President Obama s FY 2016 budget calls for business tax reform; proposes new international and individual tax increases

Similar documents
Tax Reform and Insurance

Tax Provisions in Administration s FY 2016 Budget Proposals

Congress Begins Work on ETI Replacement Legislation (08/01/03)

Tax Provisions in Administration s FY 2016 Budget Proposals

The Tax Man Cometh For Insurance Cos. In Latest Budget

Enhance and permanently extend the research tax credit, and increase the rate of the alternative simplified research credit (ASC) from 14% to 17%.

U.S. Legislative Outlook Tom Patten 2 March 2011

Legal Alert: FY 2016 Budget Tax Proposals Target Insurance Companies

Tax Provisions in Administration s FY 2016 Budget Proposals

Obama Tax Compromise APPROVED by Congress

Swiss-American Chamber of Commerce Corporate Tax Reform - Impacts on Swiss and Other European Companies

Tax legislative outlook

tax bulletin State of Play: International Tax Policy in the 111 th Congress AUGUST 2010 By E. Ray Beeman and Samuel Olchyk

Tax Reform: An Overview of Proposals in the 112 th Congress

A History of Controlled Foreign Corporations and the Foreign Tax Credit

HowPros and Cons of Having a Successful Home Based Business

United States General Accounting Office. Testimony Before the Committee on Finance, United States Senate

TIPRO Legislative Update San Antonio, TX August 22, Ed McClellan Washington National Tax Services. Bobby Marandi PwC Houston.

M&A Tax Recent Guidance

General Explanations of the Administration s Fiscal Year 2017 Revenue Proposals

H.R. XXX Small Business Tax Relief Act of 2010

General Explanations of the Administration s Fiscal Year 2016 Revenue Proposals

Sponsored by: U.S. and Luxembourg Tax Update

*Brackets adjusted for inflation in future years Long Term Capital Gains & Dividends Taxable income up to $413,200/$457,600 0% - 15%*

LEGAL ALERT. February 16, Ready Aim Fire! FY 2012 Budget Proposals (Once Again) Target Insurance Companies

How do the 2016 Presidential Tax Plans Compare So Far?

The views and opinions expressed in this presentation are those of the author and presenter and do not necessarily reflect the views and opinions of

TAX RELIEF ACT EXTENDS CURRENT TAX RATES, RENEWS EXPIRING PROVISIONS AND PROVIDES NEW INCENTIVES FOR INVESTMENT

President s deficit reduction plan proposes significant tax hikes for high-income individuals, businesses

TAX PROVISIONS IN THE AMERICAN TAXPAYER RELIEF ACT OF 2012 (ATRA) James Nunns and Jeffrey Rohaly Urban-Brookings Tax Policy Center January 9, 2013

Obama Administration Budget Proposals Would Expand Impact on Tax-Favored Retirement Benefits

PFS Planning Update Planning for the Net Investment Income Tax, also known as the Medicare Contribution Tax

United States Corporate Income Tax Summary

Capital Gains Taxes: An Overview

Nevada enacts Commerce Tax effective July 1, 2015

2013 Federal Income Tax Update with The American Taxpayer Relief Act of 2012

Highlights of the 2010 Tax Relief Act

PATRICK J. RUBEY & COMPANY, LTD. CERTIFIED PUBLIC ACCOUNTANTS

Are We There Yet? Tax Reform Proposals and Prospects

How To Lower Tax Burden For More Companies

PRESENT LAW AND HISTORICAL OVERVIEW OF THE FEDERAL TAX SYSTEM

The American Jobs Creation Act of 2003

FACT SHEET: Administration's FY2015 Budget Tax Proposals

The President s Groundhog s Day Budget Casts a Shadow on Some but Offers Sunshine for Others

H.R Tax Reduction and Reform Act of 2007

PRESENT LAW AND HISTORICAL OVERVIEW OF THE FEDERAL TAX SYSTEM

IN THIS ISSUE: August, 2011 j Top Income Tax Planning Ideas for 2011 and 2012

What s on the Menu? How Will the Administration s Smorgasbord of Tax Proposals Affect You?

