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Tax News & Views Basis Shifting Regs & Houseplants Roundup

By Bailey Finney
January 10, 2025
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Key Takeaways

  • Representative Arrington's tax pitch.
  • Republicans to meet at Mar-a-Lago to strategize tax plan.
  • $20,000 SALT Cap?
  • Bill introduced to repeal certain clean energy credits. 
  • Final Regs released on partnership basis shifting.
  • IRS issues guidance on clean vehicle credit. 
  • IRS Free File opens today. 
  • IRS Commissioner nominee faces scrutiny. 
  • National houseplant appreciation day!

Incoming Administration & Taxes

Arrington ‘accidentally’ pitches raising taxes in presentation to House GOP - Laura Weiss, John Bresnaham, Melanie Zanona, and Jake Sherman, Punchbowl News: 

At a House Republican lunch this week, Budget Committee Chair Jodey Arrington (R-Texas) was presenting a series of slides when he landed on a suggestion that sent people on and off Capitol Hill into a frenzy — raising the corporate tax rate.

...

But the idea of raising corporate taxes somehow made its way into the Texas Republican’s presentation. Arrington told us there was a “mistake” and he emphasized that such a rate hike “wasn’t even on the table” as part of his presentation. Yet at that Republican Study Committee lunch, Arrington intentionally floated other examples of ways to raise revenue in the tax code. These included clawing back clean energy tax credits from Democrats’ Inflation Reduction Act — a common, though politically fraught, GOP goal — and a SALT cap for corporations. Addressing “corporate SALT” would entail limiting what companies can deduct in state and local income taxes, much like Republicans did for individuals in 2017.

 

Rival Republican Factions Fight for Trump’s Approval - Richard Rubin, Wall Street Journal: 

Among those expected to meet with Trump are members of the far-right House Freedom Caucus demanding spending cuts and blue-state lawmakers focused on raising the $10,000 cap on state and local tax deductions. The idea is to write a bill that satisfies all of the House GOP’s corners while the party has postelection momentum and while Trump has maximum clout.

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While the House is forging ahead with the one-bill plan using the process known as budget reconciliation, Senate Republicans aren’t sold on the concept at all. Instead, they want to do a quick bill with border-security and defense money, then come back to the tax bill—also through reconciliation—later this year. The process lets fiscal bills pass with a simple majority in the Senate, rather than the 60 votes required of most legislation.

 

Legislative Choices And Taxpayer Advocate Concerns - Renu Zaretsky, Tax Policy Center. "TPC’s Howard Gleckman considers the GOP debate over whether President-elect Trump’s ambitious tax, border, and energy policies will be tackled through one sweeping reconciliation bill or divided into two bills. While President-elect Donald Trump and some in the GOP leadership prefer a singular approach to streamline passage, no matter the approach, intraparty divisions over spending cuts will likely complicate progress."

 

A $20,000 SALT Cap Would Be Costly, Mostly Benefit High-Income Households - Howard Gleckman, Forbes: 

On average, households making $200,000 or less would see no change in their after-tax incomes if Congress increases the cap to $20,000. For example, 99.4% of middle-income households would get no tax cut at all. For the 0.6% who would, the average tax cut would be $470 in 2025. Middle-income households would receive less than 1% of the benefit of raising the SALT cap in this way.

By contrast, those making between about $430,000 and $1 million (the highest-income 95% to 99% of households) would get a tax cut averaging nearly $1,400, or about 0.3% of their after-tax income. The nearly 60% of that group who would get some tax cut would see their taxes decline by an average of about $2,300.

 

Perry Announces Three Bills to Repeal Clean Energy ‘Handouts’ - Tax Analysts, Tax Notes ($). "The Restoring Energy Market Freedom Act, the Restoring Fuel Market Freedom Act, and the Restoring Vehicle Freedom Act would “repeal various tax handouts for so-called ‘renewable energy sources,’ electric vehicles, and the ethanol industry,” Rep. Scott Perry, R-Pa., said in a January 9 release."

