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House Passes Sweeping Health Care Reform Bill 

House lawmakers made good on their promise to pass a sweeping overhaul of the nation's health insurance system, approving the Affordable Health Care for America Act (HR 3962) by a vote of 220 to 215. The historical vote came late on November 8, after lawmakers from both parties spent the day debating the merits of the legislation, including whether funding for abortion should be paid for by federal dollars.

Democratic lawmakers said the measure, which will provide insurance for 96 percent of Americans, is the single most important step in 100 years to address the health care needs of American families. "This bill will at long last reform the health care system by expanding choices, reducing costs, and providing people with peace of mind about their health insurance," said Rep. Henry Waxman, D-Calif., who chairs the House Energy and Commerce Committee. The bill was a merger of work produced by his committee and the House Ways and Means and House Education and Labor committees.

GOP lawmakers characterized the legislation as a job-killing, big government takeover of the health care system that would disrupt the free market and interfere with doctor/patient relationships. "Taken in full, this government takeover of health care will increase federal health care spending, pile more debt onto the backs of our children, and hurt our economy with job-killing tax increases," said Rep. Tom Price, R-Ga., chairman of the conservative House Republican Study Committee. "But most disturbingly, it will place Americans' personal medical decisions in the hands of faceless bureaucrats in Washington."

The White House issued a statement of administrative policy on November 6 offering strong support for the legislation, noting that the public option for insurance included in the bill will ensure that Americans benefit from choice and competition in the market. "HR 3962 will provide needed insurance reforms for Americans with insurance, expand coverage for those who do not have insurance, lower costs for families and businesses, and begin to reduce the Nation's deficit," according to the administration statement. The Congressional Budget Office and the Joint Committee on Taxation estimate that the health care bill would cut the federal budget deficit by $109 billion over the 2010 --2019 period. The JCT estimated a net cost of $891 billion over 10 years for the health reform legislation.

To offset that cost, Democrat lawmakers relied on a combination of cuts in Medicare spending and increases in federal taxes. The biggest revenue raisers in the legislation are a 5.4 percent surtax on individuals with adjusted gross income (AGI) in excess of $500,000 and for families, with AGI in excess of $1 million. That provision would raise $460 billion. Another $20 billion would come from a 2.5 percent excise tax on the sale of medical devices, approximately $17 billion would come from changes to information reporting requirements for corporations, $6 billion from repealing worldwide interest allocation rules, and $23 billion from changes to a biofuel tax credit used by paper manufacturers.

Reaction from Senate Republicans was swift and negative. Speaking on "CBS News' Face the Nation "program on November 8, Sen. Lindsey Graham, R-S.C., said "the House bill is dead on arrival in the Senate. Just look at how it passed." He noted that 39 Democrats from swing states voted against the bill, which only received two more than the 218 needed for passage. "It was a bill written by liberals for liberals. And people like (Sen.) Joe Lieberman, (I-Conn.), are not going to get anywhere near the House bill," Graham predicted. "It cuts Medicare about $500 billion dollars. It's over a trillion dollars in new spending. It does have the public option. So the House bill is a non-starter in the Senate." 



CCH Weekly Report from Washington, D.C.

President Obama on November 6 signed into law the Worker, Homeownership, and Business Assistance Act of 2009 (HR 3548), which extends unemployment benefits. On the Treasury front, officials discussed the Report of Foreign Bank and Financial Accounts (FBAR) form, the new markets tax credit and the tax implications of certain types of corporate reorganizations. The IRS, meanwhile, reported statistics indicating a large uptick in electronic income tax return filing in 2009 and released guidance regarding foreign taxpayers exploring natural resources in the Outer Continental Shelf and reminders to taxpayers about certain features of the energy property credit.

Congress

House lawmakers on November 5 voted 403 to 12 to approve HR 3548 (TAXDAY, 2009/11/06, C.1) one day after Senate lawmakers approved the unemployment extension bill by a vote of 98 to 0 TAXDAY, 2009/11/05, C.3. President Obama signed the measure into law on November 6 (TAXDAY, 2009/11/09, W.1).

The legislation provides 14 additional weeks of benefits to all unemployed people who exhaust their benefits. It also gives six additional weeks of benefits to unemployed people who exhaust their benefits in states with 8.5-percent or greater unemployment. The total cost of the package is $2.4 billion and will be paid for with an extension of the federal unemployment tax (FUTA) through June 30, 2011. The measure also extends the $8,000 tax credit for first-time homebuyers through April 2010 and allows a reduced credit of $6,500 for homeowners who have lived in their current residence for five years or more. The bill includes an expansion of net operating loss (NOL) rules, allowing all businesses to carry back NOLs for up to five years for losses incurred either in 2008 or 2009.

House Ways and Means Select Revenue Measures Subcommittee Chairman Richard E. Neal, D-Mass., predicted on November 5 that Congress would enact legislation before the end of 2009 to strengthen foreign bank account reporting and tax compliance TAXDAY, 2009/11/06, C.2). Neal's comments came during a subcommittee hearing on the same issue.

The Senate Finance Committee conducted a hearing on November 4 on the nomination of Michael Mundaca, to become assistant Treasury secretary for tax policy (TAXDAY, 2009/11/05, C.2. In his testimony, Mundaca stated that the current income tax system fails in the areas of simplicity, fairness and promotion of growth in tax revenue. He praised the administration's budget proposals for increasing domestic and cross-border compliance, as well as its coordination with the G-20 and Organisation for Economic Co-operation and Development (OECD) to increase the number of countries with information exchange agreements with the U.S. In addition, he expressed a desire to improve the current income tax system, opining that it does not provide simplicity, is not fair and does not promote the growth of federal tax revenue.

