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CRS INSIGHT


Expired Tax Provisions and Tax

Extenders

January 16, 2018 (IN10848)

I


Related Author


      Molly F. Sherloc




Molly F. Sherlock, Specialist in Public Finance (msherlockacrs lc goy, 7-7797)

A number of temporary tax provisions expired at the end of 2016. Although some temporary or
expired provisions were addressed in the 2017 tax revision (P L 115-97), most of the
provisions that expired in 2016 have not been extended beyond their 2016 expiration date.
Some have suggested that a tax extenders bill enacted early in 2018 could retroactively extend
expired tax provisions. Alternatively, another policy option is to allow expired tax provisions to
remain expired.

Table I provides information on expired tax provisions and tax extenders. Specifically, the
table includes (1) all provisions that expired in 2016 and 2017 and were not addressed in the
2017 tax revision (P L 115-97); (2) provisions that would be extended in the Tax Extender Act
of 2017 (S 2256); and (3) for provisions that were extended for two years, retroactive for 2015
and through 2016, in the Consolidated Appropriations Act, 2016 (P L 114-113), the cost of that
extension over the 10-year budget window (fiscal years 2016 through 2025). However, with the
enactment of P.L 115-97, the current law tax baseline has substantively changed. Thus, past
cost estimates may not necessarily be indicative of the cost of future extensions.

Table 1. Expired Tax Provisions and Tax Extenders


                                                                      Estimated Cost
                                           Year        Would Be       of Extension in
                                         Provision    Extended in      P L 114-113
                Provision                 Expired       5S-2256?         (billions)

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