Tax Tracker

Economic Stimulus | Incentives for Renewable Fuels | Tax Extenders | Alternative Minimum Tax Relief | Reform the Estate Tax | Small Business Tax Relief | Technical Corrections | Pension Technical Corrections | Internet Tax Moratorium | Mortgage Relief Act | Extend the Tax Cuts | Close the Tax Gap | Depletion of the Highway Trust Fund |

Tax Issues in the 110th Congress

CRS Report: The Flat Tax, Value-Added Tax, and National Retail Sales Tax: Overview of the Issues (March 14, 2008)
CRS Report: Tax Reform--An Overview of Proposals in the 110th Congress (Feb. 15, 2008)
CRS Report: Major Tax Issues in the 110 th Congress
CRS Report: Business Tax Issues in the 110 th Congress
JCT Overview of the Federal Tax System as in effect for 2007
CBO Budget Options Book – February 2007 (See “Revenue Options”)

 
Economic
Stimulus (2008)
Economic Stimulus Act of 2008
House Committee Jan 17, 2008: Bernanke Testimony at House Budget Committee
Jan 29, 2008: House Budget Committee hearing testimony on Economic Stimulus
House Floor Jan 28, 2008: HR 5140 Introduced in the House
Jan 28, 2008: JCT revenue estimate: House Bill
Jan 29, 2008: HR 5140 Passed 385-35
Feb 7, 2008: House agreed to the Senate amendment 380-34
Senate Committee

Jan 30, 3008: Finance Committee press releases on committee bill
Jan 30, 2008: Floor Statement of Chairman Baucus
Jan 30, 2008: JCT revenue estimate: Senate Finance Committee reported bill

Senate Floor Feb 7, 2008: Senate passes HR 5140 with an amendment (seniors and veterans) by a vote of 81-16
Conference Committee No conference; resolved as amendment between the houses
JCT publications Feb 13, 2008: Overview of Past Stimulus Legislation
Feb 8, 2008: Distributional Effects Economic Stimulus Act of 2008
Feb 8, 2008: Revenue Effects of the Economic Stimulus Act of 2008
Feb 8, 2008: Technical Explanation of the Economic Stimulus Act of 2008
Presidential Action Feb 13, 2008: Signed by President. Became Public Law 110-85.

 

Incentives for
Renewable Fuels
HR 5351 (2008)
Last year, Congress passed landmark energy legislation (PL 110-140) increasing fuel efficiency requirements for automobiles. However, overcoming a filibuster in the Senate required Democrats to drop other provisions calling for a renewable energy mandate on utilities, as well as extension of tax incentives for wind and solar power (expiring in 2008), paid for by rolling back existing petroleum tax preferences. These provisions were reintroduced in 2008 as HR 5351.
House Committee Feb 12, 2008: Chairman Rangel introduces HR 5351 (referred to Ways and Means)
House Floor Feb 27, 2008: Passed House 236-182
Senate Committee Feb 28, 2008: Referred to Senate Finance Committee
Senate Floor .
Conference Committee  
JCT Publications Estimated revenue effects of HR 5351
Technical Explanation of HR 5351
Presidential Action  

 

Tax "Extenders"

 

House Committee The House Ways and Means Committee passed HR 6049, a $54 billion tax extenders and energy incentives bill. Over 10 years, the bill spends about $27 billion on provisions to extend dozens of expired (and expiring) tax provisions. The bill also includes nearly $17 billion in energy tax incentives and about $10 billion in additional tax relief. The bill passed 25-12.JCT Revenue Estimate (summarizes the bill)
JCT Description (detailed description of provisions)
House Floor  
Senate Committee Senator Baucus introduced a draft "tax extenders" bill, S. 2886, on April 17th.
For a complete list of items under consideration, see the CRS Summary of S. 2886.
On the issue of offsets, 41 Republican Senators (the number needed to successfully filibuster legislation) have signed a letter opposing the use of any offsets for extenders or AMT relief. Text of the Senate Letter
Senate Floor  
Conference Committee  
Final Congressional Action  
Presidential Action  

 

AMT Relief (2007)

Relief from the Alternative Minimum Tax was scheduled to expire with tax year 2006. Background--In 1969, after Congress learned that taxpayers with incomes above $200,000 had paid no 1966 Federal tax, lawmakers enacted the AMT in order to ensure that everyone pays a minimum amount of tax, regardless of how many tax preferences or deductions they may technically be entitled to. In general, the AMT operates by requiring people to recalculate their taxes under alternative rules that (1) include certain forms of income exempt from regular tax and (2) disallow certain exemptions, deductions, and preferences.

Upper-middle and middle-income taxpayers are increasingly finding themselves subject to the AMT for two reasons. First, while the regular income tax is indexed for inflation, the AMT is not. Second, recent income tax rate reductions have narrowed the differences between regular and AMT tax liabilities.