Treasury/IRS

New Markets Tax Credit. An additional $5 million has now been allocated to the new markets tax credit, Treasury Secretary Timothy F. Geithner announced on October 30 (TDNR TG-337, TDNR TG-338, TAXDAY, 2009/11/02, T.1). Speaking at a job training center in Chicago, Geithner advocated for the credit as a proven and effective engine of economic growth, stating that its tax benefit has resulted in increased hiring.

FBARs. Speaking at the Practising Law Institute's (PLI's) Mergers and Acquisitions Conference on October 30 in New York, new Deputy Assistant Treasury Secretary (Tax Policy) Emily McMahon announced that further "comprehensive guidance" will be released early in 2010 on FBAR filing (TAXDAY, 2009/11/02, T.2). These details would be available "well before next year's filing deadline," she reassured the audience. She also stated that Notice 97-66, 1997-2 CB 328, dealing with U.S. withholding tax rules, will be withdrawn soon, but would not further predict what guidance, if any, would replace it.

Corporate Transactions. At a November 3 D.C. Bar association luncheon in Washington, D.C.,Donald Bakke of the Treasury Office of Tax Legislative Counsel, along with Bruce Decker of the IRS Chief Counsel's Office, discussed all-cash "D" reorganizations and the controversial temporary regulations issued in 2006 under Temporary Reg. §1.368-2T(l), which sunset on December 18, 2009 (TAXDAY, 2009/11/04, T.2). Bakke said that, while the Treasury is still grappling with the approach it will use in the final regulations, deeming an acquiring corporation to have issued a nominal share of its own stock to the target corporation so that the distribution requirement of a D reorganization is satisfied continues to serve some use.

TIGTA Reports. The Treasury Inspector General for Tax Administration (TIGTA) publicly released two important audit reports.

Return/Transcript Requests. TIGTA issued a report asserting that the IRS needs to strengthen its internal controls over the processing of taxpayer requests for copies of their income tax returns and transcripts to prevent the unauthorized disclosure of confidential information (Taxpayer Information Is at Risk When Copies of Tax Returns and Transcripts Are Ordered (Reference Number: 2009-40-140) (TAXDAY, 2009/11/04, T.1). According to the report, 43 percent of taxpayer requests for copies of tax returns or transcripts were not correctly processed or did not comply with applicable IRS guidelines; including instances that potentially increased the risk of unauthorized disclosure of confidential information.

Health Coverage Tax Credit. TIGTA also reported that a large number of taxpayers are incorrectly claiming the health coverage tax credit (HCTC) or failing to provide the required documentation (Improvements Are Needed to Ensure the Health Coverage Tax Credit Is Properly Claimed on Tax Returns, (Reference Number: 2009-40-137) (TAXDAY, 2009/11/06, T.1). TIGTA sampled 2007 returns, identifying 1,260 individuals who erroneously claimed approximately $1.8 million in credits.

E-filing. A record 95 million individuals electronically filed their federal income tax returns during 2009, the IRS announced, for an increase of almost six percent from 2008 (IR-2009-99; TAXDAY, 2009/11/03, I.2). Approximately two out of three individual taxpayers e-filed this year as over 67 percent of the returns filed so far in 2009 were e-filed.

Energy Property Credit. The IRS released a list of seven features of the nonbusiness energy property credit of importance to homeowners (IRS Special Edition Tax Tip 2009-12; TAXDAY, 2009/11/04, I.2). The IRS indicated that the credit applies to home improvements such as insulation, energy-efficient exterior windows, and energy-efficient heating and air-conditioning.

U.S. Tax Filing for Foreign Companies. The IRS's Large and Mid-Sized Business (LMSB) Division has issued a directive addressing foreign taxpayers engaged in activities related to the exploration for, or exploitation of, natural resources on the Outer Continental Shelf in the Gulf of Mexico (the "OCS") (Industry Director's Directive #1 - United States Outer Continental Shelf Activity --LMSB; TAXDAY, 2009/11/02, I.3). The issuance of the directive follows an LMSB analysis indicating that a significant number of foreign vessels permitted to work in the OCS do not comply with U.S. filing requirements.

Levy Payments. Internal guidance from the IRS Small Business/Self-Employed Division was released this week to clarify the agency's Internal Revenue Manual procedures regarding levy payments and the process for using surplus levy proceeds to offset taxes owed, but not listed on the levy ("Interim Guidance Memorandum for Disposing of Surplus Proceeds and Levy Payments" (SBSE-05-1009-062; TAXDAY, 2009/11/04, I.3).

IRS Audit Documentation. The IRS Director, Examination Policy, advised Tax Compliance Officers and Tax Auditors to use Lead Sheet 130, Multi-year Leadsheet, instead of Form 4700-A, Form 4700 Supplement, in their examinations case files (IRS SB/SE Interim Guidance for Office Examination Regarding use of the Multi-year Lead sheet, SBSE-04-0509-027; TAXDAY, 2009/11/03, I.3). The advice came in response to a TIGTA audit report entitled "Examiners Did Not Always Properly Select the Prior and/or Subsequent Year Tax Returns" in which TIGTA found that examiners did not adequately notate case files regarding prior year or subsequent year examinations and did not make proper decisions in selecting returns for examination as a result.



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