ACHIEVABLE CORPORATE TAX REFORM 2013 PETERSON INSTITUTE FOR INTERNATIONAL ECONOMICS DECEMBER 12, 2012

How To Write A Budget Plan For 2012

INTERNATIONAL TAX COMPLIANCE FOR GOVERNMENT CONTRACTORS

United States Progress Report on Fossil Fuel Subsidies Part 1: Identification and Analysis of Fossil Fuel Provisions

Business Tax Reform - The Businesses Are Facing Three New Burden

Instructions for Form 1116

Instructions for Form 1116

General Explanations of the Administration s Fiscal Year 2015 Revenue Proposals

Bunting, Tripp IngleyLLP

Life Insurance Companies and Products

Unanticipated Tax Changes in the United States

Crunch or Crucible? Upcoming Changes in the Federal Tax Law A Special Edition Tax Guide for Friends and Alumni of Pomona College

Extenders provisions in the Protecting Americans from Tax Hikes Act of 2015 & the Consolidated Appropriations Act, 2016

Medicare's New Administration Budget For Retirement and Welfare Plans

DEPARTMENT OF THE TREASURY TECHNICAL EXPLANATION OF THE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA AND

TAX RELIEF ACT UPDATED DECEMBER 29, 2010

Year-end Tax Planning Guide - 30 June 2013 BUSINESSES

January 17, The Honorable Max Baucus, Chairman Senate Committee on Finance 219 Dirksen Senate Office Building Washington, D.C.

Small Business and Work Opportunity Act of 2007 January 12, 2007

Congress passes 2012 Taxpayer Relief Act and averts fiscal cliff tax consequences

Hawaii Individual Income Tax Statistics

How To Get A Small Business Tax Credit

North Carolina s Reference to the Internal Revenue Code Updated - Impact on 2015 North Carolina Corporate and Individual income Tax Returns

OVERVIEW OF THE FEDERAL TAX SYSTEM AS IN EFFECT FOR 2013

OVERVIEW OF THE FEDERAL TAX SYSTEM AS IN EFFECT FOR 2012

U.S. Corporation Income Tax Return For calendar year 2015 or tax year beginning, 2015, ending, 20

Instructions for Form 1116 Foreign Tax Credit (Individual, Estate, or Trust)

Tax Relief Act of 2010 extends Bush-era tax cuts and carries a host of other tax breaks

2016 Tax Planning & Reference Guide

A Dynamic Analysis of President Obama s Tax Initiatives

Tax Reform in Brazil and the U.S.

TAX CHANGES IN THE HEALTHCARE REFORM ACT

Municipal Bond Tax Legislation or

U.S. Property and Casualty Insurance Company Income Tax Return. For calendar year 2014, or tax year beginning, 2014, and ending, 20.

National Conference of CPA Practitioners 50 Jericho Turnpike, Suite 106 (888) Jericho, NY (516)

Chapter 1 An Introduction to Taxation and Understanding the Federal Tax Law

Provinces and territories also impose income taxes on individuals in addition to federal taxes

H.R Housing Assistance Tax Act of 2008

An Overview of The Tax Relief Act on 2010

HOW THE TAX RELIEF ACT AFFECTS

THE WHITE HOUSE Office of the Press Secretary. FACT SHEET: A Simpler, Fairer Tax Code That Responsibly Invests in Middle Class Families

U.S. DEPARTMENT OF THE TREASURY

U.S. Income Tax Return for an S Corporation

The Jobs and Growth Tax Relief Reconciliation Act of 2003: What Businesses and Investors Need to Know

Details and Analysis of Senator Bernie Sanders s Tax Plan

Cash Versus Accrual Accounting: Tax Policy Considerations

ANALYSIS OF AMERICAN TAXPAYER RELIEF ACT OF 2012 (INCLUDING CALIFORNIA CONFORMITY)

IN THIS ISSUE: July, 2011 j Income Tax Planning Concepts in Estate Planning

Senate passes 2010 Tax Relief Act, featuring extension of Bush-era tax cuts & other tax breaks, plus stimulus measures

Ohio State University Extension, 2120 Fyffe Road, Columbus, OH 43210

CORPORATE TAX INVERSIONS

June 2, Re: Jobs and Growth Tax Relief Reconciliation Act of 2003

Transcription:

