How the Republican Tax Cuts Are Helping New Jersey
New York is benefiting greatly from the Tax Cuts and Jobs Act enacted by Republicans in 2017:
New Jersey Families See Increased Tax Simplification and Tax Reduction. Americans at every income level have seen significant tax reduction. 90 percent of families and individuals are seeing increased take-home pay across the country. There are numerous reforms in the bill that benefit taxpayers in New Jersey and across the country:
- The Tax Cuts and Jobs Act doubled the child tax credit from $1,000 to $2,000 per child. 563,170 New Jersey families took the Child Tax Credit in 2015.
- The Tax Cuts and Jobs Act doubled the standard deduction for an individual from $6,000 to $12,000 and for a family from $12,000 to $24,000. 2,574,770 New Jersey families and individuals took the standard deduction in 2015.
- The Tax Cuts and Jobs Act raised the threshold of the Alternative Minimum Tax so fewer taxpayers are forced to comply with the provision. 279,740 New Jersey families paid the Alternative Minimum Tax in 2015.
New Jersey Middle Class Families See Increased Take-Home Pay. In 2018, New Jersey taxpayers will see average tax reduction of $1,490 and around 6 in 10 New Jersey taxpayers see an average federal tax cut of $2,740.
- 90 percent of New Jersey taxpayers with annual income of between $48,300 and $77,300 will see an average federal tax cut of $930 in 2018.
- 84 percent of New Jersey taxpayers with annual income between $77,300 and $135,800 will see an average federal tax cut of $1,390 in 2018.
- 80 percent of New Jersey taxpayers with annual income between $135,800 and $314,500 will see an average federal tax cut of $3,070 in 2018.
New Jersey Families See Relief From the Individual Mandate Tax Penalty. Obamacare imposed a tax penalty of $695 for an individual and $2,085 for a family of four for failing to buy “qualifying” health insurance as defined by the federal government. The Tax Cuts and Jobs Act repeals this unfair tax.
The individual mandate tax penalty is one of the most regressive taxes in the code as it disproportionately impacts low and middle-income families:
- 188,570 New Jersey individuals and families paid a total of $93,342,000 in individual mandate tax penalties in 2015.
- 37.56 percent of New Jersey taxpayers (70,830 households) that paid the individual mandate made less than $25,000 in annual income.
- 77.91 percent of New Jersey taxpayers (146,910 households) that paid the individual mandate made less than $50,000 in annual income.
Tax Reform Benefits Businesses and Workers in New Jersey. The Tax Cuts and Jobs Act reduced the federal corporate tax rate to 21 percent and established a 20 percent small business deduction. Businesses across the state have responded by announcing pay raises, bonuses, 401(k) match increases, and expansions. For example:
- Tingley Rubber Corporation – based in Piscataway, New Jersey - announced one-time bonuses of $1,000 because of the recent tax reform passed by Congress.
- Quest Diagnostics Incorporated – based in Secaucus, New Jersey – has announced bonuses of up to $500 for 40,000 employees.
- Amicus Therapeutics – based in Cranbury, New Jersey – will build a $200 million facility in the U.S. instead of Europe because of tax reform. The factory will produce a new drug designed to treat Pompe, a rare, fatal disease. The facility will employ at least 200 people with an average salary of $100,000.
- Lowe’s – (5,000 employees at 39 stores and two distribution centers in New Jersey). Employees will receive bonuses of up to $1,000 based on length of service, expanded benefits and maternity/parental leave, and $5,000 of adoption assistance.
- Amboy Bank – based in Old Bridge, New Jersey – is increasing its employee base wage to $15 per hour and giving $1,000 bonuses for non-executive employees.
Lower utility bills: As a direct result of the TCJA’s corporate tax rate cut, New Jersey residents are saving money on utility bills. Lower electric, water, and gas bills help households and small businesses operating on tight margins. For example, at least fourteen New Jersey utilities reduced their customers' bills (see below).
New Jersey companies of all sizes give powerful testimonials to the power of tax reform:
Metallix (Shrewsbury, New Jersey) - Employee bonuses, investing in business growth:
First order of business? Giving each of Metallix’s 98 workers a $1,000 bonus, an unexpected surprise that came just days after tax reform took effect.
“From the outset, the company wanted to share the benefits of tax reform with our employees,” said Maria Piastre, president of Metallix. “On February 14, every employee received a net $1,000 after-tax bonus in response to tax reform. Coming so soon after our usual end-of-year bonuses, it was completely unexpected by Metallix employees, and we were all very happy to receive it.”
Metallix wasn’t shy about tying these bonuses directly to tax reform. Each employee also received a letter from Metallix owner Eric Leiner, who explained that tax reform was going to mean a big boost to the company—and that he wanted to make sure employees were receiving their share of the good fortune. Metallix employees clearly took this sentiment to heart.
Piastre said that, months after the bonuses were given out, many employees still had Leiner’s letter hung proudly at their desks.
