Negotiating positions harden as partial government shutdown continues

Similar documents
Trump announces short-term funding agreement to end partial government shutdown

Brady s year-end tax bill clears House, but no Senate action expected

House approves Tax Cuts 2.0 package... 1 Congress averts shutdown; IRS funding punted to December... 4 A note on our publication schedule...

Lawmakers clear spending deal without extenders ending near-term shutdown threat

Taxwriting leaders mull path forward on extenders. Tax News & Views Capitol Hill briefing. February 1, In this issue:

House GOP leaders moving full steam ahead on Tax Cuts 2.0 as new details emerge

Familiar divisions re-emerge as focus returns to tax reform

House GOP budget writers OK blueprint calling for Tax Cuts 2.0, reconciliation spending cuts

Tax Cuts 2.0 outline to be released week of July 23, Brady says. Tax News & Views Capitol Hill briefing. July 20, 2018.

KPMG report: U.S. congressional elections and tax policy; preliminary observations

Brady preps technical corrections, extenders for possible lame duck action

HOMES JOBS COMMUNITY Wrap Up : Tax Reform and FY 2018 Funding. NDC Washington Webinar Series. resented by: Jane Campbell December 19, 2017

Trump, Democratic leaders strike short-term deal on debt limit, government funding

LUNCHEON PANEL: A NEW ADMINISTRATION AND CONGRESS

ADVOCACY REPORT May 8, 2018 Boston, MA. Liz Clark, NACUBO Alex Hecht, ML Strategies Chuck Samuels, Mintz Levin

Health Policy Briefing

Navigating the 2018 Federal Budget Landscape. Thursday, October 26 2PM EST/11AM PST

Making a Difference In Washington, D.C.

POLITICS By DAVID M. HERSZENHORN OCT. 26, 2015

800 17th Street N.W., Suite 1100 Washington, DC T F Holland & Knight LLP

Lobbyists and special interests have a major weapon The Club a select few in the Senate who hold the power to block legislation that

Healthcare & the New Congress: The 2017 Agenda

AGENTS OF CHANGE OR MORE OF THE SAME?

GOP Reaffirms Its Energy Plan: Oil Above All

PBC Legislative Update

Debt Ceiling Deadline Moved Up to August From November

2019 Washington Recap and Outlook

West Allen, Chair, Government Relations Committee Bruce Moyer, Counsel for Government Relations

Fall 2018 Advocacy Update. Andrew Remo, Director of Legislative Affairs American Retirement Association

United States: Implications of the Midterm Elections for Economic Policy

Washington Report. Michael Novogradac. Jeffrey McMillen. Bob Rapoza. Novogradac & Company Akin Gump Strauss Hauer & Feld LLP

Senate GOP closes in on tax-cutting budget plan as Big Six readies release of tax reform framework

Budget Reconciliation Process: Timing of Committee Responses to Reconciliation Directives

WASHINGTON REPORT. Michael Novogradac Novogradac & Company Merrill Hoopengardner National Trust Community Investment Corp.

DECEMBER POLICY AND ADVOCACY

Pentagon discloses military projects it could tap for Trump s wall

Water Efficiency in the New 115 th Congress

The Washington Report

WDC Board/ Annual Winter Meeting

POLL RESULTS: Congressional Bipartisanship Nationwide and in Battleground States

WCA WASHINGTON BRIEFS SECOND QUARTER 2014

FY19 and FY20 Funding Outlook for Affordable Housing Programs. December 3, 2018

Legislative Update. Illinois Action for Children. January 15, 2015

Washington Update: 2014 Midterms

Election Overview: Democrats take the House, Republicans Retain Control of the Senate

Washington Rundown. January 15, 2013

The Washington Report

THE CANNABIS INDUSTRY IN THE TRUMP ERA What does the 2016 election mean for cannabis businesses?

Election results may provide opportunities for major tax law changes in 2017

NCSHPO Newsletter: November 1 st, 2018 Number 164

HOMES JOBS COMMUNITY. Washington Update : Bipartisan Budget Agreement and POTUS FY19 Budget Request. NDC Washington Webinar Series

OVERVIEW OF CONGRESSIONAL APPROPRIATIONS

MOC First State or District Party. Full Committee/FSGG/ Leadership Position. Rep/Sen MOC Last Name

T. Rowe Price Forum. INSIDE WASHINGTON: How 2015 Ended and What to Expect From2016. Michael Hadley Davis & Harman LLP

Contacting Congress. Legislative Training Conference 2007 Rebecca Rey, Legislative Assistant

Immigration Reform - Possibilities in 2018

Congressional Scorecard

Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2019: In Brief

Unite for Behavioral Health Biweekly Advocacy Webinar Series Webinar #14

An analysis of how the 2016 election results will influence America s workforce development system

Federal Funding Update: The Craziest Year Yet

AMERICAN BAR ASSOCIATION VIRGIN ISLANDS BAR ASSOCIATION PUERTO RICO BAR ASSOCIATION RESOLUTION

What is it and what are we going to do.

