A 

Dec. 2, 2019

REG-112607-19

14 days

Ownership Attribution
954(d)(3)

Nov. 19, 2019
Final Regulations 

May 20, 2019 

T.D. 9883

REG-125135-15

N/A

Deadline Passed
July 19, 2019

Transition From Interbank Offered Rates
Sec. 860G, 882, 1001, 1275

Oct. 9, 2019

REG-118784-18

Deadline Passed
Nov. 25, 2019

GILTI
Sec. 951A

Oct. 4, 2019
Correction

Aug. 23, 2019
Correction

June 21, 2019
Final Regulations

Oct. 10, 2018

C2-2019-12437

C1-2019-12437

T.D. 9866

REG-104390-18

N/A

N/A

N/A

Deadline Passed
Nov. 26, 2018

Ownership Attribution
Sec. 958(b)

Oct. 2, 2019

REG-104223-18 

Rev. Proc. 2019-40

Deadline Passed

Dec. 2, 2019
N/A

Investors in Foreign Insurers (PFIC)
Sec. 1291, 1297, 1298

July 11, 2019

REG-105474-18

Deadline Passed
Sept. 9, 2019

GILTI
Sec. 958 and 951A

June 21, 2019

REG-101828-19

Deadline Passed
Sept. 19, 2019

Foreign Tax Credit

June 21, 2019
Final Regulations 

Dec. 7, 2018

T.D. 9866

REG-105600-18

N/A 

Deadline Passed
Feb. 5, 2019

Dividends Received Deduction
Sec. 954

June 18, 2019 

June 18, 2019
Final Temporary Regulations

REG-106282-18 

84 FR 28398 

Deadline Passed
Sept. 16, 2019

N/A

Deemed Income Inclusion
Sec. 956

May 23, 2019
Final Regulations

Nov. 5, 2018

T.D. 9859

REG-114540-18

N/A

Deadline Passed
Dec. 5, 2019

FDII and GILTI

April 12, 2019
Correction

March 6, 2019

C1-2019-03848 

REG-104464-18

N/A

Deadline Passed
May 6, 2019

 

Transition Tax
Sec. 965

 

April 10, 2019
Correction

Feb. 5, 2019
Final Regulations

Aug. 9, 2018

2019-07012

2019-07018

T.D. 9846 

REG-104226-18

N/A

N/A

N/A

Deadline Passed
Oct. 9, 2018

Certain Hybrid Arrangements
Sec. 245A(e) 267A

Dec. 28, 2018

REG-104352-18

Deadline Passed
Feb. 26, 2019

GILTI

Sept. 13, 2018

Rev. Proc. 2018-48

N/A

 

 

199A

Regulation

Latest Action

Regulation Link

Comment Countdown

Qualified Business Income Deduction – Real Estate Safe Harbor
Sec. 199A

Sept. 24, 2019

Rev. Proc. 2019-38

N/A

Rules for Cooperatives and their Patrons
Sec. 199A

June 19, 2019

REG-118425-18

Deadline Passed
Aug. 19, 2019

Qualified Business Income Deduction Sec. 199A

April 17, 2019
Correction

84 FR 15953

N/A

Qualified Business Income Deduction Sec. 199A

Feb. 8, 2019

REG-134652-18

Deadline Passed
April 9, 2019

Qualified Business Income Deduction
Sec. 199A

Feb. 8, 2019
Final Regulations

Aug. 16, 2018

T.D. 9847 

REG-107892-18

N/A

Deadline Passed
Oct. 1, 2018

W-2 Wages for Qualified Business Income Deduction
Sec. 199A

Jan. 18, 2019

Rev. Proc. 2019-11

N/A

Trade or Business Safe Harbor: Rental Real Estate
Sec. 199A

Jan. 18, 2019

Notice 2019-07

N/A

 

DOMESTIC BUSINESS

Regulation

Latest Action

Regulation Link

Comment Countdown

 

NOLs

Sec. 382(h)

 

Jan. 14, 2020

REG-125710-18

55 days

Opportunity Zones

 

Jan. 13, 2020

Final Regulations

 

May 1, 2019

 

Oct. 29, 2018

 

 

 

T.D.9889

 

REG-120186-18

 

REG-115420-18

 

 

N/A

 

Deadline Passed

July 1, 2019

 

Deadline Passed
Dec. 28, 2018

 

 

Executive Comp

Sec. 162(m)

 

Dec. 20, 2019

REG-122180-18

28 days

 

Spinoff Predecessor and Successor Rules

Sec. 355(e)

 

 

Dec. 16, 2019

Final Regulations

 

 

Dec. 19, 2016

 

 

Nov. 22, 2004

 

 

T.D. 9888

 

 

T.D. 9805

REG-140328-15

 

REG-145535-02

 

 

N/A

 

 

N/A

Deadline passed

March 20, 2017

 

 

Deadline passed

February 22, 2005

 

 

Eligible Terminated S Corporations

Sec. 481, 1377

 

Nov. 7, 2019

REG-131071-18

Deadline Passed

Dec. 23, 2019

 

Treatment of Certain Interests in Corporations as Stock or Indebtedness

Sec. 385

 

Nov. 4, 2019

REG-123112-19

13 days

Debt-Equity Documentation

Sec. 385

Nov. 4, 2019

Final Regulations

 