Piastre also explained that Metallix was using some of the benefits of tax reform to grow their business—and that significant investments were now more feasible because the company’s taxes had been so substantially lowered. - August 2, 2018, National Association of Manufacturers article excerpt
Honeywell (Morris Plains, New Jersey) – increased 401(k) match:
“I am confident in Honeywell’s future, and our ability to continue to deliver for our shareowners and our employees. Our strong performance in 2017, together with the enactment of new U.S. tax legislation, has enabled us to increase our 401(k) match in the U.S. This is a sustained, annual benefit that will provide a more secure retirement for our employees. We believe that enhancing this benefit is extremely valuable and important to our employees over the long term,” Adamczyk concluded.—Jan. 26 2018, Honeywell press release
Flemington Car & Truck Family of Brands (Flemington, New Jersey) -- $500 employee bonuses:
The new tax reform law is giving some benefits to New Jerseyans. The Flemington Car and Truck Country Family of Brands, a new and used car dealership in Flemington, is awarding each of its full-time employees a $500 bonus because of the recently passed federal Tax Cuts and Jobs Act.
As a result of the corporate tax rate cut under the new law to 21 percent from 35 percent, the company will also look to upgrade its facility and hire additional workers. The dealership is 41 years old and has 17 brands in eight different locations.
“We believe this is the right thing to do,” said company chairman Steve Kalafer, in a written statement. “Reinvesting tax savings in our employees and our businesses will make our communities and America stronger. We call on all of the auto manufacturers we work with to help drive economic growth by giving back to the communities where they employ and invest with appropriate employee bonuses and by creating new jobs with their new capacity for additional capital expenditures.” – Jan. 8, 2018 NJ Biz article excerpt
Quest Diagnostics Incorporated (Secaucus, New Jersey) -- Bonuses of up to $500 for 40,000 employees:
Tax Reform Benefit
In 2018 the company expects to realize approximately $180 million in tax savings on an adjusted basis. Of this amount, the company plans to reinvest roughly $75 million before tax back into the business and its employees, resulting in a benefit of approximately $120 million to net earnings. Investment initiatives include:
-Advanced diagnostics innovation through new tests and high-touch concierge services;
-Investments to deliver a consistently excellent consumer experience both online through the MyQuest mobile patient application and patient service centers; and
-A bonus of up to $500 for nearly 40,000 employees to be paid based on the company's performance in 2018. -- Feb. 1 2018, Quest Diagnostics Incorporated press release
Merck (Kenilworth, New Jersey) -- Bonuses (details to be announced); increased charitable donations; increased capital expenditures:
“The recently enacted U.S. tax legislation improves Merck’s financial flexibility to invest in sustainable long-term value creating opportunities. In addition to the company’s ongoing investment in R&D, business development and continued support of the dividend, as well as share repurchases, the company also:
- Plans to invest approximately $12 billion over 5 years in capital projects including approximately $8 billion in the United States
- Made a contribution to the Merck Foundation in the fourth quarter of 2017
- Plans to provide a one-time, long-term incentive award for its eligible non-executive employees in the second quarter of 2018” – Feb. 2 2018, Merck press release
Tingley Rubber Company (Piscataway, New Jersey) -- $1,000 bonuses:
New Jersey based Tingley Rubber Corporation will be issuing all U.S. based employees one-time bonuses of $1,000 because of the recent tax reform passed by Congress.
Tingley’s ownership announced Thursday its plans to share some of the tax benefit directly with their employees to express the company's gratitude. The 122-year-old, fifth generation family owned business joins many businesses across the country in giving employee bonuses after Congress passed a sweeping tax cut for businesses and individuals.
President Donald Trump signed a bill on December 22nd overhauling the nation's tax code. One of the biggest changes included in the bill cuts the corporate tax rate from 35 percent to 21 percent for qualifying corporations. The bill also restructures and lowers the seven personal income tax brackets.
Based in Piscataway, NJ the privately held Tingley Rubber Corporation announced the bonuses during an employee luncheon held on March 22nd. The $1,000 bonuses will also be eligible for the company’s 401(k) plan deferral with the standard corporate match.
"The economic development that should come as a direct result of the new tax reform legislation and deregulations will positively affect Tingley’s ability to grow its business. The tax reform package will allow Tingley to invest more into our strategic initiatives, and better serve our customers, as well as our employees and shareholders," said Owner and Chairman of the Board, Bruce McCollum. Bruce’s son and owner JB McCollum said "We are excited for the opportunity to reward our dedicated and hard-working employees with this special bonus as a token of our gratitude."
President & COO, Mike Zedalis, expressed his gratitude to the McCollum family and sees the new tax plan as a major boost to Tingley: “Our company continues to grow, and enhanced investment into our operations will always bring benefits to our customers, employees and shareholders.”
Tingley Rubber Corporation is a leading supplier of protective footwear and clothing and has been protecting generations of workers since 1896. -- March 26, 2018 Tingley Rubber Corporation press release
Atlantic City Electric (Atlantic City, New Jersey) - The utility will pass along tax cut savings to customers:
Atlantic City Electric will provide $23 million in annual tax savings to its customers. The company made a filing this month with the New Jersey Board of Public Utilities, which was approved on March 26, 2018. Customers will begin to see reductions on their bills around April 1, 2018. - April 3, 2018, Exelon Utilities press release excerpt
Public Service Enterprise Group (Newark, New Jersey) – The utility will pass along tax reform savings to customers:
Public Service Electric and Gas Co. (PSE&G) today proposed to lower customer bills by approximately 2 percent on April 1 to pass on the benefits of the federal tax reform legislation enacted earlier this year.
