Blueprint for Tax Reform
Now that Trump is officially the Chief of Executive, many people are expecting a significant tax reform legislation would be signed into law in 2017. We have previously shared Trump’s tax proposals promised during his presidential campaign. http://www.kyjcpa.com/news-updates/trumps-tax-policy/ Although not all of his proposals will be signed into law, we can expect he will have a significant influence in shaping a new tax reform bill. Let’s first understand the legislative process of turning a bill into law. We will then talk about where we are and what to expect.
As you may know, the United States Congress is consisted of the Senate and House of Representatives. Generally, a tax reform bill is originated from the House. The proposed bill goes through the House’s and Senate’s review and mark-ups. Before legislation could be sent to the president, both the House and Senate would need to pass identical versions of the legislation. A conference committee composed of members of the House and the Senate may be convened to reconcile the differences between the House and Senate bills. The House and Senate then would vote on the conference agreement and send it for the president’s signature. Unless the president exercises his veto right, the bill gets signed into a law.
Currently, the House Republicans published a “blueprint” reflecting much of the Trump’s tax policy and it is getting ready for the House and Senate’s review and mark-ups. With Republicans’ domination over the House and Senate, we can expect many of Trump’s tax policy would be reflected in the tax laws. During the course of the presidential campaign, Trump modified certain elements of his tax proposals to correspond more closely with the blueprint, and some of significant tax proposals contained in the blueprint is summarized below:
Corporate Tax Rate Reduction from 35% to 20% – During the presidential campaign, Trump introduced a single corporate federal tax rate of 15% to all businesses. However, the proposed rate included in the blueprint is 20%. The blueprint also contains a special tax at 25% for business income earned by passthrough entities. This could adversely affect S-corporations and partnerships, currently not subject to entity level taxes.
Repatriation Holiday – under present law, the U.S. tax on foreign earnings of foreign corporate subsidiaries is deferred until it is distributed back to the U.S. shareholders, generally. Trump introduced during his campaign, a special corporate tax repatriation holiday rate of 10% in order to bring the money stashed offshore back into the U.S. The blueprint contains a similar proposal which provides a mandatory repatriation tax at 8.75% for cash and 3.5% for non-cash assets. If enacted, multinational companies would be greatly impacted and a careful planning is advised.
Coupled with the repatriation holiday, the blueprint contains a 100% foreign dividend-received-deduction provision on post-enactment foreign earnings, and proposes to repeal the subpart F regime. If enacted, multinational businesses would have no reason to stash earnings and cash offshore.
Pro-U.S. Manufacturing – the blueprint and Trump’s tax policy contain a provision to allow firms engaged in manufacturing in U.S. to elect to expense capital investment in liu of taking deduction for interest expense. Under present tax law, companies tend to structure their capital with debt rather than equity to avoid double taxation. However, the blueprint contains a provision limiting interest deduction up to interest income. Coupled with full expensing of capital investment, interest deduction limitation provision will likely to shift capital structure of companies from debt to equity and encourage capital purchase rather than lease.
Destination-Based Tax – so called ‘border adjustment tax’ is one of the more interesting features included in the blueprint. The new tax system is intended to have the same effect as a value-added tax in that it would have the effect of taxing imports of goods and services and exempting exports. Under this new tax system, tax is levied on where the goods and services were consumed or rendered, rather than where they were produced or originated. In other words, all out-bound sales of goods and services would be exempt from taxation, and in-bound purchase of goods and services would be disallowed as deduction. If enacted, such provision would eliminate much of the complex international tax rules but it could add a complex task to businesses in allocating revenues and costs across borders. The proposal contained in the blueprint lacks in detail and we need to continually monitor how it develops through the legislation process. Trump has expressed that he is not in favor of incorporating this new destination based tax system in the tax reform. Accordingly, it is reasonably possible that this new taxing system would not be included in the bill.
Individual Taxation – much of what Trump proposed during the presidential campaign related to individual tax reform is included in the blueprint, including reduction of marginal tax rate for individuals from 39.6% to 33%, repeal of 3.8% net investment tax, repeal of AMT tax regime, and repeal of estate tax.
The House Republican Blueprint is a starting point of tax reform and it mirrors Trump’s tax reform prosed during his campaign. With Republicans’ domination over the House and Senate, significant tax reform reflecting what Trump promised during the campaign is expected. Taxpayers are recommended to continually monitor the tax legislation process and plan in advance to minimize adverse impact of the tax reform.
To see Korean version of this article, go to: http://www.kyjcpa.com/news-updates/blueprint-for-tax-reform-korean/