from Washington National Tax Services President Obama s FY 2016 budget calls for business tax reform; proposes new international and individual tax increases February 3, 2015 In brief President Obama on February 2 submitted an FY 2016 budget to Congress that reaffirms his support for business tax reform that would lower the top US corporate tax rate to 28 percent, with a 25-percent rate for domestic manufacturing income. The budget also proposes to make permanent the research credit and certain other business tax provisions, including CFC look-through and Subpart F exceptions for active financing income. The budget includes a number of small business tax reform proposals, including permanent increased limits on expensing and expanded use of cash accounting. The President s budget sets aside a large number of new and previously proposed tax increases in a reserve fund for long-term revenue-neutral business tax reform, but his budget identifies only part of the revenue that would be needed to support his proposed corporate rate reductions. Significant new international tax increase proposals include a one-time mandatory 14-percent tax on previously untaxed foreign income and a 19-percent minimum tax on future foreign income. The budget states that transition revenue from the 14-percent toll tax would go primarily to fund surface transportation programs. The budget re-proposes limits on excessive interest deductions and certain other revenue raisers included in previous budgets. The President s budget proposes roughly $1 trillion in tax increases for upper-income individuals, including new proposals to increase the top capital gains and qualified dividends tax rate to 28 percent, limit step-up in basis for inherited property, and impose a new fee on large financial institutions, as well as previous proposals to limit the value of itemized deductions and impose a Buffett rule minimum tax on higher incomes. The budget also includes a large number of loophole closers and proposals to reduce the tax gap through new compliance measures and increased information reporting. The budget calls for revenue from these proposals to be used to offset the cost of new middle-class tax reforms and to reduce the federal deficit. The Treasury Department s general explanations of the Administration s FY 2016 revenue proposals are provided in a 312-page Green Book. www.pwc.com

In detail Business tax reform Building on his 2012 framework for business tax reform, the President s FY 2016 budget calls for (1) lowering the top corporate tax rate to 28 percent, (2) providing a 25-percent rate for domestic manufacturing income, (3) reforming international tax rules, (4) simplifying and reducing taxes for small businesses, and (5) broadening the tax base to avoid adding to deficits in the short-run or the long run. The budget does not specify all of the base broadeners that would be required to offset the cost of lowering the top US corporate rate from 35 percent to 28 percent, but states that the rate reductions would be paid for by eliminating dozens of inefficient tax expenditures and through additional structural reforms addressing accelerated depreciation and reducing the tax preference for debt financed investment. Note: Revenue proposals in the President s budget are proposed to be effective generally after December 31, 2015. New foreign earnings minimum tax proposal: While President Obama mentioned a minimum tax on overseas profits in his 2012 business tax reform framework, the President s FY 2016 budget is the first time the Administration has laid out specific proposals for a minimum tax on foreign earnings. Under the Administration s budget proposal, a 19-percent minimum tax would apply to the foreign earnings of US corporations and their controlled foreign corporations (CFCs), less 85 percent of the 'per-country foreign effective tax rate.' So, for example, a CFC viewed as earning income in a given foreign country at a 25 percent effective rate (using rules the budget would apply for this purpose) would owe no US tax (85 percent of 25 percent = 21.25 percent, more than the 19 percent minimum). A CFC earning income in a foreign country at a 0-percent effective rate would owe the full 19 percent minimum US tax. The tentative minimum tax base for each country would be the total earnings of all business units that are tax resident in that country under foreign law, net of dividends received. The tentative minimum tax would be reduced by an allowance for corporate equity. The minimum tax would be imposed on foreign earnings regardless of whether they are repatriated to the United States, and all foreign earnings of a CFC could be repatriated without further US tax. Foreign source royalty and interest payments paid to US persons would be taxed at the US statutory rate, but certain income attributable to a foreign branch or to the performance of services abroad would be eligible for taxation at the minimum rate. The Treasury Department estimates that a 19-percent minimum tax on future foreign earnings would raise $205.9 billion over 10 years. The Administration also proposes a one-time 14-percent tax on previously untaxed foreign income. A credit would be allowed for the amount of foreign income taxes associated with such earnings, multiplied by the ratio of the one-time tax rate to the otherwise applicable US corporate tax rate. The earnings subject to the onetime tax could then be repatriated without any further US tax. The Treasury Department estimates that this one-time 14-percent tax on previously untaxed foreign income would raise $268.1 billion over 10 years. The Administration s budget proposes that most of this revenue would be used for surface transportation infrastructure investments, with $29.7 billion going to deficit reduction. Other new international tax proposals: The President s FY 2016 budget proposes to extend and make permanent look-through treatment for payments between related CFCs and Subpart F exceptions for active financing income. Previous Administration budgets have proposed temporary extensions of these provisions. The President s FY 2016 budget also proposes to repeal a delay in the implementation of worldwide interest allocation rules; this provision under current law has been delayed until taxable years beginning after 2020. Previously proposed international tax measures reserved in the budget for tax reform include proposals that would: Restrict deductions for excessive interest of members of a financial reporting group. Prevent avoidance of foreign base company sales income through manufacturing services arrangements. Create a new category of Subpart F income for transactions involving digital goods or services. Restrict the use of hybrid arrangements. Limit the application of exceptions under Subpart F for certain transactions that use reverse hybrids. Limit the ability of domestic entities to expatriate. 2 pwc

