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Lawmakers Push for Tax Legislation Before August Recess


Increase to Threshold for Micro Captives Under ConsiderationAs Congress’ August recess nears, lawmakers are pushing tax legislation for individuals and businesses. Bills targeted for tax reform, small business tax relief and more have been introduced and are working their way to votes in the House and Senate. Congress is also grappling with the IRS’s budget for fiscal year (FY) 2017.

Tax Reform

Just before recessing for the Independence Day holiday, House Republicans unveiled a tax reform blueprint. Since January, the House Ways and Means Committee has been exploring different approaches to tax reform. House Ways and Means Chair Kevin Brady, R-Texas, outlined six principles for tax reform:

  1. The tax code must be simpler, fairer and flatter;
  2. Loopholes must be closed and special interest provisions eliminated for lower rates for everyone;
  3. Businesses of all sizes must have a fair and competitive tax rate;
  4. The current world-wide tax system must be replaced with a permanent, modern, territorial-type system;
  5. Reform should be bold, ambitious and pro-growth; and,
  6. A 21st century tax system should not raise taxes to bail out Washington’s spending problem.

The GOP blueprint would consolidate the individual tax rates into three brackets (12, 25 and 33 percent). Additionally, the blueprint would repeal the alternative minimum tax (AMT). The blueprint also calls for a simplified return for individuals.

For businesses, the blueprint would lower the top corporate tax rate to 20 percent. The blueprint would also create a new 25 percent business tax rate for small businesses organized as sole proprietorships or pass-through entities. Tax rates on capital gains and dividends also would be reduced.

House Republicans said they will spend the remainder of 2016 developing the blueprint into legislative proposals. While Republicans likely have enough votes to pass the proposals in the House, they lack the 60 votes needed to pass tax legislation in the Senate. Congress will also be on recess during most of August. Democratic lawmakers in both the House and Senate have been cool to the GOP’s tax reform proposals.

Small Businesses

Many small businesses have traditionally provided health benefits to their employees through a health reimbursement arrangement (HRA). Following passage of the Affordable Care Act (ACA), the IRS determined that these should be treated as employer payment plans subject to market reforms under the Affordable Care Act (ACA). Failure to comply with the ACA’s market reforms triggers excise taxes. The IRS provided transition relief (Notice 2015-17) from the penalties, but the relief has expired.

In June, the House approved the Small Business Health Care Relief Act, (HR 5447), intended to provide permanent relief for small employers. Under the legislation, small employers (employers with fewer than 50-full-time and full-time equivalent employees) would be able to have stand-alone HRAs and reimburse expenses without violating the ACA’s market reforms. A similar bill has been introduced in the Senate, which could take up the bill before July 4.

Energy Tax Policy

Both leaders of the Senate Finance Committee (Orrin Hatch, R-Utah and Ron Wyden, D-Oregon) have taken an interest in simplifying energy tax incentives. The Senate Finance Committee held a hearing in June to examine the role taxation plays in energy policy. Wyden reiterated his proposal to consolidate the more than 40 separate energy tax credits and deductions into as few as three. The incentives, Wyden explained, would be built around three goals: energy, cleaner transportation and energy efficiency. Wyden also noted that many of the energy incentives extended by the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) were only extended temporarily.

In related energy news, the House approved in June a resolution signaling opposition to President Obama’s proposal to impose a $10 fee on every barrel of oil produced. The House also passed a resolution opposing the White House’s proposed carbon tax to reduce greenhouse gas emissions.


The ACA made a significant change to the individual deduction for medical expenses. After December 31, 2012, the threshold to claim an itemized deduction for unreimbursed medical expenses increased from 7.5 percent of adjusted gross income (AGI) to 10 percent of AGI for regular income tax purposes. The ACA did carve out a temporary exception for senior citizens. In June, the House Ways and Means Committee approved legislation to resurrect the pre-ACA rules. The Halt Tax Increases on the Middle Class and Seniors Act (HR 3590) would replace the current 10 percent threshold with the old 7.5 percent threshold for all taxpayers.

IRS Budget

The IRS’s current fiscal year is scheduled to end after September 30, 2016. In June, House appropriators unveiled a $10.9 billion budget for the agency for FY 2017. The bill cuts overall funding for the IRS but includes an additional $290 million to improve customer service, fraud prevention and cybersecurity. Senate appropriators, meanwhile, have proposed to fund the IRS at $11.2 billion for FY 2017.

Kevin Boeving, CPAIf you have any questions about these or other proposals, please contact your tax advisor or Kevin Boeving, Principal, Tax Services, at 314.524.5225 or



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