 

Final and Proposed Regs

Treasury and IRS issue final rules identifying certain partnership related-party "basis shifting" transactions as transactions of interest - IRS: 

The Department of the Treasury and the Internal Revenue Service today issued final regulations identifying certain partnership related-party “basis shifting” transactions as transactions of interest – TOIs – subject to the rules for reportable transactions.

...

The final regulations identify certain partnership related-party basis adjustment transactions, and substantially similar transactions, as TOIs. They apply to related partners and partnerships that participated in the identified transactions through distributions of partnership property or the transfer of an interest in the partnership by a related partner to a related transferee. The affected taxpayers and their material advisors are subject to the disclosure requirements for reportable transactions.

 

Final Basis Shifting Reporting Regs Released - Kristen Parillo, Tax Notes ($): 

The final regs (T.D. 10028) issued January 10 require participating partnerships, partners, and material advisers to report a covered basis adjustment transaction to the IRS under the disclosure rules of sections 6011, 6111, and 6112.

Those who fail to comply with their reporting or list maintenance obligations are subject to various penalties and tolling of the statute of limitations on assessment.

 

Guidance on Commercial Clean Vehicle Credit issued - Mary Katherine Browne, Tax Notes ($): 

Treasury and the IRS have released new guidance on the commercial clean vehicle credit under section 45W. The proposed regulations (REG-123525-23) provide more information on the commercial clean vehicle credit added to the IRC by the  Inflation Reduction Act.

 

Treasury, IRS issue proposed regulations on new Roth catch-up rule, other SECURE 2.0 Act provisions - IRS: 

The Department of the Treasury and the Internal Revenue Service issued proposed regulations today addressing several SECURE 2.0 Act provisions relating to catch-up contributions, which are additional contributions under a 401(k) or similar workplace retirement plan that generally are allowed with respect to employees who are age 50 or older.

...

The proposed regulations also provide guidance relating to the increased catch-up contribution limit under the SECURE 2.0 Act for certain retirement plan participants. Affected participants include employees between the ages of 60-63 and employees in newly established SIMPLE plans.

 

 

IRS

IRS Free File Is Set To Open On January 10 For Eligible Taxpayers - Robert Farrington, Forbes: 

The Internal Revenue Service (IRS) announced that IRS Free File tax software programs will be available starting Friday, January 10, 2025. Free File is a program designed to help eligible taxpayers prepare and file their federal tax returns at no cost.

For taxpayers with an adjusted gross income of $84,000 or less, IRS Free Tax Software provides easy to use options for tax filers. This year, eight private-sector partners are participating in the program, with one offering support in Spanish.

 

Doubling The SALT Cap Would Be Expensive - Remu Zaretsky, Tax Policy Center: 

President-elect Trump’s nominee to lead the IRS, Billy Long, is under scrutiny, reports CBS News. Sen. Elizabeth Warren (D-MA) has raised questions about Long’s qualifications and his promotion of the employee retention tax credit, a program allegedly rife with fraudulent applications. While Democrats have concerns about Long’s limited tax and management experience, Senate Finance Chair Mike Crapo (R-ID) has voiced his support for Long’s nomination. 

 

Warren Presses IRS Pick On Employee Tax Credit Involvement - Asha Glover, Law 360 Tax Authority ($): 

The nominee, Billy Long, should answer questions about his tax experience and his involvement with the employee retention tax credit, or ERTC, the Democratic senator from Massachusetts said in a letter to Long dated Wednesday. She asked him to answer several questions by Jan. 26, including how many ERTC claims he has prepared or filed and how many of those claims have been challenged by the Internal Revenue Service.
 

 

Tax Trouble 

Aurora man indicted for defrauding surveying company and $2.3 million from COVID-19 relief programs - IRS (defendant  name omitted):

According to the indictment, from June 2019 until around November 2022, Defendant allegedly defrauded SurvWest, LLC, the surveying company in which he was majority shareholder of, to obtain over $843,452 for his own benefit, including to purchase an Aston Martin convertible, a Land Rover Range Rover Sport, and a Mercedes Benz G63.

The indictment further alleges that Defendant participated in a scheme to defraud the Small Business Administration and others to obtain emergency COVID-19 relief funds totaling over $2.3 million during the pandemic.

 

What day is it?

It's National Houseplant Appreciation Day!

 

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