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Monday, March 7, 2011

Tax Reform: An Overview of Proposals in the 112th Congress


James M. Bickley
Specialist in Public Finance

The President and leading members of Congress have stated that fundamental tax reform is a major policy objective for the 112th Congress. These policymakers have said that fundamental tax reform is needed in order to raise a large amount of additional revenue, which is necessary to reduce high forecast budget deficits and the sharply rising national debt. Congressional interest has been expressed in both a major overhaul of the U.S. tax system and the feasibility of levying a consumption tax. Some proponents of reform argue that the tax base should be broadened by reducing or eliminating many tax expenditures. Tax expenditures are revenue losses resulting from federal tax provisions that grant special tax relief designed to encourage certain kinds of behavior by taxpayers or to aid taxpayers in special circumstances. If tax expenditures are reduced substantially or a consumption tax is levied or both, then the marginal income tax rates could be reduced. An alternative to increasing tax revenues is cutting spending. Thus, members are faced with considering the best mix of tax increases and spending cuts in order to reduce deficits and slow the growth of the national debt.

Proposals for fundamental reform have been made in reports by the National Commission on Fiscal Responsibility and Reform (the “Commission”) and the Debt Reduction Task Force of the Bipartisan Policy Center. The proposals in these reports may influence the debate over fundamental tax reform. Both proposals recommended the elimination of most tax expenditures and the lowering of marginal corporate and individual income tax rates. In addition, the Debt Reduction Task Force recommended the levying of a 6.5% value-added tax. In the 112
th Congress, fundamental tax reforms are proposed in two companion bills, H.R. 25 and S. 13, the Fair Tax Act of 2011, and H.R. 99, the Fair and Simple Tax Act of 2011. An evaluation of these and other proposals would consider the effects on equity, efficiency, and simplicity.

This report primarily covers fundamental tax reform. CRS reports are available online concerning the other three categories of tax reform: tax reform based on the elimination of the individual alternative minimum tax (AMT), proposals for reforming the corporate income tax, and proposals for reforming the U.S. taxation of international business.

A temporary individual AMT patch for 2010 and 2011 was included in the Tax Relief, Unemployment Insurance Authorization, and Job Creation Act of 2010, which became P.L. 111- 312 on December 17, 2010. The patch increased the individual AMT exemption amounts. Some proponents of tax reform argue that the AMT should be repealed or a permanent patch should be passed. The repeal or passage of a permanent patch of the individual AMT would require a major increase in taxes to offset the large revenue loss.

Options for reforming the corporate income tax are under consideration. The concept of lowering the marginal corporate income tax rate and broadening the corporate income tax base has been advocated by some members of Congress. Other options for reform include corporate tax integration and the replacement of the income tax system with a consumption tax.

The current system of U.S. taxation of international business is complex and difficult to administer. Furthermore, critics argue that the current system is not sufficiently neutral, which results in economic inefficiency. Proposals to reform the system include the replacement of the current hybrid system with either a territorial tax system or a residence-based system.



Date of Report: February 23, 2011
Number of Pages: 12
Order Number: R41591
Price: $29.95

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Economic Analysis of the Enhanced Form 1099 Information Reporting Requirements

Mark P. Keightley
Analyst in Public Finance

Beginning January 1, 2012, a business will have to file a Form 1099-MISC information return with the Internal Revenue Service (IRS) if the total amount of payments made to most businesses in exchange for goods or services is $600 or more in a year. Previous law only required that an information return be filed for payments made in exchange for services and exempted payments made to corporations. The new reporting requirements were enacted as part of the Patient Protection and Affordable Care Act (P.L. 111-148) and are intended to increase tax payment compliance and reduce the net tax gap. The net tax gap is estimated to be around $356 billion in 2010 after adjusting for inflation and recouped taxes. The Joint Committee on Taxation (JCT) estimates that the new reporting requirements will raise $17.1 billion over 10 years, or about $1.7 billion on average annually.

This report analyzes the new 1099-MISC requirements. Data on the tax gap and tax payment compliance are presented. Small business taxpayers are shown to be the largest single contributor to the tax gap and are also shown to have one of the highest rates of noncompliance. The JCT revenue score is used to estimate that the new requirements will reduce the tax gap by 0.50%, and increase tax payment compliance by 0.40%. The value of the new requirements is evaluated from the perspective of the revenue raised in comparison to the compliance costs imposed on businesses and the administrative costs imposed on the government.

Several proposals have been introduced in the 112
th Congress that would repeal the new 1099- MISC reporting requirements. These proposals include ones made by Representative Dan Lungren (H.R. 4 and H.R. 144), Representative Steve Scalise (H.R. 60), Representative Joe Courtney (H.R. 584), Senator Mike Johanns (S. 18), and Senator Max Baucus (S. 72). Several proposals were also offered in the 111th Congress to repeal or modify the new reporting requirements, including ones by Representative Sander Levin (H.R. 5982), Senator Mike Johanns (S. 3578, S.Amdt. 4596 to H.R. 5297, and S.Amdt. 4702 to S. 510 ), Senator Max Baucus (S.Amdt. 4713 to S. 510), and Representative Dan Lungren (H.R. 5141) that would have repealed the new requirements. A proposal made by Senator Bill Nelson (S.Amdt. 4595 to H.R. 5297) would have increased the reporting threshold to $5,000 for payments in exchange for goods, and exempt businesses with no more than 25 employees from the reporting requirements for payments in exchange for goods. The $600 reporting threshold for payments in exchange for services would have been unchanged. These proposals are evaluated in this report.

Both the Bush and Obama Administrations have presented an option in several recent budget proposals that would have required reporting for payments in exchange for goods, but to continue to exempt payments to corporations. Others have suggested simplifying the tax code to reduce the incentive to evade or avoid taxes, and upgrading information reporting infrastructure at the IRS to reduce the burden of being compliant.