Distribution & Home Health

Covering Republican Efforts to Repeal and Replace the ACA

Voice of America s Private Schools.

ELECTION UPDATE Tom Davis

Salaries of Members of Congress: Recent Actions and Historical Tables

Ensuring NAHMA Members Receive the Latest News and Analysis of Breaking Issues in Affordable Housing

Appropriations Subcommittees that work on Indian Affairs

Ch. 4 The Congress. Ch. 4 The Congress. Ch. 4 The Congress. Ch. 4 The Congress. The National Legislature

Re: Rep. Josh Gottheimer s Use of Official Resources in Violation of Ethics Rules

ACCG Federal Update. Shawna Watley January 31, Copyright 2009 Holland & Knight LLP All Rights Reserved

Politics, Policy, and Pathway for ACA Repeal in Billy Wynne Managing Partner, TRP Health Policy December 14, 2016

Social Security Privatization. Social Security and the States. Context: Congressional Make-Up. House Leadership Changes. NEA Priority Issues

ETHANOL ACCOMPLISHMENTS IN 2017 (AND UNFINISHED BUSINESS)

Health Policy Briefing

New message platform for 2018 s key battlegrounds Findings from Wave 1 of Battleground web-panel & phone survey. May 2018

Expiring Unemployment Insurance Provisions

To make the nation s laws. Congress. 2 years. 6 years. Unit IV Flash Card Review. 2. Who is the head of the Legislative Branch?

Publication WASHINGTON, D.C. UPDATE APRIL Author. Sheila P. Burke

Revised Support Material for Agenda Item No. 16

HEALTH CARE REFORM UPDATE February 19, 2013

Key Factors That Shaped 2018 And A Brief Look Ahead

2016 Club for Growth Senate Rating

Basic Government Processes. Heather Sachs, National Down Syndrome Congress Chris Masey, Coalition for Texans with Disabilities

Federal Funding Gaps: A Brief Overview

Magruder s American Government

WASHINGTON, D.C. UPDATE NOVEMBER

Washington Wire for the 2015 Housing Colorado NOW! Conference

2017 National and Chapter Leadership Conference. Legislative Update Webinar September 15, 2017

The New Administration and the Future of Mortgage Lending

2018 Election Recap Congress: Overall: Mid term elections mean all 435 members of the House were up for election, along with 335 seats in the Senate

Jennifer Zeitzer, Director of Legislative Relations

[ 4.1 ] National Legislature Overview

Political Report: September 2010

A POST-ELECTION VIEW FROM WASHINGTON: IMPACT OF THE 2016 PRESIDENTIAL AND CONGRESSIONAL CONTESTS

ADVOCATE S TOOL BOX. What is Lobbying? Lobbying refers to the support or opposition of a particular piece of legislation at any level of government.

THE 2014 ELECTION PRESENTATION BY JIM JENSEN EXECUTIVE DIRECTOR CONGRESSIONAL AND GOVERNMENT AFFAIRS

IAALS

Transcription:

Tax News & Views Capitol Hill briefing. In this issue: Negotiating positions harden as partial government shutdown continues... 1 Democrats gain 10 new members on Ways and Means... 3 Tax filing season begins January 28, refunds will be issued during shutdown, IRS says... 4 Negotiating positions harden as partial government shutdown continues Three weeks after the government went into partial shutdown at midnight on December 21, roughly a quarter of federal departments and agencies including the IRS and Treasury remain shuttered due to the continuing impasse over President Donald Trump s proposed wall along the US southern border. In fact, positions appeared to harden even further this week with Trump walking out of and deriding as a total waste of time a January 9 meeting with House Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Charles Schumer, D-N.Y. a gathering that came a day after the trio laid out their arguments to the nation in dueling prime time television addresses, Trump from the oval office and Pelosi and Schumer from the halls of the Capitol. The talks have become so intractable that speculation is growing and Trump himself is suggesting that the president may declare a national emergency (or invoke some other type of executive action) as a way to advance his wall policy without the affirmative consent of Congress. I have the absolute right to declare a national emergency. If this doesn t work out I would say almost definitely, Trump told reporters on January 10. Tax News & Views Page 1 of 5 Copyright 2019 Deloitte Development LLC

