Washington Update

April 12, 2019 Washington Update This Week In Congress House – The House passed H.R. 1644, “The Save the Internet Act,” and H.R. 1331, “The Local Water Protection Act.” The House cancelled a vote on legislation to raise the defense and non-defense discretionary spending caps for Fiscal Years (FY) 2020 and 2021. Senate – The Senate confirmed David Bernhardt to be Secretary of the Department of the Interior, and Cheryl Marie Stanton to be Administrator of the Wage and Hour Division at the Department of Labor. Next Week In Congress House – The House will be in recess. Senate – The Senate will be in recess. TAX Treasury Secretary Steven Mnuchin On April 3, House Ways and Means Responds to Request for Trump’s Tax Committee Chairman Neal (D-MA) wrote to Returns Internal Revenue Service (IRS) Commissioner Charles Rettig requesting that the agency Key Points: provide six years of President Trump’s tax . Treasury Secretary Mnuchin tells House Ways returns along with the returns of eight and Means Chairman Neal (D-MA) that he businesses connected to President Trump. The is consulting with the Department of Justice on letter set an April 10 deadline for compliance how to respond to the request for President with the request. This week, on April 10, Trump’s tax returns. Treasury Secretary Steven Mnuchin responded . On April 3, Chairman Neal wrote to IRS saying that Treasury is unable to meet the Commissioner Charles Rettig calling for the deadline and is still reviewing the request. past six years of tax returns for the President along with the returns of eight businesses Table of Contents connected to the Trump. Tax 1 . Chairman Neal argues that only the IRS Financial Services 4 should be involved in responding, and that the Energy & Environment 8 agency must provide the returns under the Health 12 language of IRC section 6103(f). Trade 14 ____________________________________________ ©2019 Williams & Jensen, PLLC 701 8th Street, N.W. Suite 500 Washington, D.C. 20001 Telephone: (202) 659-8201 Fax: (202) 659-5249 www.williamsandjensen.com Williams & Jensen – Washington Update April 12, 2019 According to the letter; “[t]he Committee’s Income Tax Credit; (5) IRS Workforce; (6) request raises serious issues concerning the Work-Classification; (7) Non-profit constitutional scope of Congressional Organizations; (8) Wayfair Ruling; (9) FAFSA; investigative authority, the legitimacy of the (10) Medical Device Tax; and (11) asserted legislative purpose, and the Conservation Easement Tax Deduction. constitutional rights of American citizens.” Chairman Grassley (R-IA) in his opening Chairman Neal, however, argues that only the statement said the relationship between the IRS IRS should be involved in responding because and Congress has not always been positive but it has been delegated the authority on tax argued that there is now an opportunity to return matters from Treasury, and that the move forward and address the challenges agency must provide the returns under the facing the IRS today. He specifically noted that language of Internal Revenue Code (IRC) IT systems within the agency are outdated and section 6103(f). The Chairman issued a IT theft has remained a top concern. He also statement in response to the letter saying that noted the Taxpayer First Act that he and he would consult with counsel and determine Ranking Member Wyden (D-OR) introduced an appropriate response to Rettig in the coming last month, and explained that the bill would days. In all likelihood, a second letter or codify the independent appeal process to possibly a subpoena seems likely to be the next strengthen IRS independence and would also formal communication on the issue. require the agency to create long-term plans for improving customer service. Ranking Member Senate Finance Committee Holds Hearing Wyden echoed the chairman’s comments on on Internal Revenue Service the proposed legislation and added that he supports the proposal to allow Americans to Key Points: file their taxes online directly through the IRS. Senate Finance Chairman Grassley (R-IA) said IT systems within the IRS must be IRS Commissioner Rettig explained that he modernized and IT theft remains a top looks forward to improving cyber security and concern. further training employees within the IRS to . Chairman Grassley said bipartisan legislation help better serve taxpayers. He added that he is introduced in the Senate would codify the pleased to announce that the tax filing season independent appeal process to strengthen IRS has continued to go as planned and is a tribute independence and would also require the agency to IRS employees. He said the President’s to create long-term plans for improving budget request asks for over $11 billion for the customer service. IRS in FY 2020 which is $170 million above . Ranking Member Wyden (D-OR) stressed the the 2019 enacted level. He noted that the IRS is importance of allowing Americans to file their finalizing its IT modernization