In its filing with the NJ Board of Public Utilities, PSE&G will reduce rates by approximately $114 million on an annual basis effective April 1 to reflect lower federal taxes the utility will pay. The typical residential combined electric and gas customer will save nearly $41 per year. – March 2, 2018, PSE&G Press Release
New Jersey American Water (Camden, New Jersey) – The utility will pass along tax reform savings to customers:
The New Jersey Board of Public Utilities (BPU) today approved changes to New Jersey American Water’s base water and wastewater rates. The BPU also approved a credit resulting in the pass-back to customers over the next 10 months of $32.5 million in excess accumulated deferred income taxes associated with the Tax Cuts and Jobs Act. For the average residential customer, the base rate increase of $39 million annually will be offset by the credit through August 31, 2021 - October 28, 2020 American Water press release
New Jersey Natural Gas (Wall Township, New Jersey) – The utility will pass along tax reform savings to customers:
New Jersey Natural Gas (NJNG), a regulated subsidiary of New Jersey Resources (NYSE: NJR), today submitted a filing to the New Jersey Board of Public Utilities (BPU) to pass through the benefits of the recently enacted federal tax reform to customers. NJNG announced it will reduce customers’ rates by $21 million, effective April 1, 2018, resulting in a $31, or 3 percent, decrease to a typical residential heating customer’s annual bill.
NJNG also announced it will provide a one-time refund to customers totaling approximately $31 million. The estimated refund for a typical residential heat customer is $47. The actual refund amounts will be determined in May and reflect individual customer usage. Pending BPU approval, customers can expect to see these savings in their May or June bills.
For the rate decrease, a typical residential heating customer using 1,000 therms a year will see their annual bill go from $1,054 to $1,023, a savings of $31. When combined with the one-time refund, the customer will see an overall reduction of $78 or 7.4 percent this year. This adjustment will help ensure rates reflect the lower tax structure and any appropriate savings are passed on to customers.
“Our top priority is to ensure we deliver safe, reliable and affordable service to our customers, said Laurence M. Downes, chairman and CEO of New Jersey Resources. “We are pleased to pass along the benefits of tax reform to our customers through lower energy bills.” - March 2, 2018 New Jersey Resources press release excerpt
Rockland Electric Company (Pearl River, New York) – The utility will pass along tax reform savings to customers:
On March 2, 2018, the Company filed its petition pursuant to the Generic TCJA Order, including proposed tariffs as well as a proposed plan. Specifically, RECO's petition stated that the 2017 TCJA would result in an annual revenue requirement reduction for the Company of approximately $2.868 million, as of April 1, 2018. The Company decreased its net deferred tax liabilities by $45 million, decreased its regulatory asset of future income tax by $17.million and accrued a regulatory liability for future income tax of $28 million. REGO calculated its new interim rates effective April 1, 2018 using billing determinants underlying the distribution rates established in RECO's 2016 Base Rate Case. The Company calculated the current level of revenue based on the currently effective rates and allocated the distribution decrease among the service classifications in proportion to the relative contribution made by each class to the total current level of revenue.
The Company proposed to return to ratepayers the amounts deferred pursuant to the Generic TCJA Order for the period of January 1, 2018 until the effective date of the Company's new rates, by means of a sur-credit. The Company proposed to employ a short-term borrowing rate to accrue interest on the deferred amounts until the Company's returns such amount to ratepayers. The Company would return this total deferral amount over twelve (12) consecutive calendar months, commencing with the month immediately following when the Board issues an order approving the Company's new rate. The sur-credit would be applied to all service classifications on an equal per kWh basis for the twelve (12) month period. According to the petition, the Company's final effective rates reflect the proposed refund of the full amount of the excess accumulated deferred federal income tax liability to ratepayers. - June 22, 2018 New Jersey Board of Public Utilities document
Atlantic City Sewerage Company (Atlantic City, New Jersey) – The utility will pass along tax reform savings to customers:
The Update noted that effective April 1, 2018, ACSC implemented a rate decrease, to reflect the fact that the tax expense reflected in ACSC's rates had been calculated at the statutory 34% rate. The new rates, made effective April 1, 2018, were based upon the new statutory rate of 21%.
The Update noted that the April 1, 2018 rate reduction was based upon a reduction in income tax expense of $319,945.00. After applying ACSC's gross up factor, the rate decrease became an annual revenue reduction of $472,838.00. - February 27, 2019 New Jersey Board of Public Utilities document
SUEZ Water New Jersey, Inc. (Paramus, New Jersey) – The utility will pass along tax reform savings to customers:
On March 5, 2018, pursuant to the Generic Tax Order, SUEZ Water New Jersey, Inc., SUEZ Water Toms River, Inc. and SUEZ Water Arlington Hills, Inc. (collectively, "Joint Petitioners" or "Companies") filed a joint petition requesting Board approval to implement a reduction in base rates effective April 1, 2018, of $12.1 million for SUEZ Water New Jersey, Inc., $1.6 million for SUEZ Water Toms River, Inc. and $0.2 million for SUEZ Water Arlington Hills, Inc.