Congressional Democrats and other groups would almost certainly bring a court challenge to any emergency designation, but some observers are beginning to view such a move as perhaps the only way to reopen the government while allowing Trump and Democrats to fight another day on the wall issue. I could see it coming to that. I don t think it s legal. I think it will be challenged in court. But it might be the only way out, said Sen. Joe Manchin, D-W.Va. House Dems approve IRS funding, Trump promises veto Attempting to put pressure on Republicans to reopen those portions of the government that have no jurisdiction over border security, Speaker Pelosi this week teed up debate on four fiscal year 2019 appropriations bills (of the seven bills that remain unfinished), including the Financial Services and General Government appropriations measure, which, among other things, provides funding for the Treasury Department and the Internal Revenue Service. That bill, which passed the House on January 9 by 240-188 vote, mirrors legislation approved by the Senate in August of last year that called for roughly $11.3 billion in IRS funding, including $77 million dedicated to implementing the 2017 tax cut law. But after a lobbying blitz by the White House and a formal veto threat from President Trump only eight House Republicans broke ranks to vote with the Democrats, a number far lower than GOP leaders had feared earlier in the week. The vote pattern was similar on the two other measures House Democrats cleared on January 10 that would provide funding for the Departments of Agriculture, Interior, and Transportation, as well as the Food and Drug Administration. (Lawmakers were expected to vote January 11 on legislation to fund the Interior Department and the Environmental Protection Agency.) There was some speculation that Pelosi brought up the Treasury-IRS funding package first to remind the public that keeping the IRS closed at the traditional start of the tax filing season would mean a delay in sending out income tax refund checks, given that previous administrations have held that issuing refunds is not an essential IRS function and therefore not a permissible activity during a shutdown. But that message was blunted somewhat when the Trump administration announced on January 7 that, in spite of the shutdown, the 2018 tax filing season will begin on January 28 and refunds will be issued to taxpayers as scheduled. (See related story in this issue for more on the Service s filing season plans.) McConnell uncharacteristically silent Senate Majority Leader Mitch McConnell, R-Ky., has remained fairly passive in the debate thus far and has even stated that the Senate will only consider legislation that President Trump has promised to sign a position that doomed from the get-go House Democrats efforts to move the stand-alone appropriations bills as well as the omnibus appropriations package the House approved when the new Congress convened on January 3. (For prior coverage, see Tax News & Views, Vol. 20, No. 1, Jan. 4, 2019.) URL: http://newsletters.usdbriefs.com/2019/tax/tnv/190104_1.html This bystander approach is unfamiliar for McConnell, who in recent years has been deeply involved in cutting deals on government funding, the debt limit, and other matters. Indeed, it seems possible McConnell may become more involved in finding a solution to the current impasse as time wears on and if more GOP senators join Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, and Cory Gardner of Colorado in publicly expressing support for reopening all or most of the government while negotiating border security separately. When the government is shut down there are consequences and people are starting to feel those consequences, Murkowski noted on January 9 after a meeting between Senate Republicans and the president. 2019 spending debate far from over Irrespective of how lawmakers ultimately settle appropriations legislation for the remainder of fiscal year 2019, they will have to turn almost immediately to reaching an accord on funding for fiscal 2020, which begins October 1 of this year. Complicating matters further, statutory caps on discretionary spending known as the sequester are scheduled Tax News & Views Page 2 of 5 Copyright 2019 Deloitte Development LLC

to come back in full force on October 1, creating a situation that, without further congressional action, would result in tens of billions of dollars in reduced funding for defense and domestic programs. Democrats and Republicans have come together on three separate occasions since 2013 to raise the statutory caps most recently through the Bipartisan Budget Act of 2018, which boosted the caps by a total of roughly $300 billion over fiscal years 2018 and 2019. It is also worth noting that if Trump does attempt to advance his border wall proposal through an emergency declaration or other executive action, congressional Democrats would likely attempt to cut off funding for the effort as part of the fiscal 2020 appropriations process. That outcome could further complicate the spending debate for the upcoming fiscal year by putting lawmakers in a predicament similar to the one they are facing now. Alex Brosseau Democrats gain 10 new members on Ways and Means A week after the 116th Congress was sworn in, the House Democratic leaders named 10 new members to the Ways and Means Committee. Reps. Gwen Moore of Wisconsin, Dan Kildee of Michigan, Brendan Boyle of Pennsylvania, Don Beyer of Virginia, Dwight Evans of Pennsylvania, Brad Schneider of Illinois, Tom Suozzi of New York, Jimmy Panetta of California, Stephanie Murphy of Florida, and Steven Horsford of Nevada will join the 14 Democrats who remain on the committee from the 115th Congress. Democrats now control a total of 24 seats on the panel compared to 16 for Republicans, leaving the size of the committee and the ratio of majority and minority members unchanged from the last Congress. Republicans have not yet announced who will fill the two current vacancies on their roster. (Ten of the 24 House Republican taxwriters from the 115th Congress are no longer on the Ways and Means Committee because they retired from Congress, lost their 2018 re-election bids, or sought another office.) More progressives, but no freshmen In appointing the new Democratic taxwriters, party leaders fulfilled a recent promise by House Speaker Nancy Pelosi of California that members of the left-leaning Congressional Progressive Caucus (CPC) would hold 40 percent of the Democratic seats on key House committees. Five of the new Ways and Means members Beyer, Evans, Horsford, Moore, and Panetta are members of that group, which is the largest caucus among House Democrats. (CPC members already on Ways and Means include Reps. John Lewis of Georgia, Lloyd Doggett of Texas, Earl Blumenauer of Oregon, Danny Davis of Illinois, and Linda Sánchez and Judy Chu of California.) In his January 9 statement announcing the new members, Chairman Richard Neal of Massachusetts said Ways and Means work touches every American, every business, and nearly every corner of the US economy. I am confident our new members will join us in using this privilege to advance Democrats progressive vision for the future. The large Democratic freshman class, which has made waves with its diverse and unusually outspoken members, also sought to gain more clout in the tax policy arena, with a number of them signing a letter late last year asking Democratic leaders to give new members slots on the most powerful and sought-after committees, including Ways and Means. However, all of those named to the committee this week have previously served in the House. An early glimpse at the agenda Neal told Massachusetts newspaper The Reminder in an interview January 7 priority number one for Ways and Means will be preserving pre-existing conditions protections under the Affordable Care Act, adding that he intends to Tax News & Views Page 3 of 5 Copyright 2019 Deloitte Development LLC