Sept. 24, 2018

 

TD 9880

 

REG-130244-17

 

N/A

 

Deadline Passed

Dec. 24, 2018

Partnership Liability

Sec. 707

 

Oct. 9, 2019

Final Regulations

 

June 19, 2018

 

 

TD 9876

 

REG-131186-17

 

N/A

 

Deadline Passed

July 19, 2018

Full Expensing
Sec. 168(k)

Sept. 24, 2019

REG-106808-19

Deadline Passed
Nov. 25, 2019

Full Expensing
Sec. 168(k)

Sept. 24, 2019
Final Regulations

Aug. 8, 2018

TD 9874

REG-104397-18

N/A 

Deadline Passed
Oct. 9, 2018

Built-In Gains and Losses
Sec. 382

Sept. 10, 2019

REG-125710-18

Deadline Passed

Nov. 12, 2019

Certain Transfers of Property to RICs and REITs

June 7, 2019
Final Regulations

June 8, 2016

T.D. 9862

REG-126452-15

N/A

Deadline Passed
August 8, 2016

Certified Professional Employer Orgs.
Sec. 7705 and 3511

May 28, 2019
Final Regulations 

May 6, 2016

T.D. 9860

REG-127561-15

N/A 

Deadline Passed
August 4, 2016

Interest Deduction Limitation
Sec. 163(j)

Dec. 28, 2018

REG-106089-18

Deadline Passed
Feb. 26, 2019

Sec. 162(m)

Aug. 21, 2018

Notice 2018-68

N/A

Carried Interest
Sec. 1061

March 1, 2018

Notice 2018-18

N/A


 

 EXEMPT ORGANIZATIONS

Regulation

Latest Action

Regulation Link

Comment Countdown

UBIT
Sec. 512(a)

Dec. 9, 2019
Final Regulations 

Feb. 06, 2014 

T.D.9886 

REG-143874-10

N/A

Deadline Passed
May 7, 2014

Time and manner for filing and paying excise taxes
Sec. 4960, 4966, 4967, and 4968

April 9, 2019
Final Regulations

Nov. 7, 2018

T.D. 9855 

REG-107163-18

N/A

Deadline Passed
Dec. 7, 2018

Excise Tax on Executive Compensation
Sec. 4960

Dec. 31, 2018

Notice 2019-09

N/A

UBIT
Sec. 274 and 512

Dec. 10, 2018

Notice 2018-99

N/A

UBIT
Sec. 512(a)(6)

Aug. 21, 2018

Notice 2018-67

N/A

Higher Education Excise Tax
Sec. 4968

June 8, 2018

Notice 2018-55

Deadline Passed
Sept. 6, 2018

 

 

 

 

 

OTHER

Regulation

Latest Action

Regulation Link

Comment Countdown

SALT
Sec. 162, 164, 170

Dec. 13, 2019 

Dec. 28, 2018

REG-107431-19 

Rev. Proc. 2019-12

10 days

N/A

Estate and Gift Taxes
Sec. 2010(c)(3) 

Nov. 26, 2019
Final Regulations 

Nov. 23, 2018

T.D. 9884

REG-106706-18

N/A

Deadline Passed
Feb. 21, 2019

E-Filing of Health Insurance Information
Sec. 9010(a)

Nov. 13, 2019
Final Regulations

December 9, 2016

T.D. 9881

REG-123829-16

N/A

Deadline Passed
March 9, 2017

Life Insurance Reporting Rules
Sec. 101 and 6050Y

Oct. 25, 2019

Final Regulations
March 25, 2019

T.D. 9879

REG-103083-18

N/A

Deadline Passed
May 9, 2019

ABLE Accounts
Sec. 529A

Oct. 10, 2019

REG-128246-18

Deadline Passed
Jan. 8, 2020

HRA’s
Sec. 2711

Sept. 30, 2019

REG–136401–18

Deadline Passed
Dec. 30, 2019

Hardship Distributions
Sec. 401(k)

Sept. 23, 2019
Final Regulations

Nov. 14, 2018

TD 9875

REG-107813-18

N/A 

Deadline Passed
Jan. 14, 2019

Accounting Methods
Sec. 451(b) and 451(c)

Sept. 9, 2019

REG-104870-1 

REG-104554-18

Deadline Passed
Nov. 8, 2019

University Endowment Income
Sec. 4968

July 3, 2019

REG-106877-18

Deadline Passed
Oct. 1, 2019

HRA’s
Sec. 2711

June 20, 2019
Final Regulations

T.D. 9867

N/A

SALT
Sec. 170

June 13, 2019
Final Regulations

Aug. 27, 2018

T.D. 9864

REG-112176-18

N/A

Deadline Passed
Oct. 11, 2018

Interests Held by Foreign Pension Funds (PATH Act)
Sec. 897

June 7, 2019

REG-109826-17

Deadline Passed
Sept. 5, 2019

Market Discount Guidance
Sec. 451(b)

Sept. 27, 2018

Notice 2018-80

N/A

Safe Harbor of Eligible Rollover Distributions

Sept. 20, 2018

Notice 2018-74

N/A

Education Savings

July 30, 2018

Notice 2018-58

N/A

Health Savings Accounts

March 5, 2018

Rev. Proc. 2018-18

Rev. Proc. 2018-27

N/A

 

 

Related Practices & Industries

Loading...