According to CBO, until 2000, less than 1% of taxpayers paid AMT in any year. In 2001, 2003, and 2006, Congress enacted temporary increases in the AMT exemption amounts in order to mitigate the AMT’s increasing impact on middle-income taxpayers. However, if AMT relief had not been extended beyond 2006, in 2007 24 million taxpayers would have been subject to the AMT.

The most contentious issue during consideration of the AMT patch was whether to follow the new PAYGO rules and offset the bill's costs.

JCT Background on the AMT
CRS Report: Modifying the AMT
CRS Report: The Alternative Minimum Tax for Individuals: Legislative Initiatives in the 110th Congress
CBO article on AMT in Budget and Economic Outlook, see pages 88-89

House Committee

Nov 6, 2007: HR 3996 reported by Committee on Ways and Means. H.Rept. 110-431

House Floor Nov. 9, 2007: House passes HR 2996 by a vote of 216-193
Senate Floor Dec 6, 2007: Senate passes AMT patch but strips out the House offsets, 88-5. (HR 3996)
Conrad Statement on Waiving PAYGO
Final Congressional Action Dec. 19, 2007: House passes one-year AMT Patch, as amended by the Senate, without offsets, 352-64. (HR 3996)
Presidential Action Dec. 26, 2007: President signs HR 3996, PL 110-196

 

 

Reform the
Estate Tax

The estate and gift tax is a high-profile public policy issue that is widely misunderstood.  The estate and gift tax is a minor slice of the revenue pie, accounting for only 1% of Federal revenues. Because of the estate and gift tax “exemption,” as well as various deductions, the tax impacts only a tiny percentage of Americans. For example, only 2% of all deaths in the United States. in tax year 2001 resulted in estate tax liability; in 2008, only 0.5% of estates are taxed, due to the increasing exemption.

The estate tax is applied when property is transferred at death. After deductions and exemptions, the remaining amount is subject to graduated rates of taxation up to 45% as estate size increases. An unlimited marital deduction is allowed for property transferred to a surviving spouse. Other allowable deductions include charitable contributions and estate administration expenses. In addition, the so-called unified credit exempts the first $2 million of an estate from tax. This is the primary reason why the estate tax impacts only a tiny fraction of the estates in the nation. Under current law, the $2 million exemption will increase to $3.5 million in 2009, and the estate tax will be fully repealed in 2010, but then bounces back in 2011.

The Federal gift tax operates in conjunction with the estate tax to prevent people from shielding their property from estate taxes by making gifts to heirs prior to death. Each year individuals can make gifts of $12,000 to as many individual recipients as they wish, without being subject to the gift tax. However, any amount in excess of this per-person gift limit is applied to a lifetime gift exclusion amount of $1 million. At time of death, the cumulative amount of gift tax exclusion used by the decedent reduces the estate tax exemption. In this way, the gift tax operates in a unified manner with the estate tax.
CRS: Economic Issues Surrounding the Estate and Gift Tax

CRS: Estate and Gift Taxes--Economic Issues
CRS: Asset Distribution of Taxable Estates

House Committee  
House Floor .
Senate Committee  
Senate Floor .
Conference Committee  
Final Congressional Action  
Presidential Action  

 

Small Business
Tax Relief (2007)

Deficit neutral $4.8 billion small business tax relief package to accompany the minimum wage increase. In February, both the House and Senate approved bills containing small business tax benefits (an amended version of HR 2 in the Senate and HR 976 in the House), then in mid-March folded the tax provisions into their respective versions of HR 1591, the FY 07 Supplemental Appropriations Bill. Congress passed a conference report but the President vetoed the due to Iraq-related provisions. On May 24, the House and Senate approved a modified supplemental, containing the same tax provisions and the President signed the bill on May 25, 2007.

House Committee

Feb 13, 2007: CBO Cost Estimate of HR 976 as reported

House Floor

Feb 26, 2007: Summary of HR 976 (House-passed) providing $1.3 billion of small business tax relief

Senate Committee Jan 23 2007: CBO Cost Estimate of HR 2 as reported by Senate Finance
Senate Floor Feb 1, 2007: Summary of HR 2 (Senate-passed) minimum wage legislation, with $12.6 billion of tax relief
April 4, 2007: JCT estimates of tax provisions in Senate-passed War Supplemental
Conference Committee April 23, 2007: Summary of Small Business Tax Relief Package included in War Supplemental, H.R. 1591
April 24, 2007: JCT explanation of Small Business Tax Relief Provisions in H.R. 1591
Final Congressional Action  
Presidential Action

May 1, 2007: President vetoes H.R. 1591
May 25, 2007: President signs H.R. 2206, PL 110-28 (tax provisions are identical to the vetoed bill)

 

Technical Corrections
(2007)

Legislation making corrections to most major tax laws enacted since 1998.
Joint Tax Committee explanation of provisions

Senate Finance Committee description of provisions

House Committee Nov 15, 2007: HR 4195 introduced by Ways & Means Chairman Rangel
House Floor Dec 19, 2007: HR 4839 passed by unanimous consent.
Senate Committee Nov 15, 2007: S. 2374 introduced by Finance Committee Chairman Baucus
Senate Floor Dec 19, 2007: HR 4839 passed by unanimous consent.
Final Congressional Action Dec 19, 2007: Congress passed H.R. 4839 making corrections to most major tax laws enacted since 1998
Presidential Action
Dec 19, 2007: HR 4839 signed by President