On March 26, 2018, the Board issued an Order ("March 2018 Order") approving the implementation of the Joint Petitioners' proposed rate reduction on an interim basis, effective April 1, 2018. The proposed refund and other rider tariffs were deferred until a later date. - February 27, 2019 New Jersey Board of Public Utilities document
Middlesex Water Company (Iselin, New Jersey) – The utility will pass along tax reform savings to customers:
On March 26, 2018, the Board issued an Order Adopting Initial Decision/Settlement ("Middlesex Rate Case Order'') in BPU Docket No. WR17101049, Middlesex's most recent base rate case. 3 This Order adopted a Stipulation of Settlement ("Rate Case Stipulation") executed by Middlesex, the New Jersey Division of Rate Counsel and Board Staff ("Parties"). Under the Rate Case Stipulation, the Parties agreed that the Company included in the Rate Case Stipulation the effect on Middlesex's rates of both phases of the required calculations as set forth in the Board's Generic Tax Order.4 This included $500,000 for Phase Two adjustments accounted for as a result of an analysis performed by the Company and reviewed by the Parties. 5 The Parties further agreed in the Rate Case Stipulation to continue to review any calculations associated with the Company's Phase Two adjustments on an ongoing basis, and to resolve any issues if they were to arise. 6 In addition, the Company agreed that, in the event the Phase Two adjustment resulted in less than the $500,000 returned to customers with the Board's approval of the Rate Case Stipulation, no further adjustment will be made. - August 29, 2018 New Jersey Board of Public Utilities document
Gordon’s Corner Water Company (Marlboro, New Jersey) – The utility will pass along tax reform savings to customers:
The Parties stipulated and agreed that all issues and requirements set forth in the Generic Tax Order as applied to Gordon's Corner were resolved. 5 Consistent with the Rate CaseStipulation, Gordon's Corner's new rates to be set as a result of that case include a one-time $0.56 (i.e., a 56 cent) credit per customer, reflecting a stub period total credit due to customers of $8,394. This credit resolves both this matter with respect to Docket No. Ax:18010001 as well as all issues in the Gordon's Corner Rate Case, associated with both Phase One and Phase Two of the Generic Tax Order. The Board NOTES that Gordon's Corner has already complied with Phase One of the Generic Tax Order by lowering its volumetric rate from $5.15 to $5.04, or $154,676 on an annual basis, The Board FURTHER NOTES that the new base rates agreed to by the Rate Case Stipulation reflect a rate base adjustment of $137,421, which represents the Accelerated Deferred Income Tax owed to ratepayers pursuant to the 2017 Tax Cuts Act. - August 29, 2018 New Jersey Board of Public Utilities document
Jersey Central Power and Light Company (Holmdel, New Jersey) – The utility will pass along tax reform savings to customers:
On March 2, 2018, the Company filed a petition pursuant to the Generic TCJA Order, which included proposed tariffs as well as a proposed plan. According to the petition, JCP&L recalculated its base rates to incorporate the impact of the mandatory reduction in the federal corporate income tax ("FIT") rate from 35% percent to 21%, effective January 1, 2018 in accordance with the 2017 Act and the Generic TCJA Order. JCP&L's proposed methodology and quantifications of the effects of the 2017 Act included the following: (1) a reduction in the FIT rate which would result in a base rate reduction of $28.6 million annually for the Company; (2) a deferral, as a regulatory liability, of $6.3 million on its books, with interest, for the impact of the reduction in the FIT rate on its tax gross-up between January 1, 2018 and March 31, 2018; and (3) non-rate base (unprotected) Excess Deferred Income Taxes ("EDITs") of $90.89 million to be amortized over a ten-year period (levelized). - May 8, 2019 New Jersey Board of Public Utilities document
South Jersey Gas Company (Folsom, New Jersey) – The utility will pass along tax reform savings to customers:
On March 2, 2018, the Company filed its petition pursuant to the Generic TCJA Order, including proposed tariffs as well as a proposed plan. Specifically, SJG stated that it planned: (1) a reduction in base rates of $25.88 million effective April 1, 2018; (2) a corresponding estimated $12.88 million refund to customers for the period January 1, 2018 through March 31, 2018 for the corresponding rate adjustment (including interest at the Company's short-term debt rate and (3) are-measurement and adjustment to rates related tci the "Unprotected" excess deferred income taxes of approximately $27.1 million associated with the implementation of the 2017 Act. - September 17, 2018 New Jersey Board of Public Utilities document
Elizabethtown Gas (Union, New Jersey) – The utility will pass along tax reform savings to customers:
On March 2, 2018, the Company filed its petition pursuant to the Generic TCJA Order, including proposed tariffs as w~II as a proposed plan. Specifically, ETG requested an annual reduction in firm distribution revenues of $10,938,818, effective April 1, 2018, which represents a 6.6% decrease. The Company also requested authorization to refund to customers for the difference between the effective April 1, 2018 rate and charges for January 1, 2018 through March 31, 2018, which was estimated to be $5.6 million. The Company proposed to refund the $5.6 million in a billing cycle during or before September 2018. Alternatively, the Company proposed to provide the refunds in May 2018 by filing a true-up after final rate approval by the Board. ETG proposed that the one-time refund would include interest at the Company's short-term debt rate as specified in the Company's last base rate case3 and· New Jersey Sales and Use Tax. ETG's calculations include an adjustment to eliminate all Investment tax credits for the revenue requirements. The Company's revenue factor will be reduced to 1.40828098. Additionally, the Company will use the Average Rate Assumption Method ("ARAM") to amortize the protected excess deferred tax liability and proposed to amortize the unprotected potions of the excess • over five (5) years. ETG's rate base includes an offset for deferred taxes, a portion of which will be used to provide customers an ongoing carrying cost benefit to the pre-tax weighted average cost of capital. To accomplish the rate reduction, the Company proposed to only reduce the distribution charges of its firm service classification and leave the monthly service charges untouched. The Weather Normalization Clause Margin Revenue Factor would be adjusted, effective January 1, 2018, to realize the full benefit of the 2017 Tax Act. - June 22, 2018 New Jersey Board of Public Utilities document
Aqua New Jersey (Hamilton Township, New Jersey) – The utility will pass along tax reform savings to customers:
On March 2, 2018, the Company filed its petition pursuant to the January 31, 2018 Generic TCJA Order, including proposed tariffs as well as a proposed plan. The Company's filing and proposed tariffs did not include an across-the-board rate reduction reflecting the reduction in the corporate tax rate from thirty-five percent (35%) to twenty-one (21 %). Therefore, Aqua refiled its petition ("Tax Rate Adjustment Filing") which reflected the reduction in the corporate tax rate from thirty-five percent (35%) to twenty-one percent (21%) on March 19, 2018.
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The Company represented that this rate change and one-time refund results in an overall rate decrease of approximately 6.8% to the average residential water customer using 5,000 gallons of water per month. - July 25, 2018 New Jersey Board of Public Utilities document
New Jersey-American Water Company (Camden, New Jersey) – The utility will pass along tax reform savings to customers:
The Signatory Parties have reviewed the Company's filing, exchanged discovery, filed comments and reply comments, and reached a resolution with regard to the disposition of the stub period amount and the difference between the originally implemented rate decrease of 5.88% and the agreed upon rate decrease of 6.12%. The resulting Partial Stipulation will result in NJAW issuing the agreed upon one-time credit to its customers. - July 10, 2019 New Jersey Board of Public Utilities document
Carneys Point Township (Carneys Point, New Jersey) -- The township is building a warehouse in an Opportunity Zone created by the Tax Cuts and Jobs Act:
A 1.284 million square foot warehouse complex is coming to Carneys Point Township. The deal, signed at the end of March, will be one of the many projects on tap for the Salem County town. Although the tenant utilizing the warehouse has not been finalized, the warehouse is expected to create as many as 500 jobs.
The rural town of 7,100 is located in the state's least populated county, which struggles with high unemployment figures (6.3% in February compared to the state's average of 4.7%) and low household income of about $52,800 on average.
The warehouse will be close to the McLane Distribution Center, a Wawa fulfillment center located on the westbound side of Route 40 that has already expanded multiple times. Plans include installing a traffic light at Courses Landing Road at Route 40, an intersection that's been a problem area for years, according to Carneys Point Township Mayor Ken Brown
"What really makes me happy is everybody in our government in our township worked together on this project," said Brown. "From our codes people to our committee people, to our office personnel, to
our attorneys, and everybody else with one focus: To get this job done and bring jobs to our town."
New Jersey-based Arbok Partners and Panattoni Development Company will build the warehouse. Both companies and the partnership specialize in industrial development.
Bo Farkas, who oversees all acquisition and development opportunities for Arbok Partners, said searching for potential areas for development is like trying to find "diamonds in the rough." Carneys Point fit the bill for the warehouse project. The area is minutes from the New Jersey Turnpike, close to the last exit before heading over the Delaware Memorial Bridge.
"One of the things that New Jersey has a shortage of are big box distribution buildings, especially those in the one million square feet size range. That was the main impetus for seeking out larger sites like the one in Carneys Point."
Carneys Point is one of two Salem County municipalities designated as an opportunity zone, an initiative the state says tries to bring more development and economic opportunities to urban and rural areas. -- April 7, 2019 South Jersey Times article
Amicus Therapeutics (Cranbury, New Jersey) – In order to find a cure for a rare disease, the company is building a $200 million facility in the United States instead of overseas. The facility will employ at least 200 people who will earn an average of over $100,000 per year:
Specialty drugmaker Amicus Therapeutics, Inc. has decided to spend as much as $200 million on a new production facility in the U.S. instead of Europe.
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At Amicus Therapeutics, the new tax law solved a geographic dilemma. The Cranbury, N.J., company is developing an experimental drug to treat Pompe disease, a rare inherited disorder that causes muscle weakness and can be fatal.
After early results for a new drug proved promising, Amicus wanted to increase production for further clinical testing and potential commercial sales.
