Tag: alternative minimum tax

Expiring Tax Credits, Incentives, Provisions: The Enemy of Predictability

From Forbes.com, “Congress Lets 50 Tax Breaks Expire

Among the disappearing breaks are the research tax credit and an annual alternative minimum tax “patch,” which keeps 23 million additional middle-income Americans from being forced into calculating and paying the dreaded AMT. (For 2009, with the patch in place, 4 million upper-middle- and high-income families will pay AMT.)

Wasn’t the AMT fix one of the major issues in Congress of 2007, roiling the political waters with claims and counterclaims about tax increases and irresponsible legislating? And it’s just an afterthought this year. Strange.

For manufacturers, the R&D tax credit is a major issue.

For businesses, the lapsing of the R&D credit–a $7 billion a year break–is a particular problem, since companies must plan for long-term research commitments amid uncertainty. Since its enactment in 1981, the credit has been extended 13 times; in the mid-1990s there was a one-year gap when it wasn’t extended retroactively.

“Companies are sensitive to that,” says Monica McGuire, executive secretary of the R&D Credit Coalition in Washington, which represents such research heavyweights as 3M, AT&T, GenentechHewlett-Packard, and Xerox. “If Congress is serious about jobs in this jobless recovery, they ought not to treat the credit like a yo-yo,” she adds.The lapse could also affect companies’ reported earnings, since they won’t be able to assume the credit will be extended.

The expiring estate tax is a particularly complicated case, full of questions of life and death and retroactivity. Forbes.com covered the issue in a good story last week, “Congress Throws Estate Plans Into Disarray,” anticipating litigation and administrative nightmares. To say the least.

 

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Ahead for the Senate: Votes on Tax Extenders

The Senate’s legislative uncertainty is beginning to resolve itself, at least when it comes to the schedule, with action expected soon on a tax package that will allow three possible amendments:

  • One to extend and expand various energy-related tax incentives, offset by tax increases. (Not to be confused with a major energy bill containing drilling provisions.)
  • A Senate majority leader’s amendment, addressing the Alternative Minimum Tax, possibly including tax offsets; and
  • An AMT/tax extenders bill that includes many beneficial provisions for manufacturers, partially offset with tax increases.

The Senate has tried several times this year without success to pass legislation to extend the expiring tax provisions (e.g. the R&D tax credit). The efforts fell short because politically unpalatable permanent tax increases were included in the legislation to “pay for” extensions of the expired or expiring tax provisions.

The first and third amendments represent an agreement worked out with Democratic and Republican leaders and the top Finance Committee members, so we expect them to gain the 60 votes needed to prevent a filibuster, even with tax increases included.

We’re watching the third amendment especially, the bipartisan legislation to extend expiring or expired individual and business tax provisions. Among other things, this amendment contains the NAM’s primary tax objectives for the year:

  • A seamless extension of a strengthened R&D credit;
  • An extension of deferral of U.S. tax on active business global financing income
  • An extension of the look-through rules for payments between related foreign corporations.

The total cost of the package is estimated at $125 billion, $25 billion of which is offset by a changing the tax treatment of the offshore income of hedge fund managers.

Even with plans for action getting clearer, we’ll refrain from making predictions about what Congress will ultimately produce. There may be moves in the House to amend the Senate language; the Blue Dog Democrats are pushing for offsets for all the tax relief provisions.

More…

CQ Politics, “Senate Could Start Voting on Tax Package Thursday

WebCPA, “Senate Leaders Agree on AMT Patch and Tax Extenders

RollCall, “Tax-Extender Bill Held Up Again

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