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The Tax Reform Framework


October 2, 2017


The proposed tax reform Unified Framework for Fixing
Our Broken Tax Code was released on September 27,
2017. The Framework, agreed to by the majority party
leaders of the House and Senate and the chairmen of the
Ways and Means Committee and Senate Finance
Committee, along with representatives of the
Administration, contains many elements of the House tax
reform blueprint, the Better Way, released in 2016. The
Better Way blueprint is analyzed in CRS Report R44823,
The Better Way House Tax Plan: An Economic Analysis,
by Jane G. Gravelle.

Many of the details of a potential tax reform are not
outlined in the Framework, but remain to be determined in
the legislative process.
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For the individual income tax, the plan would broaden the
base by disallowing most itemized deductions except for
mortgage interest and charitable contributions deductions. It
would replace the current seven rate brackets (ranging from
10% to 39.6%) with three brackets, with tax rates of 12%,
25%, and 35% (with the possibility of another higher rate
for the highest-income taxpayers). The rate brackets widths
are not specified. It would alter some of the elements
related to family size and structure by eliminating personal
exemptions, allowing a larger standard deduction ($24,000
for joint returns and $12,000 for singles), increasing the
child credit by an unspecified amount, and adding a $500
credit for non-child dependents. (The current personal
exemption is $4,050 and the current standard deductions are
$12,700 for joint returns and $6,350 for single returns.) The
current $1,000 child credit would not be altered except
through a higher income phase-out range, but only that part
of the child credit would be refundable. The alternative
minimum tax would be repealed.

The current earned income credit is not mentioned. There is
no discussion of the tax treatment of capital gains and
dividends. Special provisions for education and retirement
would be retained but might be modified.

The Framework also envisions a measure of inflation that
the proposal's sponsors deem more accurate to index rate
brackets and other parameters such as the standard
deduction. While the Framework does not specify this
measure, it likely refers to the chained CPI which adjusts
the ordinary consumer price index to recognize the
substitution of goods when relative prices change. While
many economists believe this measure is a better measure
of inflation, using it would have the effect of raising taxes
compared to using the regular CPI.

Many of these elements (although not changing the
inflation measure) were present in the Better Way


blueprint, although the blueprint had a top rate of 33%.
Bracket widths were specified, along with the increase in
the child credit ($500) and treatment of head-of-household
returns (heads of households would now use the singles
rate schedule and have a standard deduction of $18,000,
compared to $9,350 under current law). In the Better
Way plan, capital gains, dividends, and interest would be
taxed at 50% of ordinary rates; currently, capital gains and
dividends are subject to a top rate of 20% and interest is
taxed at ordinary rates.

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The Framework would reduce the corporate tax rate from
35% to 20% and provide for a maximum 25% tax rate for
small and family-owned businesses that are taxed under the
individual income tax as pass-throughs. Pass-throughs are
organized as proprietorships, partnerships, or Subchapter S
corporations (corporations that have a small number of
shareholders and elect to be taxed at individual rates). The
language in the Framework suggests that this rate would
apply to all income from business, whether labor or capital
income. It does not define small business.

The Better Way blueprint had the same rate; it applied the
25% rate to all pass-through businesses but only to capital
income. The treatment in the Framework is more consistent
with the proposals released by the President as a candidate.

The Framework provides that investment in equipment (but
not structures) that is currently recovered, in part, over a
period of years, be expensed (deducted immediately) for at
least five years. Deductions for interest for corporations
would be partially limited, and interest deductions for pass-
throughs would be considered by committees. A much
more sweeping change was proposed in the Better Way
plan, where both equipment and structures were to be
expensed as permanent provisions and interest deductions
disallowed.

The Framework would repeal the production activity
deduction, other unspecified deductions, and most credits,
but explicitly retain the research credit and the low-income
housing credit. The Better Way plan also had unspecified
changes, repealed the production activity deduction, and
retained the research credit.


Under current law, worldwide income of U.S.
multinationals is taxed, but the tax on earnings of foreign
subsidiaries is delayed until the income is repatriated (paid
as dividends to the U.S. parent). Firms may take a credit
against U.S. tax for taxes paid to foreign jurisdictions. U.S.
firms have accumulated a large amount of untaxed earnings
abroad, including a significant share held in cash and cash-
like assets.


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