Amicus, which has been using Chinese contract manufacturer WuXi Biologics to supply the drug, decided in August to build its own facility. The U.S. was at a disadvantage to Europe, due to its 35% statutory federal income-tax rate for companies. Ireland’s corporate tax rate, by contrast, is 12.5%.
Those financial considerations threatened to overshadow other advantages that a U.S. plant would offer, including the ease with which company officials could visit it, and the availability of talented workers in some regions.
“Our strong assumption was that it would be very challenging to establish a new bio-manufacturing facility in the U.S.,” Chief Executive John Crowley said in an interview.
As the tax legislation advanced in Congress last fall, however, building in the U.S. began to look more attractive. On Dec. 21, a day after Congress passed the final measure, which lowered the statutory corporate rate to 21%, Mr. Crowley recommended to his board the company focus on finding a U.S. site. The company has narrowed its choice to three East Coast cities Mr. Crowley declined to identify, and expects to decide in the next month or two. It expects the plant to cost $150 million to $200 million, and to employ at least 200 people at an average pay of $100,000 a year.
“With the changes in the tax law, it now makes the U.S. competitive with these geographies we’re looking at,” he said. – Jan. 26, 2018 Wall Street Journal article excerpt
Somerset Savings Bank (Bound Brook, New Jersey) -- $750 bonuses for employees excluding senior management:
Somerset Savings Bank announced today that, following the enactment of the new federal tax reform legislation, it will distribute a special cash bonus to its employees. Every employee, excluding senior management, will receive a one-time $750 bonus. – Jan. 23, 2018 Somerset Savings Bank press release
OceanFirst Financial Corp. (Toms River, New Jersey) – base wage increase to $15 per hour:
OceanFirst Financial Corp. (NASDAQ:OCFC) the holding company for OceanFirst Bank, today announced a commitment to increase the Bank's minimum hourly pay rate to $15.00 within 30 days of the enactment of the Tax Cuts and Jobs Act which has been approved by Congress and is expected to be signed into law in the near future." -- Dec. 22, 2017 OceanFirst Financial Corp. press release
Invertase Brewing Co. (Phillipsburg, New Jersey) -- A brewery is being built in an Opportunity Zone created by the Tax Cuts and Jobs Act:
A piece of paper taped to the door blocks the view inside. "No peeking!!" it says. There are smiley faces inside the O and under the two exclamation points.
Inside is where Stephen and Karen Zolnay are hard at work turning a family hobby of 15 years into a business.
When finished, Invertase Brewing Co. will be one of just a handful of breweries in northwest New Jersey, and the only one in Phillipsburg. Breweries are more plentiful just across the Delaware River in Easton, a community from which the Zolnays hope to draw support.
...
What's more, they said, the site is at a crucial intersection for Route 22 motorists getting to and from the free bridge and falls within an federal opportunity zone, giving them some economic incentive as well. -- July 21, 2019 Hunterdon County Democrat article
JLL Capital Markets (Jersey City, New Jersey) -- The company is investing in a brand new apartment complex, which will create new jobs:
"JLL Capital Markets has arranged a $20.5 million loan for an investment fund that’s buying a Jersey City apartment complex, NJBIZ reported. Borrower Normandy Opportunity Zone Fund, which is managed by Columbia Property Trust, plans to use the financing to purchase the 93-unit, six-story building known as The Ashton, which is in an opportunity zone. The building houses 62 parking spots, according to the outlet. Rialto Capital Management provided the two-year, floating rate loan. " -- February 26, 2020 The Real Deal article
JLL Capital (Jersey City, New Jersey) -- The company announced it is building an apartment community located in an Opportunity Zone created by the Tax Cuts and Jobs Act:
JLL Capital Markets announced today that it has arranged $41 million in acquisition financing for BELA, a newly developed, 104-unit, luxury apartment community located within a qualified opportunity zone in Jersey City’s rapidly expanding Bergen-Lafayette neighborhood.
JLL worked on behalf of the borrower, Golden Glades Capital Management, to arrange the two-year, floating-rate loan that was provided by Ares Commercial Real Estate Corporation (NYSE: ACRE). -- April 2, 2020 MultifamilyBiz article
Advanced Sciences and Technologies, LLC (Berlin, New Jersey) – increased 401(k) match for employees.
Unity Bank (Clinton, New Jersey) – all 200 non-executive employees will receive a $750 bonus:
In response to Congressional approval of tax reform legislation, Unity Bancorp, Inc. (NASDAQ:UNTY), parent company of Unity Bank, announced today that its Board of Directors has elected to provide all employees excluding executive management with a one-time $750 bonus.
“The bank’s Board and executive management felt strongly that the anticipated benefit of the corporate tax rate reduction should be shared with our employees,” said Unity Bank President & CEO James A. Hughes. “Unity’s employees constantly demonstrate their commitment to our customers and the community, not only in their work responsibilities, but by donating their personal time and resources to benefit those in need. We foster an entrepreneurial culture at Unity where the employees and bank can grow together and this decision fits perfectly with that philosophy.”
