Key Takeaways
- Push on to restore research deduction
- Support for ERC claim limit legislation.
- IRA credits: too popular to repeal?
- Ambitions tax plans
- Is Trump committed to "one powerful bill" strategy?
- LLC dental practice foreclosure approved to cover owner taxes, even though other owner doesn't owe.
- National Tempura Day.
Immediate R&D Expensing Could Be Restored in 2025 - Cady Stanton and Doug Sword, Tax Notes ($):
A reconciliation measure in the 119th Congress is expected to tee up legislation to extend expiring provisions from the Tax Cuts and Jobs Act set to sunset at the end of 2025. Section 174 R&D expensing, which shifted from full expensing to amortization at the beginning of 2022, also could factor in as a high-interest provision in the tax package.
If it happens, it isn't likely to be retroactive.
Support Holds for Congressional Action on ERC - Caitlin Mullaney, Tax Notes ($):
...
Adopting an early application deadline “would be a sensible policy decision to both reduce the likelihood of continued fraud attempts with the credit and constrain the growing revenue cost of a program intended for pandemic relief years ago,” Garrett Watson of the Tax Foundation argued.
However, other observers, like Casey Clark of the National Association of Professional Employer Organizations, think such actions “would be catastrophic for a lot of companies.” He argued that businesses need certainty and with deadlines having been a moving target, “further pulling the rug out” from under them is bad policy.
Popularity of Energy Credits Could Limit IRA Repeal - Cady Stanton and Doug Sword, Tax Notes ($):
But a different group of 18 House Republicans wrote in an August 6, 2024, letter to House Speaker Mike Johnson, R-La., that they wouldn’t support a full repeal of the IRA because of the opportunities some of the investments have created in their districts, urging him to prioritize reversing harmful policies from the law while protecting those that help America become more energy independent.
Teeing up Tax in the New Congress
Trump, Republicans prep ambitious but fraught plan for tax cuts and more - Jacob Bogage and Marianna Sotomayor, Washington Post:
That move could help the party’s leaders push past internal disagreements over spending and the national debt — but it could also constrain the party’s legislative ambitions and force lawmakers to work around fixed deadlines with high stakes.
The one powerful bill strategy - Bernie Becker, Politico:
That’s music to the ears of the GOP’s supply-side contingent, who have said that Republicans need to lock in the expiring tax cuts quickly to avoid injecting uncertainty into the economy.
But it’s also far from clear whether Republicans would be able to meet that challenge. In fact, some Senate Republicans, like Ron Johnson of Wisconsin, are still publicly advocating for a two-step approach that would give Trump a quicker victory on border security.
GOP Confused Over Budget Strategy Amid Mixed Signs from Trump - Ken Tran and Jack Fitzpatrick, Bloomberg ($):
Trump’s indecisiveness might normally not matter, but in this case, it could hold up a major bill. Republican lawmakers, debating a legislative strategy, have turned to the president-elect for direction. And once they’ve settled on a one- or two-track approach, the reconciliation process makes it difficult to reverse course.
Watch These Key Players in Congress During the 2025 Tax Talks - Chris Cioffi, Bloomberg ($). "Cost estimates by the nonpartisan Joint Committee on Taxation and the Congressional Budget Office for proposed legislation can mean the difference between passage or failure."
Blogs and Bits
6 January tax moves to make this Happy New 2025 Tax Year - Kay Bell, Don't Mess With Taxes. "1. Pay your estimated taxes. It’s no surprise to regular readers that this is, again, the first tax move to make in January. Even before we can file our annual tax returns for last year, Uncle Sam has his hand out, wanting estimated tax payments from those of us who got income that wasn’t subject to withholding last year. The fourth and final amount for the prior tax year is due by Jan. 15."
January 31 Deadline is Approaching for Forms W-2 and 1099 - Parker Tax Pro Library. "Persons filing more than 10 information returns of any type must file all information returns electronically. Persons who are required to file information returns electronically but who fail to do so (without an approved waiver) are treated as having failed to file the return unless the person shows reasonable cause for the failure. The penalty for failing to timely file a return electronically applies separately to original returns and corrected returns."
Employer Reporting Improvement Act (HR 3801) Signed Into Law - Ed Zollars, Current Federal Tax Developments. "Electronic Statements: This provision states that individuals are considered to have consented to receive health coverage statements electronically if they have previously consented to electronic delivery with their employer, unless they revoke consent in writing."
IRS Forms 1099 Arrive Soon And Are Key To How Much Tax You Will Owe - Robert Wood, Forbes. "How about the absence of a Form 1099? If you received income, you are required to report it, even if you do not receive a Form 1099 for a payment. Also, don't assume that no Form 1099 will arrive even if you don't receive a Form 1099 by February or March. There are penalties on companies that issue Forms 1099 late, but some come as late as April or May. That might occur after you have already filed your tax return."
Broken Government: Fitting The Puzzle Pieces Together - Eugene Steuerle, The Government We Deserve. "By concentrating so much of growing government resources on consumption for today’s and tomorrow’s old, the government continues to disinvest in the capabilities of the young, the middle-aged, and the old alike."
Painful Extraction Department
Judge Allows Sale Of Shared Dental Practice To Satisfy Taxes - Anna Scott Farrell, Law360 Tax Authority ($; dentist name omitted):
U.S. District Judge Robert Kirsch said the U.S. government is entitled to foreclose on a federal tax lien attached to [the delinquent taxpayer's] 50% share of his dental practice and office by selling the entirety of both and then compensating his partner from the proceeds.
...
The judge concluded that it would be too hard for the government to sell only [the delinquent taxpayer's] half of the business and office space, which relates to the first factor's interest in the government's financial interests.
The dental practice was set up as an LLC. While an LLC has its uses for asset protection, having a partner who pays his taxes helps too.
Related: Eide Bailly IRS Dispute Resolution & Collections Services.
What day is it?
It's National Tempura Day! "Although the Portuguese living in Nagasaki in the 16th century introduced it, tempura has become entrenched in Japanese culture, and you can find tempura everywhere in Japan today."
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