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February, 2012 - Vol. 20 No. 2

Conference committee reboots negotiations on payroll tax relief

Negotiations over an extension of the current-law 2 percent payroll tax holiday through the end of the year kicked off on January 24 when the 20-member House-Senate conference committee gathered for its first meeting. Opening statements offered by each member demonstrated broad agreement on extending through 2012 payroll tax relief, federal unemployment insurance (UI) benefits, and provisions to prevent a scheduled cut in payments to Medicare providers (the so-called “doc fix”) – all of which are scheduled to expire after February 29. At the same time, however, Democrats and Republicans appeared far apart on how to pay for the roughly $160 billion package and whether other provisions should
also be included in the conference report.

While Democratic conferees generally spoke in favor of extending UI benefits without offsetting the cost, they indicated that upper-income taxpayers or corporations should bear the burden if Republicans insist upon an offset. Specifically, many Democrats said this could be accomplished by imposing a surtax on millionaires, taxing carried interests as ordinary income, or repealing oil and gas tax incentives. Republicans, meanwhile, generally opposed leaving any provision unoffset or using
tax increases as pay-fors.

Many Republicans also argued in favor of including provisions to ensure the Keystone XL oil pipeline moves forward and to relax Environmental Protection Agency regulations on industrial boilers. And for his part, Senate Finance Committee member Ben Cardin, D-Md., called on the committee to extend certain renewable energy tax incentives.

But conference committee Chairman Dave Camp, R-Mich., who also chairs the House Ways and Means Committee,
suggested that provisions outside of payroll tax relief, UI benefits, and the ‘doc fix’ likely will be forced to take a back seat in negotiations.

“I think we need to have a stricter scope of conference. We need to decide on what our responsibilities are before we open it up to more things,” Camp said after the meeting.

Conferees are scheduled to meet again on February 1 to examine the policy details of payroll tax relief, UI benefits, and the doc fix.

Federal debt ceiling to increase

In other news, the Senate on January 26 rejected, by a vote of 44-52, a motion to proceed to a disapproval resolution related to President Obama’s January 12 request to increase the debt limit by $1.2 trillion pursuant to the Budget Control Act of 2011. The Senate’s rejection paves the way for the debt limit to rise to $16.4 trillion on January 27. The Republican controlled House of Representatives had previously approved the resolution along party lines on January 18.

This closes out the debt limit increase process put in place by the Budget Control Act. The next required increase – which is presently expected in late 2012 or early 2013 – will therefore require affirmative votes in both chambers.
Congress approves short-term extension of FAA funding

House lawmakers on January 24 cleared by voice vote legislation (H.R. 3800) that extends excise taxes at their current levels, through February 17, to finance Federal Aviation Administration (FAA) programs. The Senate approved the House measure by voice vote on January 26. The temporary fix allows negotiators time to find common ground on a longer-term reauthorization (reportedly four years).

— Joel Deuth
Tax Policy Group
Deloitte Tax LLP

The information contained is for general purposes only. The views expressed in this article are those of the author and do not constitute tax advice from or reflect the view of Deloitte & Touche LLP. Deloitte & Touche LLP assumes no responsibility with respect to assessing and/or advising the reader as to the respective tax consequences arising from circumstances relating to the reader's particular tax situation. It is recommended that the reader consult with their own tax advisor with regard to the application of the tax laws and resulting tax consequences relating to the reader's particular situation.

 
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