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About Andy Grewal

And if for some reason the owners of a pass-through business look with envy on the corporate tax environment, they have a simple remedy — just incorporate the business. Most every privately-owned local business these days is organized as a pass-through — car dealers, restaurants, insurance agencies, real estate development or leasing, you name it. As a result, every congressional district is packed with pass-through companies, whose most successful owners populate the local country clubs and fund electoral candidates. These owners believe that tax parity is an insufficient expression of national gratitude for all that they have done for us.

In , they therefore demanded and ultimately got a special low top marginal tax rate on their pass-through income of about 30 percent, rather than 37 percent. The rule has seven years to run, and, if anything, the original projection underestimated the cost to all taxpayers of this provision.

Congress: If You Don't Want To Tax Scholarships And Survivor Benefits, Fix The Law You Passed

Already, the drums are beating to make this permanent. Of course tax giveaways are not presented as such when it comes time to lobby.


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To that end, the tax law introducing the discounted tax rates for pass-through income included all sorts of purported guardrails and limitations to create the impression that this tax subsidy was aimed only at the most-deserving sorts of active businesses. But the new data from the JCT staff puts the lie to all this. Some 92 percent of all pass-through income in will qualify for the discounted tax rate, which means that the guardrails and limitations are largely just opportunities for tax professionals to create work-arounds and bill for doing so.

And by virtue of some of the technical intricacies of the law, many of those affluent individuals will be purely passive investors in various real estate ventures and the like, not heroic job creators. Indeed, the giveaway does not require any beneficiary to create new jobs as the price of enjoying the subsidy. Congress should repeal this shameful subsidy immediately and redeploy the money in ways that truly benefit all working Americans.

‘Dem sponsor needed’ for expat tax fairness bill, Rep. Holding tells London gathering

Edward Kleinbard is the Robert C. The accusation may or may not have been true, but the idea that the executive branch should have exclusive control over access to tax returns became increasingly untenable. In offering himself up as a hypothetical target of investigation, Garner underscored the impotence of Congress. The final legislation established safeguards against the reckless dissemination of private tax information.


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  5. As Yin has observed, Congress ultimately choose an evenhanded strategy, refusing to prohibit committees from sharing tax information, but also refusing to mandate that they must share whatever information they gathered. Since then, the balance of power has shifted to Congress. Which brings us to now. The Trump administration can certainly fight the case in court.

    But the deep history of this particular provision in the tax code is unequivocal. Sooner or later, the president is going to have to surrender the returns. Financial Planning. Sign Up. April 22, , a. President Donald Trump speaks during a roundtable discussion on the economy and tax reform in Burnsville, Minnesota, U.

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