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Revenue plans in the 2014 Obama budget

By Jamie Dupree
April 10, 2013

As the White House leaked out information about the 2014 budget plan from President Obama, the figure of $580 billion in "net" tax hikes caught my attention - and sure enough, when the plan was released on Wednesday, it was clear that much more than $580 billion in new revenues would come into Uncle Sam over ten years under this budget.

Really, the true number in terms of tax revenue increases is $1 trillion over ten years, as the President's plan includes an assortment of tax plans, many of them which have been rejected or not considered at all by the Congress in previous budgets.

For example, the biggest item on the revenue side is the limit on deductions for higher income earning taxpayers, which would bring in over $529 billion in ten years; that idea has fallen flat when Democrats ran the Congress in the first two years of the Obama Administration and has gone nowhere with Republicans in charge of the House as well.

Since I know very few of you will go through all the proposals in the budget, here is a list of the revenue proposals made for 2014 by the President.  Any figures with a minus (-) sign mean that the provision will lose money.  All the figures are in millions of dollars, so if you see 1,000, that translates to $1 billion.

You can read all about the following proposals and see all the documentation for yourself at http://www.treasury.gov/resource-center/tax-policy/Documents/General-Explanations-FY2014.pdf

Incentives for manufacturing, research, clean energy, and insourcing and creating jobs:  
Provide tax incentives for locating jobs and business activity in the United States and remove tax deductions for shipping jobs overseas  112
Provide new Manufacturing Communities Tax Credit  -4,411
Enhance and make permanent the research and experimentation tax credit  -99,378
Extend certain employment tax credits including incentives for hiring veterans  -9,086
Provide a tax credit for the production of advanced technology vehicles  -4,212
Provide a tax credit for medium- and heavy-duty alternative-fuel commercial vehicles  -2,056
Modify and permanently extend renewable electricity production tax credit 3/  -17,443
Modify and permanently extend the deduction for energy-efficient commercial building property  -5,222
Subtotal, incentives for manufacturing, research, clean energy, and insourcing and creating jobs  -141,920
   
Tax relief for small business:  
Extend increased expensing for small business  -68,661
Eliminate capital gains taxation on investments in small business stock  -5,810
Double the amount of expensed start-up expenditures  -2,963
Expand and simplify the tax credit provided to qualified small employers for non-elective contributions to employee health insurance -10,496
Subtotal, tax relief for small business ... -87,930
Incentives to promote regional growth:  
Extend and modify the New Markets Tax Credit ... -7,363
Restructure assistance to New York City, provide tax incentives for transportation infrastructure  -2,000
Modify tax-exempt bonds for Indian tribal governments  -304
Reform and expand the Low-Income Housing Tax Credit (LIHTC):  
Allow states to convert private activity bond volume cap into LIHTCs that the state can allocate.. -900
Encourage mixed income occupancy by allowing LIHTC-supported projects to elect a criterion employing a restriction on average income  Negligible revenue effect
Change formulas for 70 percent PV and 30 percent PV LIHTCs  -59
Add preservation of federally assisted affordable housing to allocation criteria  Negligible revenue effect
Make the LIHTC beneficial to real estate investment trusts (REITs)  -428
Subtotal, reform and expand LIHTC ... -1,387
Subtotal, incentives to promote regional growth  -10,870
   
Reform U.S. international tax system:  
Defer deduction of interest expense related to deferred income of foreign subsidiaries  36,520
Determine the foreign tax credit on a pooling basis ... 65,752
Tax currently excess returns associated with transfers of intangibles offshore  24,005
Limit shifting of income through intangible property transfers  2,108
Disallow the deduction for non-taxed reinsurance premiums paid to affiliates  6,209
Limit earnings stripping by expatriated entities . 4,658
Modify tax rules for dual capacity taxpayers  10,964
Tax gain from the sale of partnership interest on look-through basis  2,656
Prevent use of leveraged distributions from related foreign corporations to avoid dividend treatment ... 3,243
Extend section 338(h)(16) to certain asset acquisitions  960
Remove foreign taxes from a section 902 corporation's foreign tax pool when earnings are eliminated . 389
Subtotal, reform U.S. international tax system  157,464
   
Reform treatment of financial and insurance industry institutions and products:  
Require that derivative contracts be marked to market with resulting gain or loss treated as ordinary . 18,889
Modify rules that apply to sales of life insurance contracts  641
Modify proration rules for life insurance company general and separate accounts  5,101
Expand pro rata interest expense disallowance for corporate-owned life insurance  5,919
Subtotal, reform treatment of financial and insurance industry institutions and products  30,550
   
Eliminate fossil fuel preferences:  
Eliminate oil and gas preferences:  
Repeal enhanced oil recovery credit 0
Repeal credit for oil and gas produced from marginal wells  0
Repeal expensing of intangible drilling costs 10,993
Repeal deduction for tertiary injectants  107
Repeal exception to passive loss limitation for working interests in oil and natural gas properties  74
Repeal percentage depletion for oil and natural gas wells  10,723
Repeal domestic manufacturing deduction for oil and natural gas production 17,447
Increase geological and geophysical amortization period for independent producers to seven years  1,363
Subtotal, eliminate oil and gas preferences 40,707
   