hold hearings on the issue in the next several weeks. Other priorities include improving infrastructure and strengthening pensions, he said. Neal introduced legislation on January 9 that would help shore up certain underfunded employee pension plans through the creation of a Pension Rehabilitation Administration within the Treasury Department. The new office would be authorized to issue bonds to finance loans to troubled multiemployer pension plans. Storme Sixeas Tax filing season begins January 28, refunds will be issued during shutdown, IRS says The IRS announced this week that despite the ongoing partial government shutdown, the 2018 tax filing season will begin on January 28 and refunds will be issued to taxpayers as scheduled. The IRS and Treasury Department are among the federal departments and agencies that were forced to limit their operations to essential functions after the shutdown took effect at midnight last December 21. The announcement, which was released January 7, came amid questions over whether the Service has the authority to issue refunds during a shutdown. (Previous administrations have held that issuing refunds is not an essential IRS function and therefore not a permissible activity while the government is shut down.) Congress directed the payment of all tax refunds through a permanent, indefinite appropriation (31 USC. 1324), and the IRS has consistently been of the view that it has authority to pay refunds despite a lapse in annual appropriations, the announcement explained. Although in 2011 the Office of Management and Budget (OMB) directed the IRS not to pay refunds during a lapse, OMB has reviewed the relevant law at Treasury s request and concluded that IRS may pay tax refunds during a lapse. The deadline for submitting tax returns for most individual taxpayers is April 15, 2019; however, because of certain local holidays that fall on or near the filing date, the deadline is extended to April 17, 2019, for taxpayers in Maine and Massachusetts, the announcement said. According to the Service, a significant portion of currently furloughed IRS employees will be called back to work to carry out the agency s filing season activities while the shutdown remains in effect. A new, detailed shutdown contingency plan for handling the tax filing season as well the Service s ongoing enforcement and taxpayer assistance responsibilities had not been released as of press time but is expected in the coming days. (The contingency plan that was in effect at the start of the shutdown expired when the 115th Congress officially adjourned on January 3.) Treasury-IRS funding bill clears House; no Senate action expected In a related development, the House of Representatives on January 9 approved and sent to the Senate a financial services and general government appropriations bill (H.R. 264) that, among other things, would provide $11.3 billion in funding for the IRS, including $77 million to implement provisions in the massive tax cut law enacted in 2017. The House bill mirrors an appropriations package that cleared the Senate in August of last year and its passage is part of an ongoing effort by House Democrats to pressure congressional Republicans and President Trump into reopening the government. H.R. 264 is not expected to receive a vote in the Republican-controlled Senate, however, and the president has indicated he would not sign it if it reached his desk. (See related coverage in this issue.) Michael DeHoff Tax News & Views Page 4 of 5 Copyright 2019 Deloitte Development LLC

About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee ( DTTL ), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as Deloitte Global ) does not provide services to clients. In the United States, Deloitte refers to one or more of the US member firms of DTTL, their related entities that operate using the Deloitte name in the United States and their respective affiliates. Certain services may not be available to attest clients under the rules and regulations of public accounting. Please see www.deloitte.com/about to learn more about our global network of member firms. Copyright 2019 Deloitte Development LLC. 36 USC 220506 Tax News & Views Page 5 of 5 Copyright 2019 Deloitte Development LLC