Prevent elimination of earnings and profits through distributions of certain stock. Limit shifting of income through intangible property transfers. Modify tax rules for dual capacity taxpayers. Disallow deductions for excess non-taxed reinsurance premiums paid to foreign affiliates. Tax gain from the sale of a partnership interest on lookthrough basis. Prevent use of leverage distributions from related foreign corporations to avoid dividend treatment. Extend section 338(h)(16) to certain asset acquisitions. Remove foreign taxes from a section 902 corporation s foreign tax pool when earnings are eliminated. Other revenue-raising proposals to be reserved for tax reform would: Treat publicly-traded partnerships for fossil fuels as C corporations. Note: this is a new proposal. Eliminate certain oil and gas preferences, including the domestic manufacturing deduction, expensing of intangible drilling costs, and percentage depletion. Eliminate certain coal preferences, including the domestic manufacturing deduction. Require that derivative contracts be marked to market with the resulting gain or loss treated as ordinary income. Modify treatment of insurance companies and products, including dividends-received deduction for life insurance company separate accounts. Repeal LIFO method of accounting Repeal lower-of-cost-or-market inventory accounting method. Modify depreciation rules for noncommercial general aircraft. Modify like-kind exchange rules for real property. Conform corporate ownership standards. Repeal gain limitation for dividends received in reorganization exchanges. Expand the definition of built-in loss for purposes of partnership loss transfers. Extend partnership basis limitation rules to non-deductible expenditures. Limit the importation of losses under related-party loss limitation rules. Deny deduction for punitive damages Tax increases to offset middleclass tax credits and reduce the federal deficit New capital gains tax proposals: As previously announced in advance of his January 20, 2015 State of the Union address, the President s FY 2016 budget proposes to increase the top rates on capital gains and dividend income to 28 percent for joint filers with incomes above $500,000, and proposes to change the estate tax carryover basis rules to limit the ability to step up the basis of inherited property. The Treasury Department estimates these changes in capital gains rules would raise $207.9 billion over 10 years. The limitations on step-up in basis for inherited property would exempt capital gains of up to $200,000 per couple ($100,000 per individual), and provide a separate $500,000 exemption for personal residences ($250,000 per individual). Tangible personal property, other than certain high-value art and collectibles, also would be exempt from capital gains tax. No capital gains tax would be due on inherited small, family-owned and operated business, unless and until the business is sold. An individual inheriting an interest in a closely held business would have the option to pay tax on gains over 15 years. Previously proposed individual tax increase proposals would: Limit to 28 percent the value of all itemized tax deductions and certain tax exclusions, including tax-exempt interest, employersponsored health insurance, and retirement contributions, for individuals with taxable incomes in the 33-percent, 35-percent, or 39.6-percent tax brackets. A similar limitation would apply under the alternative minimum tax. The Treasury Department estimates this proposal to raise $603.2 billion over 10 years. Implement a "Buffett Rule" 30- percent minimum tax, with carveout for charitable giving. The proposed minimum tax would be phased in for modified adjusted gross income starting at $1 million, and would be fully phased in at $2 million. This proposal is estimated to raise $35.1 billion over 10 years. Fee on large financial institutions The President s FY 2016 budget includes a new fee on large financial institutions. Specifically, the proposal 3 pwc