 

Pension
Technical Corrections
Pension Protection Technical Corrections Act of 2007 (S. 1974) - Amends the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, as amended by the Pension Protection Act of 2006, to make changes regarding defined benefit pension plans.
House Committee  
House Floor  
Senate Committee Aug 3, 2007: S. 1974 introduced and placed on the Senate Calendar
Senate Floor Dec 19, 2007: S. 1974 passed Senate, with an amendment, by unanimous consent
Conference Committee  
Final Congressional Action  
Presidential Action  

 

Internet Tax
Moratorium (2007)
H.R. 3678: The Internet Tax Moratorium Act "extends the moratorium on State and local government Internet access taxes and multiple and discriminatory taxes on electronic commerce for seven years, through Novemeber 1, 2014." (Administration Statement)
House Committee September 9, 2007 : H.R. 3678 introduced in the House.
House Floor October 16, 2007: H.R. 3678 passed in the House, 405-2.
Senate Committee  
Senate Floor October 25, 2007 : H.R. 3678 passed Senate, with an amendment, by unanimous consent.
Conference Committee  
Final Congressional Action  
Presidential Action October 31, 2007 : President signed H.R. 3678, Extension of Internet Tax Moratorium (CBO Cost Estimate)

 

Mortgage Relief
Act (2007)
Creates " a three-year window for homeowners to refinance their mortgage and pay no taxes on any debt forgiveness that they receive."
(Fact Sheet)
House Committee Oct 1, 2007: Reported by Committee on Ways and Means. H.Rpt. 110-356.
House Floor Oct 4, 1007: Passed by House 386-27.
Senate Committee Dec 14, 2007: Senate Finance Committee discharged by unanimous consent
Senate Floor Dec 14, 2007: Passed Senate by unanimous consent
Conference Committee  
Final Congressional Action  
Presidential Action Dec 20, 2007: President signed the Mortgage Forgiveness Debt Relief Act of 2007 (PL 110-142).

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OTHER
TAX ISSUES
 
Extend the 2001 and 2003 tax cuts In 2001, tax rates were reduced from 15, 28. 31, and 39.6 percent to 10, 15, 25, 31, and 35 percent--with the rate reductions scheduled to expire in 2010. The tax cuts also called for estate tax exemptions to increase through 2009, elimination of the estate tax in 2010, and a bounce back to the 2001 estate tax rates in 2011. The President's FY 2008 Budget called for permanent extension of the lower tax rates, as well as extension of the increased child credit and marriage penalty relief, at a 10-year cost of $1 trillion. The President's Budget also called for permanent elimination of the the estate tax, at a 10-year cost of $500 billion. The Congressional Budget Resolution for FY 2008 accommodated extension of "middle class tax relief" including marriage penalty relief, child credit extension, and the 10 percent bracket, and estate tax relief that would set permanent estate tax levels at the 2009 level (i.e. 45% rate and $3.5 million exemption). However, this extension of tax relief was made contingent on identifying PAYGO offsets to pay for the projected revenue losses, as well as a statutory trigger allowing the cuts to take effect only if OMB and Treasury certify that budget surpluses materialize. Subsequent to adoption of the Budget Resolution there was no serious action to identify offsets to pay for tax relief beyond 2010.
CRS: Expiration of the Cuts
Close the Tax Gap

Closing the "Tax Gap," that is, the difference between taxes owed and taxes paid has periodically been offered as a means of "paying for" proposed changes in the Tax Code. The most recent estimates of the Tax Gap place the shortfall at $345 billion--$290 billion after collection actions.

5/22/07: Senate Budget Committee states that the FY 2008 Budget Resolution's higher revenue levels, as compared with the President's Budget “can be attained by closing the tax gap, shutting down abusive tax shelters, addressing offshore tax havens…”
4/19/07: GAO Reports to Senate Finance Committee on Tax Gap
4/19/07: GAO: Thousands of Federal Contractors Abuse the Federal Tax System
02/16/07: GAO: Multiple Approaches are Needed to Reduce the Tax Gap
IRS Oversight Board Report on the Tax Gap
IRS: Understanding the Tax Gap
Treasury/OTP: A Comprehensive Strategy for Reducing the Tax Gap
JCT Report on Options to Improve Tax Compliance
CRS Report on the Tax Gap and Tax Enforcement
CRS Report: Tax Gap--Proposals in the 110th Congress to Require Brokers to Report Basis on Publicly Traded Securities

Depletion of the
Highway Trust Fund
March 27, 2007: CBO Testimony: “If annual obligation limits are set at the levels authorized in 2005, CBO projects that the highway account of the Highway Trust Fund will become exhausted at some point during fiscal year 2009.”


109th Congress

JCT Explanation of Tax Legislation Enacted in the 109 th Congress