Date of Report: February 24, 2011
Number of Pages: 15
Order Number: R41400
Price: $29.95

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Friday, March 4, 2011

Community Services Block Grants (CSBG): Background and Funding



Karen Spar
Specialist in Domestic Social Policy and Division Research Coordinator

Community Services Block Grants (CSBG) provide federal funds to states, territories, and tribes for distribution to local agencies to support a wide range of community-based activities to reduce poverty. Smaller related programs—Community Economic Development, Rural Community Facilities, Job Opportunities for Low-Income Individuals (JOLI), and Individual Development Accounts (IDAs)—also provide grants for anti-poverty efforts and are administered at the national level. CSBG and some of these related activities trace their history to the War on Poverty of the 1960s. The programs currently are administered by the Department of Health and Human Services (HHS).

CSBG and related activities are operating at FY2010 levels under the latest in a series of continuing resolutions (CRs) for FY2011. The current CR (P.L. 111-322) expires on March 4. The House passed legislation on February 19 (H.R. 1) to extend funding through the end of FY2011, but at sharply reduced levels for many government programs, including CSBG. As passed by the House, H.R. 1 would provide a total of $405 million for programs authorized under the CSBG Act; this would include $395 million for the block grant (compared to the FY2010 level of $700 million) and $10 million for Rural Community Facilities (which is the same as the FY2010 level). No funding would go to Community Economic Development, and it is not clear whether JOLI or IDAs would be funded.

While final action on the FY2011 budget remains uncertain, President Obama released his FY2012 budget proposals on February 14, seeking $350 million for the CSBG next fiscal year (a 50% reduction from FY2010 levels). Coupled with this request is the stated intent to move toward a competitive program; states would award block grant funds among local agencies on a competitive basis, rather than the long-standing mandatory pass-through to designated “eligible entities.” The Administration also requested $20 million for Community Economic Development (down from the FY2010 level of $36 million), $24 million for IDAs (the same as FY2010), and no funding for Rural Community Facilities or JOLI. FY2010 levels for these programs are $10 million and $2.6 million, respectively.

When President Obama submitted his FY2011 budget request more than a year ago (on February 1, 2010), he proposed total funding of $760 million for CSBG and related activities ($700 million for the block grant, $36 million for Community Economic Development, and $24 million for IDAs). The Administration requested less in total funding for CSBG and related activities for FY2011 than was provided for FY2010 because both Rural Community Facilities and JOLI would have been eliminated. The Administration also did not seek to continue the $1 billion in funding provided to CSBG under the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5).

According to state-reported data for FY2008 (the latest year for which data are available), the nationwide network of more than 1,000 local CSBG grantees provided services to nearly 16.4 million individuals in 7.1 million low-income families.

Although Congress has continued to fund CSBG and related activities each year through appropriations laws, the legislative authorization of appropriations for these programs expired at the end of FY2003. No reauthorization proposal has been introduced since the 109
th Congress.


Date of Report: February 22, 2011
Number of Pages: 26
Order Number: RL32872
Price: $29.95

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Unemployment Insurance: Legislative Issues in the 112th Congress


Katelin P. Isaacs
Analyst in Income Security

Julie M. Whittaker
Specialist in Income Security


The 112th Congress may consider a number of issues related to currently available unemployment insurance programs: Unemployment Compensation (UC), the temporary Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). With the national unemployment predicted to remain high into next year, the increased demand for regular and extended unemployment benefits will continue. At the same time, the authorization for several key unemployment insurance provisions is temporary and will end in the next year. For instance, the EUC08 program, which currently provides the bulk of extended unemployment benefits, is scheduled to expire the week ending on or before January 3, 2012. The 100% federal financing of the EB program, will expire on January 4, 2012. In addition, a temporary 0.2% federal unemployment tax (FUTA) surtax expires at the end of June 2011.

The 112
th Congress faces these upcoming expirations as well as other likely unemployment insurance policy issues, including unemployment insurance financing. Additionally, recent policy discussions have focused on the appropriate length of unemployment benefits. This discussion includes consideration of whether additional weeks of unemployment benefits—the creation of a tier V of the EUC08 program, for instance—is warranted.

This report provides a brief overview of the three unemployment insurance programs—UC, EUC08, and EB—that may currently pay benefits to eligible unemployed workers. It also summarizes unemployment insurance legislation in the previous (111
th) Congress and describes relevant legislation introduced in the 112th Congress.


Date of Report: March 1, 2011
Number of Pages: 14
Order Number: R41662
Price: $29.95

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Thursday, March 3, 2011

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation


Michael V. Seitzinger
Legislative Attorney

As part of their financial regulatory reform legislation, both the House and the Senate passed bills with provisions applying to executive compensation. The House- and Senate-passed executive compensation provisions differed, in some cases significantly.

The House and Senate conferees on Wall Street reform passed an executive compensation subtitle. On June 30, 2010, the House agreed to the conference report for H.R. 4173, now referred to as the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Senate agreed to the conference report on July 15, 2010. The President signed the bill into law as P.L. 111-203 on July 21, 2010.

Among the provisions of the bill are say-on-pay requirements, the establishing of independent compensation committees, the clawback of unwarranted excessive compensation, and requirements on the executive compensation at financial institutions.

On October 18, 2010, the Securities and Exchange Commission (SEC or Commission) proposed rules to implement Dodd-Frank’s executive compensation provisions. On January 25, 2011, the SEC adopted rules concerning shareholder approval of executive compensation and golden parachute compensation arrangements as required by Dodd-Frank.



Date of Report: February 3, 2011
Number of Pages: 5
Order Number: R41319
Price: $19.95

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