Eliminate coal preferences:  
Repeal expensing of exploration and development costs 432
Repeal percentage depletion for hard mineral fossil fuels  1,982
Repeal capital gains treatment for royalties  432
Repeal domestic manufacturing deduction for production of coal and other hard mineral fossil fuels  409
Subtotal, eliminate coal preferences  3,255
Subtotal, eliminate fossil fuel preferences  43,962
   
Other revenue changes and loophole closers:  
Repeal the excise tax credit for distilled spirits with flavor and wine additives 1,093
Repeal last-in, first-out method of accounting for inventories . 80,822
Repeal lower-of-cost-or-market inventory accounting method .. 7,172
Modify depreciation rules for general aviation passenger aircraft  2,702
Repeal gain limitation for dividends received in reorganization exchanges  2,702
Expand the definition of built-in loss for purposes of partnership loss transfers  73
Extend partnership basis limitation rules to nondeductible expenditures  948
Limit the importation of losses under related party loss limitation rules  879
Deny deduction for punitive damages . 372
Eliminate section 404(k) employee stock ownership plan dividend deduction for large C corporations ... 6,577
Subtotal, other revenue changes and loophole closers  103,340
Total, Reserve for Revenue-Neutral Business Tax Reform  94,596
Total receipt effect  104,654
Total outlay effect  10,058
Tax relief to create jobs and jumpstart growth:  
Provide small businesses a temporary 10-percent tax credit for new jobs and wage increases -25,797
Provide additional tax credits for investment in qualified property used in a qualifying advanced energy manufacturing project  -1,827
Designate Promise Zones  -5,376
Subtotal, tax relief to create jobs and jumpstart growth  -33,000
   
Incentives for investment in infrastructure:  
Provide America Fast Forward Bonds  1
Allow eligible use of America Fast Forward Bonds to include financing all qualified privateactivity bond categories -234
Increase the Federal subsidy rate for America Fast Forward Bonds for school construction 3/  -10,191
Allow current refundings of State and local governmental bonds 4/  0
Repeal the $150 million nonhospital bond limitation on qualified 501(c)(3) bonds  -100
Increase national limitation amount for qualified highway or surface freight transfer facility bonds  -515
Eliminate the volume cap for private activity bonds for water infrastructure  -258
Increase the 25-percent limit on land acquisition restriction on qualified private activity bonds ... -176
Allow more flexible research arrangements for purposes of private business use limits  -16
Repeal the governmental ownership requirement for certain types of exempt facility bonds  -3,764
Exempt foreign pension funds from the application of Foreign Investment in Real Property Tax Act .... -2,168
Subtotal, incentives for investment in infrastructure  -17,421
   
Tax cuts for families and individuals:  
Provide for automatic enrollment in IRAs, including a small employer tax credit, and double the tax credit for small employer plan start-up costs 3/  -17,626
Expand the child and dependent care tax credit 3/  -8,775
Extend exclusion from income for cancellation of certain home mortgage debt  -2,610
Provide exclusion from income for student loan forgiveness for students in certain income-based or income-contingent repayment programs who have completed payment obligations . -2
Provide exclusion from income for student loan forgiveness and for certain scholarship amounts for participants in the Indian Health Service Health Professions Programs  -155
Subtotal, tax cuts for families and individuals -29,168
   
Upper-income tax provisions:  
Reduce the value of certain tax expenditures  529,261
Implement the Buffet Rule by imposing a new "Fair Share Tax" 53,387
Subtotal, upper-income tax provisions  582,648
   
Modify estate and gift tax provisions:  
Restore the estate, gift, and generation-skipping transfer (GST) tax parameters in effect in 2009  71,693
Require consistency in value for transfer and income tax purposes  1,896
Require a minimum term for grantor retained annuity trusts  3,894
Limit duration of GST tax exemption  Negligible revenue effect
Coordinate certain income and transfer tax rules applicable to grantor trusts  1,087
Extend the lien on estate tax deferrals provided under section 6166  160
Clarify GST tax treatment of Health and Education Exclusion Trusts  -171
Subtotal, modify estate and gift tax provisions  78,559
   
Reform treatment of financial industry institutions and products:  
Impose a financial crisis responsibility fee  59,349
Require current inclusion in income of accrued market discount and limit the accrual amount for distressed debt  1,226
Require that the cost basis of stock that is a covered security must be determined using an average cost basis method . 2,069
Subtotal, reform treatment of financial industry institutions and products  62,644
Other revenue changes and loophole closers:  
Increase the Oil Spill Liability Trust Fund financing rate by one cent and update the law to include other sources of crudes  1,058
Reinstate and extend Superfund excise taxes  8,032
Reinstate Superfund environmental income tax  12,173
Increase tobacco taxes and index for inflation  78,091
Make unemployment insurance surtax permanent  15,155
Provide short-term tax relief to employers and expand Federal Unemployment Tax Act base ... 51,481
Tax carried (profits) interests as ordinary income  15,909
Eliminate the deduction for contributions of conservation easements on golf courses  619
Restrict deductions and harmonize the rules for contributions of conservation easements for historic preservation  234
Require non-spouse beneficiaries of deceased IRA owners and retirement plan participants to take inherited distributions over no more than five years  4,911
Limit the total accrual of tax-favored retirement benefits  9,342
Subtotal, other revenue changes and loophole closers  197,005
   
