A Comparison of Trump and House GOP Tax Reform Proposals
HIGHLIGHTS:
- With Republicans in control of the U.S. Senate, the U.S. House of Representatives and the White House starting in 2017, the federal government is now better positioned to move forward on comprehensive tax reform.
- It is expected that upcoming tax reform efforts will build on the principles set forth in the House Republicans' "A Better Way" proposal, as well as the tax proposals advanced by President-Elect Donald Trump during the course of his campaign.
With Republicans in control of the U.S. Senate, the U.S. House of Representatives and the White House starting in 2017, the federal government is now better positioned to move forward on comprehensive tax reform, with anticipated legislation that restructures both the individual and business income tax provisions of the Internal Revenue Code. It is expected that upcoming tax reform efforts will build on the principles set forth in the House Republicans' "A Better Way" proposal, released by House Speaker Paul Ryan (R-Wis.) in June 2016, as well as the tax proposals advanced by President-Elect Donald Trump during the course of his campaign. Trump's original tax plan was proposed in September 2015, and his revised tax plan was proposed in September 2016.
Below is a comparison of the House GOP plan and the Trump plan. While there are many differences in the extent of tax relief promoted by each plan (with Trump's being by far the more generous), there are many similarities on key issues, including significant cuts in both individual and business tax rates, repeal of the estate tax and efforts to position U.S. businesses to compete on a more level playing field internationally. Of course, there are many details still to be completed, and many House Republicans have made it clear that they have no intention of passing huge tax cuts that would worsen the growing federal deficit. For the most part, however, details about any offsetting tax revenue raisers that may be imbedded in tax reform have yet to be worked out or disclosed.
It is important to note that any House-passed tax reform may need to be negotiated with the Senate, led by Minority Leader Charles Schumer (D-N.Y.) and Senate Committee on Finance Chairman Orrin Hatch (R-Utah). The Democrats' priorities differ significantly in focus from the Republican proposals, and it is likely that the Democrats' strong minority will, under Senate rules, make them key players in developing any tax reform legislation that can pass the Senate. Additionally, Hatch and his staff have been working for months on a comprehensive "corporate integration" tax plan aimed at eliminating the double taxation of income earned by corporations, but the plan has not yet been released. Such a plan may be substantially different than the House GOP or Trump plans.
Tax Reform Proposal |
Trump Plan |
House GOP Plan |
Individual Tax Rates |
Three brackets: 12 percent 25 percent 33 percent
Eliminate head-of-household status |
Three brackets: 12 percent 25 percent 33 percent |
Capital Gains and Qualified Dividends Rates |
0 percent if in 12 percent bracket
15 percent if in 25 percent bracket
20 percent if in 33 percent bracket |
50 percent exclusion for all investment income (dividends, capital gains and interest) |
Personal Exemption |
Replaced with above-the-line deduction for child care and elder care expenses, as well as tax-deferred Dependent Care Savings Accounts |
Replaced with increased dependent credit and expanded child tax credit |
Standard Deduction |
$15,000 for single filers
$30,000 for joint filers |
$12,000 for single filers without children
$18,000 for single filers with children
$24,000 for joint filers |
Itemized Deductions |
Capped at $100,000 for single filers and $200,000 for joint filers |
Silent |
Exclusion of Investment Income on Life Insurance Contracts |
Repeal* |
Silent |
Alternative Minimum Tax (AMT) |
Repeal |
Repeal |
Marriage Penalty |
Repeal |
Repeal |
Home Mortgage Interest Deduction |
Retain* |
Retain |
Carried Interest |
Taxed as ordinary income |
Reasonable compensation will be paid or treated as paid by pass-through entities to owner-operators
Entity can deduct the income and owners must include it in income |
Corporate Tax Rate |
15 percent |
20 percent |
Depreciation |
If election is made, immediate deduction of capital expenditures by manufacturers
Interest on debt used to acquire such assets would not be deductible |
Immediate deduction of capital expenditures |
Business Tax Rate |
Income from S corporations, partnerships, disregarded entities and sole proprietorships would be taxed at 15 percent |
Income from S corporations, partnerships, disregarded entities and sole proprietorships would be taxed at 25 percent |
Interest Deduction |
"Reasonable cap" on the deductibility of business interest expenses* |
Limited to interest income
Excess interest expense carries over to following years
Exceptions to be developed for financial businesses (e.g., banks, insurers, etc.) |
Net Operating Losses |
Silent |
Unlimited carryforward
Carryforwards will be increased by interest factor
Income that may be offset in any year limited to 90 percent of income
Eliminates carryback |
Section 199 Gross Production Activities |
Silent |
Repeal |
Business Tax Credits |
Largely repeal, but retain the research and development credit and business tax credit for on-site child care |
Largely repeal special-interest credits and deductions, but retain the research and development credit |
Taxation of International Income |
Silent |
Territorial system based on consumption |
Earnings of Foreign Subsidiaries |
One-time 10 percent deemed repatriation tax on cash held abroad that represents earnings of foreign subsidiaries of U.S. companies payable over 10 years
Future earnings of foreign subsidiaries of U.S. corporations are taxable as earned |
One-time deemed repatriation tax on earnings of foreign subsidiaries of U.S. companies of 8.75 percent to the extent held in cash or cash equivalent and 3.5 percent otherwise, payable over eight years |
Dividends from Foreign Subsidiaries |
Silent |
Excluded from income of U.S. parent |
Subpart F Income |
Silent |
Largely repeal |
Gift Tax |
Repeal* |
Silent |
GST |
Repeal* |
Repeal |
Estate Tax |
Repeal |
Repeal |
Step-Up in Basis at Death |
Only to extent total appreciation does not exceed $10 million |
Silent |
*Denotes an item that was part of Trump's original tax plan but not mentioned in his revised tax plan.
Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.