would impose a 7-basis-point fee on the liabilities of large US financial firms with assets of more than $50 billion. This proposal is estimated to raise $111.8 billion over 10 years. Additional proposed revenue offsets and loophole closers include proposals to: Tax 'carried interest' partnership income as ordinary income. Conform self-employment contributions act (SECA) taxes for professional services businesses, including S corporations, limited partnerships, general partnerships, and LLCs taxed as partnerships. Limit the total accrual of all individual retirement accounts (IRAs) and other tax-preferred retirement accounts; currently, the maximum permitted accumulation of tax-preferred retirement accounts for an individual age 62 would be approximately $3.2 million. Reinstate the estate tax at 2009 levels, with a top rate of 45 percent and a $3.5 million exemption. Require current inclusion in income of accrued market discount and limit the accrual amount of distressed debt. Require that the cost basis of portfolio stock that is a covered security must be determined using the average basis method. Reinstate Superfund taxes. Make permanent the FUTA surtax. Increase certainty with respect to worker classification. Restrict deductions for certain conservation easements. Expand tax gap compliance requirements. Disallow the deduction for charitable contributions that entitle donors to a right to purchase tickets to sporting events. Middle-class tax relief Provide a new second earner tax credit up to $500 for two-earner married couples, subject to wage limitations. Expand child care tax benefits up to $3,000 per child, subject to wage limitations. Simplify education tax benefits by consolidating several overlapping education provisions and make permanent and expand the American Opportunity Tax Credit to provide more students up to $2,500 each year over five years toward a college degree. Require 401(k) plans to expand eligibility to participate to longterm part-time employees, defined as those working at least 500 hours per year for at least three consecutive years. Business tax proposals The budget includes several business tax proposals that are intended to benefit small businesses, and provide incentives for manufacturing, research, clean energy, and infrastructure. New small business provisions would: Allow businesses with gross receipts of less than $25 million to use an overall cash method of accounting, regardless of whether the business holds inventories. Exceptions under current law allowing the overall cash method of accounting to be used by personal service corporations and by business entities that are not C corporations (other than partnerships with a C corporate partner), regardless of size, would continue. Extend and increase Section 179 expensing to $1 million. Note: The Administration previously proposed permanently increasing Section 179 expensing to $500,000. Additional previously proposed business tax incentives include proposals to: Enhance and make permanent the research credit. Modify and permanently extend the renewable electricity production tax credit. Eliminate capital gains taxation on investment in small business stock. Modify and permanently extend the New Markets Tax Credit, and other regional growth incentives. Extend and modify the work opportunity tax credit. Provide tax incentives for locating jobs and business activity in the United States, and remove tax deductions for shipping jobs overseas. Exempt certain foreign pension funds from FIRPTA rules. The budget also includes several business tax simplification proposals, including: Repeal of Section 197 antichurning rules. Repeal of the telephone excise tax. Repeal technical terminations of partnerships. Next steps Congressional committees will hold a series of hearings on the President s 4 pwc

budget. Treasury Secretary Jack Lew is scheduled to testify at a February 3 House Ways and Means Committee hearing and a February 5 Senate Finance Committee hearing. In a February 2 statement, House Ways and Means Committee Chairman Paul Ryan (R-WI) said that he want to find common ground with the Administration on reforming the tax code and other issues, but the new tax increase proposals in the President s budget put up yet another roadblock. In his statement, Senate Finance Committee Chairman Orrin Hatch (R- UT) said that the President s budget is a retread of top-down redistributive policies, and called on the President to move past political talking points and start working with Republicans and Democrats to find consensus on tax reform and other issues. The Finance Committee recently established five bipartisan tax reform working groups to develop proposals for tax reform legislation. The takeaway The release of the President s budget marks an early point in the debate over tax reform. While parts of the President s budget will be rejected by the Republican-controlled Congress, both President Obama and key Republican leaders in the House and Senate have indicated that they plan to focus on finding areas of common ground in an effort to enact tax reform legislation. With the focus now turning to the House Ways and Means Committee and the Senate Finance Committee, it will be important to stay engaged in the tax reform discussion. For more details on this year s key tax policy issues, see the PwC 2015 Tax Policy Outlook: Opportunities and challenges ahead Let s talk For a deeper discussion of how this might affect your business, please contact: Tax Policy Services Pam Olson (202) 414-1401 pam.olson@us.pwc.com Scott McCandless (202) 312-7686 scott.mccandless@us.pwc.com Don Carlson (202) 414-1385 donald.g.carlson@us.pwc.com National Economics & Statistics Drew Lyon (202) 414-3865 drew.lyon@us.pwc.com Rohit Kumar (202) 414-1421 rohit.kumar@us.pwc.com Ed McClellan (202) 414-4404 ed.mcclellan@us.pwc.com Andrew Prior (202) 414-4572 andrew.prior@us.pwc.com Peter Merrill (202) 414-1666 peter.merrill@us.pwc.com Brian Meighan (202) 414-1790 brian.meighan@us.pwc.com Lindy Paull (202) 414-1579 lindy.paull@us.pwc.com Larry Campbell (202) 414-1477 larry.campbell@us.pwc.com 2015 PricewaterhouseCoopers LLP, a Delaware limited liability partnership. All rights reserved. PwC refers to the United States member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. SOLICITATION This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. 5 pwc