2011 Federal Legislative Issues
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1 2011 Federal Legislative Issues Aquiles Suarez Vice President for Government Affairs NAIOP. Do not distribute or reproduce without permission.
2 The Political and Legislative Environment NAIOP. Do not distribute or reproduce without permission. 2
3 The Debt Ceiling Debate NAIOP. Do not distribute or reproduce without permission. 3
4 Debt Ceiling Agreement Provided for future increases in debt ceiling, additional $917 billion in deficit reduction, and a vote on Balanced Budget Amendment before year end. Establishes Joint Select Committee on Deficit Reduction ( Supercommittee ) : Find $1.5 trillion more deficit reduction ( ). Supercommittee proposal vote by December 23, (no amendments, no filibuster). If proposal fails, automatic sequestration of $1.2 trillion across federal budget, beginning January NAIOP. Do not distribute or reproduce without permission. 4
5 Joint Select Committee on Deficit Reduction Democrats: Senator Patty Murray (WA) Senator John Kerry (MA) Senator Max Baucus (MT) Representative Chris Van Hollen (MD) Representative Xavier Becerra (CA) Representative Jim Clyburn (SC) Republicans: Senator Pat Toomey (PA) Senator Rob Portman (OH) Senator John Kyl (AZ) Representative Jeb Hensarling (TX) Representative Fred Upton (MI) Representative Dave Camp (MI) NAIOP. Do not distribute or reproduce without permission. 5
6 Other Federal Spending, by Category Percentage of GDP 8 Actual Projected Defense Discretionary Nondefense Discretionary Other Mandatory Congressional Budget Office Testimony before the Joint Deficit Reduction Committee, September 13, 2011 NAIOP. Do not distribute or reproduce without permission. 6
7 Revenues and Spending, Excluding Interest Percentage of GDP 25 Actual Projected Revenues All Other Spending (Excluding net interest) Spending for Social Security, Medicare, and Other Major Health Care Programs Congressional Budget Office Testimony before the Joint Deficit Reduction Committee, September 13, 2011 NAIOP. Do not distribute or reproduce without permission. 7 0
8 President Obama s Jobs Bill President Obama has called on the Joint Select Committee on Deficit Reduction to include his revenue measures in their package. American Jobs Act would cost $447 billion. Extends payroll tax deduction, unemployment insurance, infrastructure spending. Wanted carried interest tax increase as payfor. Buffett Rule on upper income. Senate Democrats wanted 5.6% surcharge on incomes over $1 million. Failed in Senate NAIOP. Do not distribute or reproduce without permission. 8
9 2012 Political Landscape Democrats Prepare for Class Warfare Parties Gather Ammo as Jobs Fight Heats Up By Steven T. Dennis Roll Call Staff Oct. 6, 2011, Midnight Occupy Wall Street Demonstrations NAIOP. Do not distribute or reproduce without permission. 9
10 NAIOP Legislative Priorities Tax Policy Energy Efficiency Legislation Transportation and Infrastructure FASB Lease Accounting Rules NAIOP. Do not distribute or reproduce without permission
11 Tax Policy NAIOP. Do not distribute or reproduce without permission. 11
12 Carried Interest Carried Interest: known as a carry, promoted interest, or a promote. Compensation to general partner exceeding the proportionate share of capital invested by that partner. Currently taxed as capital gains (15%) Proposal would raise $18 billion over ten years Would be a permanent tax increase to offset temporary spending measures NAIOP. Do not distribute or reproduce without permission. 12
13 Tax Extenders Tax Extenders Leasehold Improvements Depreciation Brownfields Expensing Extended in 2010 tax deal through 2011 Renewed for two years, including 2010 Expire December 31, 2011 Congress must pass (or make permanent) an extension Retroactive extensions can occur NAIOP. Do not distribute or reproduce without permission. 13
14 Tax Extenders Leasehold Improvement Depreciation Allows depreciation of tenant improvements over 15 years. Expires end of Unless extended, depreciation must be taken over 39 years. Example: $1,000,000/15 years = $66,700 $1,000,000/39 years = $25,640 NAIOP. Do not distribute or reproduce without permission. 14
15 Tax Extenders Brownfields Expensing Between 500,000 and 1,000,000 brownfields sites in U.S. As much as $2 trillion of real estate may be undervalued due to the presence of contamination $1 of public investments in brownfields leverages $8 in total investments Tax deduction should be made permanent. NAIOP. Do not distribute or reproduce without permission. 15
16 Energy Efficiency NAIOP. Do not distribute or reproduce without permission. 16
17 Energy Efficiency Federal Attempts to Increase Energy Efficiency: 30% and 50% mandates net-zero goals Many buildings will not recoup upgrade costs only through direct energy savings. How will it pay for itself: Increased rent rates? Building value increase? Direct electricity savings? NAIOP. Do not distribute or reproduce without permission. 17
18 Energy Efficiency NAIOP supports incentive-based approaches Retrofit Incentive Proposals Shaheen-Portman Legislation (S. 1000) NAIOP. Do not distribute or reproduce without permission. 18
19 Transportation and Infrastructure NAIOP. Do not distribute or reproduce without permission. 19
20 Transportation and Infrastructure NAIOP supports: Increased general funding levels Alternative funding mechanisms, such as: Infrastructure bank idea contained in President Obama s American Jobs Act RIIZs (Regional Infrastructure Investment Zones) Public/Private Partnerships NAIOP. Do not distribute or reproduce without permission. 20
21 Transportation and Infrastructure Transportation Bill: Short- term extension through March 2012 House: Mica Plan: six-year transportation bill at $230 billion. Funded from current tax gas revenues. Senate: Boxer/Inhofe: Two-year transportation reauthorization Same funding levels as current, adjusted for inflation ($109 billion over two years). NAIOP. Do not distribute or reproduce without permission. 21
22 FASB Lease Accounting Proposals NAIOP. Do not distribute or reproduce without permission. 22
23 FASB 13 - Lease Accounting Proposals FASB proposal on lease accounting rules. Requires future lease obligations to be treated as debt on balance sheets. Shorter lease terms, increased difficulty in obtaining financing. Industry comments and concerns have forced delays. FASB will issue a re-exposure first quarter of Finalize second quarter of NAIOP. Do not distribute or reproduce without permission. 23
24 Questions? Remember to Rate this Session using: The Development 11 App on your iphone, BlackBerry or Android The Session Evaluation Form you received upon enter this session room. NAIOP. Do not distribute or reproduce without permission. 24
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