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                                                                                          Updated October 4, 2018

Tax Reform 2.0: The Ways and Means Tax Proposals


The Ways and Means Committee, on September 13, 2018,
approved three tax bills. H.R. 6760, the Protecting Family
and Small Business Tax Cuts Act of 2018, would make the
individual tax cuts in the 2017 tax revision (commonly
referred to as the Tax Cuts and Jobs Act) permanent. H.R.
6757, the Family Savings Act of 2018, would expand tax
benefits for savings and make other modifications to
retirement plans. H.R. 6756, the American Innovation Act
of 2018, would provide tax benefits for start-up businesses.
The last two bills were approved in the House on
September 27, 2018, and the first on September 28, 2018.

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Nermnent, H,,L, 6760
The most significant bill, measured by budgetary impact,
would make the expiring provisions relating to individual
tax revisions, including the deduction for pass-through
businesses taxed under the individual tax, permanent. These
provisions are explained in CRS Report R45092, The 2017
Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law,
coordinated by Molly F. Sherlock and Donald J. Marples.

When the 2017 tax revision was adopted, a number of
provisions in the bill were enacted on a temporary basis. If
those provisions had been enacted on a permanent basis, the
cost would have exceed the $1.5 trillion cost allowed under
reconciliation in the Senate. Provisions relating to
corporations, the international tax system, and a variety of
provisions relating to business deductions were enacted on
a permanent basis, whereas most of the provisions relating
to individuals are set to expire after 2025.

The Joint Committee on Taxation estimated that making
these provisions permanent would cost $631 billion for
FY2019-FY2028. Since the costs largely occur in the last
three years, the cost would be significantly larger in the
future. If the cost grows by 5% a year, over the following
10 years (FY2029-FY2038), it will increase the deficit by
$4 trillion, not including interest costs.

There are four major elements of the individual provisions
in the 2017 tax revision that are made permanent by H.R.
6760: (1) the rate reductions and other structural changes,
(2) the limits on deductions including the $10,000 cap on
itemized deductions for state and local taxes (SALT), (3)
the deduction for pass-through businesses taxed under the
individual tax along with a limitation on their loss
deductions, and (4) the increased exemption for the
alternative minimum tax. There are also some other
provisions including an increase in the exemption for the
estate tax.


The revenue estimates for H.R. 6760 discussed below are
for FY2019-FY2028, but as they generally reflect
extensions after 2025, are estimates for a three-year effect.


These provisions included the new rate structure that
featured slightly lower tax rates, the increase in the standard
deduction and child and dependent credits, and the repeal of
personal exemptions. The new rates were slightly lower
with the top rate reduced from 39.6% to 37%. The rate
reductions were projected to cost $522 billion. The
increased standard deduction generally offset the loss of
personal exemptions for taxpayers, and the increased child
tax credits generally offset the loss of dependent exemption,
for a small combined loss of slightly over $20 billion.

Th.,, $ 0,000 S.ALT Cap and Oth'r ,e',,ick m,' <.'
    D'N' k~o ' l' 'x k i''n
The original bill temporarily eliminated some itemized
deductions and restricted others. The most significant of
these in revenue terms was a $10,000 cap on the amount of
state and local taxes that could be deducted. There was also
a lower $750,000 cap on mortgage debt eligible for interest
deductions and an elimination of interest deductions for
certain home equity loans, elimination of most casualty loss
deductions and miscellaneous expenses, an increase in the
income limit on charitable deductions, and a repeal of the
overall limit on itemized deductions. These provisions
together would gain $318 billion in revenue if made
permanent.

The bill would also make permanent the inclusion of
employer provided moving expenses in income ($2 billion)
and repeal the deduction for moving expenses ($3 billion),
except for members of the Armed Forces. It would
permanently repeal the exclusion for employer-provided
bicycle commuter fringe benefits and limit the deduction of
wagering losses, at a negligible revenue cost.

H.R. 6760 would extend a reduction in the floor for
itemized deductions for medical expenses, expiring in 2018,
for two years, at a cost of $3.9 billion.


LCn' tC~kl on
Businesses taxed under the individual rather than corporate
tax, including sole proprietorships, partnerships, and
Subchapter S corporations that elect to be taxed on a
partnership basis were allowed a deduction of 20% of
qualified pass-through income. For high-income
individuals, the deduction is limited to the greater of 50%
of wages paid, or 25% of wages paid plus 2.5% of
depreciable property. Certain service businesses are not
eligible for high-income individuals. Making the pass-


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