The corporate tax rate in the recently passed legislation will drop from 35% to 21%. Unity Bank intends to pay the bonuses to its approximately 200 employees in January. – Dec. 26, 2017 Unity Bancorp Inc. press release
Amboy Bank (Old Bridge, New Jersey) – Base wage raised to $15 per hour; $1,000 bonuses for non-executive employees:
The New Jersey Bankers Association said Amboy Bank was "sharing the benefits of the recent tax reform."
"They are joining the growing group of banks across New Jersey and the country that are rewarding employees with increased wages, special bonuses and enhanced benefits programs as well as increased funding for charitable giving," president and CEO John E. McWeeney, Jr. said in a statement. – Feb. 8, 2018 NJ Advance Media article excerpt
Apple (There are 12 Apple stores in New Jersey: Atlantic City, Bridgewater, Cherry Hill, Edison, Freehold, Lawrence Township, Marlton, Paramus, Rockaway, Short Hills, Wayne, Woodcliff Lake) -- $2,500 employee bonuses in the form of restricted stock units; nationally, $30 billion in additional capital expenditures.
Johnson & Johnson (New Brunswick, New Jersey) – New investments due to tax reform – details will be released in April.
“Now regarding tax reform, what we said from the very beginning is that one of the major reasons, in addition to lowering the rate, is just frankly the flexibility that it provides us, and we think it actually helps make us more competitive, particularly on an international level if we happen to be in a competitive situation with other companies because now we have greater flexibility on how we can access that cash. So we think net-net, it's a positive for us. As you heard Dominic [J&J CFO] mention earlier, regarding the more immediate tax reform impact, we think that the -- the wise thing to do is to invest a good portion of that back into R&D. If you look over the past several years, the output, the productivity, particularly in our pharmaceutical pipeline, but also in others of our investments in R&D, we think, have been at the high end. And we think ultimately doing that, we'll have the greatest impact on our business, will help us get out to better serve underserved needs around the globe, and that's where we're heading in that direction.” – CEO Alex Gorsky
"We are pleased by the final passage of the U.S. tax cuts and jobs act.” – CFO Dominic Caruso
Bank of America (Multiple locations in New Jersey) -- New Jersey-based employees of Bank of America will receive $1,000 bonuses.
Cintas Corporation (Multiple locations in New Jersey) -- $1,000 bonuses for employees of at least a year, $500 bonuses for employees of less than a year.
Chipotle Mexican Grill (Multiple locations in New Jersey) – Bonuses ranging from $250 to $1,000; increased employee benefits; nationally, $50 million investment in existing restaurants.
Comcast (Multiple locations in New Jersey) -- $1,000 bonuses; nationally, at least $50 billion investment in infrastructure in next five years.
Home Depot -- 72 locations in New Jersey, bonuses for all hourly employees, up to $1,000
Lowe's -- 5,000 employees at 39 stores and two distribution centers in New Jersey. Employees will receive bonuses of up to $1,000 based on length of service; expanded benefits and maternity/parental leave; $5,000 of adoption assistance.
Ryder (13 locations in New Jersey) – Tax reform bonuses for employees.
Starbucks Coffee Company (Multiple locations in New Jersey) – $500 stock grants for all retail employees, $2,000 stock grants for store managers, and varying plan and support center employee stock grants. Nationally, 8,000 new retail jobs; an additional wage increase this year, totaling approximately $120 million in wage increases, increased sick time benefits and parental leave.
T.J. Maxx – 39 stores in New Jersey – tax reform bonuses, retirement plan contributions, parental leave, enhanced vacation benefits, and charitable donations:
The 2017 Tax Act benefited the Company in the fourth quarter and full year Fiscal 2018. The Company expects to continue to benefit from the 2017 Tax Act going forward, primarily due to the lower U.S. corporate income tax rate. As a result of the estimated cash benefit related to the 2017 Tax Act, the Company is taking the following actions:
Associates
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A one-time, discretionary bonus to eligible, non-bonus-plan Associates, globally
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An incremental contribution to the Company’s defined contribution retirement plans for eligible Associates in the U.S. and internationally
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Instituting paid parental leave for eligible Associates in the U.S.
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Enhancing vacation benefits for certain U.S. Associates
Communities
Made meaningful contributions to TJX’s charitable foundations around the world to further support TJX’s charitable giving. – Feb. 28, 2018 The TJX Companies Inc. press release excerpt
U-Haul (Multiple locations in New Jersey) – $1,200 bonuses for full-time employees, $500 for part-time employees.
Wal-Mart – 63 locations in New Jersey -- Base wage increase for all hourly employees to $11; bonuses of up to $1,000; expanded maternity and parental leave; $5,000 for adoption expenses.
Wells Fargo – 279 locations in New Jersey; raised base wage from $13.50 to $15.00 per hour; nationally, $400 million in charitable donations for 2018; $100 million increased capital investment over the next three years.
Note: If you know of other New Jersey examples, please email John Kartch at jkartch@atr.org
The running nationwide list of companies can be found at www.atr.org/list
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Chaotic Markup Shows Klobuchar Antitrust Bill Is Nowhere Near Ready for Senate Floor
In a 16-6 vote Thursday, the Senate Judiciary Committee advanced S. 2992, the “American Choice and Innovation Online Act.”