Reduce the tax gap and make reforms:  
Expand information reporting:  
Require information reporting for private separate accounts of life insurance companies  7
Require a certified TIN from contractors and allow certain withholding  1,264
Modify reporting of tuition expenses and scholarships on Form 1098-T 3/  1,095
Subtotal, expand information reporting  2,366
Improve compliance by businesses:  
Require greater electronic filing of returns  No revenue effect
Make e-filing mandatory for exempt organizations  No revenue effect
Authorize the Department of the Treasury to require additional information to be included in electronically filed Form 5500 Annual Reports and electronic filing of certain other employee benefit plan reports  No revenue effect
Implement standards clarifying when employee leasing companies can be held liable for their clients' Federal employment taxes  69
Increase certainty with respect to worker classification  9,097
Repeal special estimated tax payment provision for certain insurance companies  Negligible revenue effect
Subtotal, improve compliance by businesses  9,166
Strengthen tax administration:  
Impose liability on shareholders participating in "Intermediary Transaction Tax Shelters" to collect unpaid corporate income taxes  4,947
Increase levy authority for payments to Medicare providers with delinquent tax debt  707
Implement a program integrity statutory cap adjustment for tax administration  46,502
Streamline audit and adjustment procedures for large partnerships  1,873
Revise offer-in-compromise application rules  10
Expand IRS access to information in the National Directory of New Hires for tax administration purposes  No revenue effect
Make repeated willful failure to file a tax return a felony  10
Facilitate tax compliance with local jurisdictions  15
Extend statute of limitations where State adjustment affects Federal tax liability  29
Improve investigative disclosure statute  10
Require taxpayers who prepare their returns electronically but file their returns on paper to print their returns with a 2-D bar code  No revenue effect
Allow the IRS to absorb credit and debit card processing fees for certain tax payments  19
Extend IRS math error authority in certain circumstances 3/  185
Impose a penalty on failure to comply with electronic filing requirements  10
Restrict access to the Death Master File 3/  1,303
Provide whistleblowers with protection from retaliation  Negligible revenue effect
Provide stronger protection from improper disclosure of taxpayer information in whistleblower actions  No revenue effect
Index all penalties to inflation  10,759
Extend paid preparer EITC due diligence requirements to the child tax credit  Negligible revenue effect
Extend IRS authority to require truncated SSN on Form W-2  Negligible revenue effect
Add tax crimes to the Aggravated Identity Theft Statute  Negligible revenue effect
Impose a civil penalty on tax identity theft crimes  Negligible revenue effect
Subtotal, strengthen tax administration  66,379
Subtotal, reduce the tax gap and make reforms  77,911
Simplify the tax system:  
Simplify the rules for claiming the EITC for workers without qualifying children 3/  -5,389
Modify adoption credit to allow tribal determination of special needs  -5
Eliminate minimum required distribution rules for IRA/plan balances of $75,000 or less  -222
Allow all inherited plan and IRA balances to be rolled over within 60 days  Negligible revenue effect
Repeal non-qualified preferred stock designation  361
Repeal preferential dividend rule for publicly offered REITs  Negligible revenue effect
Reform excise tax based on investment income of private foundations  -54
Remove bonding requirements for certain taxpayers subject to Federal excise taxes on distilled spirits, wine and beer  Negligible revenue effect
Simplify arbitrage investment restrictions  -1174
Simplify single-family housing mortgage bond targeting requirements  -15
Streamline private business limits on governmental bonds  -274
Exclude self-constructed assets of small taxpayers from the Uniform Capitalization rules  -799
Repeal technical terminations of partnerships  183
Repeal anti-churning rules of section 197 . -2,323
Subtotal, simplify the tax system  -8,900
   
User fee:  
Reform inland waterways funding  1,100
Subtotal, user fee  1,100
Other initiatives:  
Allow offset of Federal income tax refunds to collect delinquent state income taxes for out-of-state residents  No revenue effect
Authorize the limited sharing of business tax return information to improve the accuracy of important measures of the economy  No revenue effect
Eliminate certain reviews conducted by the U.S. Treasury Inspector General for Tax Administration  No revenue effect
Modify indexing to prevent deflationary adjustments  No revenue effect
Replace the CPI with the chained CPI for purposes of indexing tax provisions for inflation  100,000
Subtotal, other initiatives  100,000
Total, FY 2014 Budget Proposals  1,011,378
Total receipt effect  1,111,185
Total outlay effect  99,807

As the White House leaked out information about the 2014 budget plan from President Obama, the figure of $580 billion in "net" tax hikes caught my attention - and sure enough, when the plan was released on Wednesday, it was clear that much more than $580 billion in new revenues ...

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Jamie Dupree

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