plan and said taxes online directly through the IRS. the bill includes an additional $290 million for this plan. He said the IRS has continued to On April 10, the Senate Finance Committee work towards protecting taxpayer data and held a hearing entitled “The 2019 Tax Filing mentioned that the budget called for a well- Season and the 21st Century IRS.” Topics trained workforce. He said to help in this area; discussed in the hearing included: (1) IRS the IRS is asking to restore the streamline Whistleblower Program; (2) IT Modernization; critical pay authority, which expired in 2013. (3) President Trump’s Tax Returns; (4) Earned Williams & Jensen, PLLC 701 8th Street, N.W. Suite 500 Washington, D.C. 20001 Telephone: (202) 659-8201 Fax: (202) 659-5249 www.williamsandjensen.com Page 2 of 16 Williams & Jensen – Washington Update April 12, 2019 House Passes IRS Reform Legislation automated system to receive income verification requests for mortgage applications. Key Points: . The Taxpayer First Act passed the House on While the legislation has bipartisan support in April 9 and would preserve the IRS Oversight the Senate, lawmakers could threaten the Board, establish an independent Office of process by trying to use it as a way to pass tax Appeals, and permanently authorize the extenders or make technical corrections to the volunteer assistance program for low-income Tax Cuts and Jobs Act (TCJA). However, filers. Senate Finance Chairman Grassley indicated . Come lawmakers contended late in the debate that course was not likely by stating that he has that the bill would make it impossible for the given up on the idea of adding tax extenders to IRS to create its own tax return software for the legislation. “I don’t think this can be a low-income Americans. vehicle for other things,” he said this week. Senate Finance Chairman Grassley said he has given up on the idea of adding tax Senator Elizabeth Warren Proposes extenders or TCJA technical corrections to the Corporate Profits Tax IRS reform bill. This week, Senator Warren (D-MA) proposed On April 9, the House passed legislation to an idea to tax companies earning more than restructure the IRS, add protections for $100 million per year – roughly 1200 taxpayers, and upgrade agency technology. companies in the U.S. match this criterion. H.R. 1957, the Taxpayer First Act, received last According to Senator Warren, for every dollar minute opposition from members who argued of profit above $100 million, a company would that the bill would make it more challenging for pay a 7 percent surtax. The “Real Corporate the IRS to create its own free tax return Profits Tax” as she labels it, would generate software for low-income Americans. more than $1 trillion and apply to 1,200 Representative John Lewis (D-GA) responded companies according to her office and an to the critics by saying that “[w]hatever the estimate prepared by two UC Berkeley problem may be, we will fix it.” academics. That tax would apparently apply against the income reported for financial Overall, the bill would preserve the IRS purposes by public companies. Oversight Board, establish an independent Office of Appeals, and permanently authorize In her release on the issue, Senator Warren the volunteer income tax assistance program cited as one rationale for the proposed tax the for low-income filers. The legislation would fact that for book or financial purposes, also limit the ability of private debt collectors companies may declare earnings that are not to pursue unpaid taxes for low-income treated as income for tax purposes. Of course, taxpayers and codify an exclusion to upfront tax accounting allows for carryforward of net fees and initial payments in the offer in operating losses and other tax attributes that compromise program for Americans with can change the taxable income as compared to incomes below 250 percent of the federal book income. It is not clear what basis would poverty line. In regard to technology, the bill be the income measurement in her proposal. requires the IRS to develop an internet portal for taxpayers to file Form 1099 and an Williams & Jensen, PLLC 701 8th Street, N.W. Suite 500 Washington, D.C. 20001 Telephone: (202) 659-8201 Fax: (202) 659-5249 www.williamsandjensen.com Page 3 of 16 Williams & Jensen – Washington Update April 12, 2019 For more information about tax issues you may email to use its national security authorities or call Christopher Hatcher at 202-659-8201. Henry responsibly but forcefully. He noted that the Homans contributed to this section. Committee on Foreign Investment in the United States (CFIUS) is becoming a model for FINANCIAL SERVICES countries looking to screen for national security Secretary Mnuchin Testifies in House risk. He said Congress made significant changes Appropriations and House Financial to CFIUS to target national security threats Services Committees while preserving investment in the U.S.

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