While Democrats and the media are painting this as a major step forward for the legislation, in reality the markup showed that S. 2992 is nowhere close to being ready for a floor vote. Lawmakers proposed a staggering 117 amendments to the legislation - clear evidence that a lot of work on the bill remains to be done.
Just like its House companion, S. 2992 was rushed to a full committee markup without a legislative hearing. Members had no public opportunity to debate or discuss the ramifications of the legislation before today’s markup.
Even supporters acknowledged that the bill was a work in progress. Sen. Alex Padilla (D-Calif.) raised doubts that self-preferencing was even a problem that Congress needed to solve, saying that he was “...not yet convinced that this bill as currently drafted will actually provide the net benefit to consumers that we’re seeking.” Sen. John Kennedy (R-La.) said that he anticipates sweeping changes to the bill before a full Senate vote, and if he’s not involved in making those changes, told lawmakers that “[he’ll] be off the bill faster than you can say Big Tech.”
Lawmakers across the spectrum expressed confusion over which companies the bill will actually cover. The original version targeted companies with a market capitalization of $550 billion and 50 million monthly users. Sen. Amy Klobuchar’s (D-Minn.) manager’s amendment expanded this definition to include privately-held companies with $30 billion in annual revenue and companies with over a billion monthly users. This new covered platform designation goes far beyond Big Tech and includes companies in the grocery, professional services, and agriculture sectors.
In defense of the consumer welfare standard and a consumer-based approach to antitrust regulation, six Senators voted against moving S. 2992 out of committee: Sens. Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), Tom Cotton (R-Ark.) John Cornyn (R-Texas), Ben Sasse (R-Neb.), and Sen. Mike Lee (R-Utah).
While antitrust crusaders may tout today’s markup as a victory, any fair observer would conclude that S. 2992 is an incredibly flawed piece of legislation that is nowhere near ready for the Senate floor.
Photo Credit: Fortune Live Media
Report: IRS Fails to Provide Adequate Taxpayer Services
The IRS fails miserably at providing adequate taxpayer services, according to the National Taxpayer Advocate's 2022's Annual Report to Congress. NTA's report details numerous problems with the IRS's taxpayer services including that taxpayers face significant challenges reaching the IRS and that the IRS’s digital communications tools are too limited.
Importantly, these problems pre-dated the coronavirus pandemic.
As the report notes, taxpayers face significant challenges reaching IRS employees. The NTA notes that only 11 percent of calls were answered by a real person. In March of 2020, only 4 percent of calls were answered:
“During fiscal year (FY) 2021, the IRS received a record 282 million calls. Of those calls, 32 million, or 11 percent, were answered by CSRs…
The Level of Service (LOS) for the Accounts Management (AM) phone lines fell as low as four percent in March when Congress enacted sweeping legislation favorably impacting taxpayers’ 2020 taxes. Calls were not answered, leaving taxpayers wondering how the new legislation impacted their tax returns. In 2021, taxpayers experienced significant challenges while LOS fell to an all-time low.”
The IRS has been incapable of keeping up with phone calls for decades.
In 2013, NTA’s Nina Olson said that IRS customer service had not improved since 1998. "No, we don't have improved customer service," she said. Olsen was a community tax law project organizer during the IRS reform efforts, and was even invited to testify before the House Ways and Means Oversight Subcommittee in 1997 and before the Finance Committee in 1998.
In 2015, the IRS "courtesy disconnected" 8.8 million taxpayers, according to the National Taxpayer Advocate. “Courtesy disconnects,” is a term used by the IRS itself, a practice in which the agency hangs up on taxpayers when wait times are long.
The report also notes that IRS digital tools are limited, making communication with the agency unnecessarily difficult. As report notes:
“Despite its progress, the IRS has yet to develop and adopt a one-stop solution for online and digital offerings that combines communications and interactions with individual and business taxpayers as well as with tax professionals who represent these taxpayers... Imagine what the IRS can accomplish and how much time and effort it could save if taxpayers could easily access their tax information online. The National Taxpayer Advocate wants to stop imagining this; the IRS needs to have robust online accounts available for all taxpayers and their representatives.”
Advancement in digital tools, the report suggests, could be done with the IRS’s existing resources:
“The IRS needs to balance budget restrictions, use of existing resources, and taxpayer needs for each implementation.”
Again, these are not new issues. In past years, the IRS failed to improve communication issues. Congress passed the IRS Restructuring and Reform Act of 1998 (RRA 98), which sought to solve these issues. As the 2021 NTA report notes, “However, more than 20 years later, the IRS still has not meaningfully implemented this provision regarding its correspondence audit programs.”
Unfortunately, the agency has little regard for improving taxpayers’ experience working with the IRS. In fact, many IRS employees prefer to be hard to reach. One 2012 NTA blog outlines how Tax Examiners can simply disregard taxpayer cases because they know taxpayers may not be able to follow up on promised actions:
“No one employee must follow up on his or her actions or decisions with respect to a case or speak with the taxpayer about those decisions. Thus, it becomes easier for Tax Examiners to reduce taxpayers to mere paper to be processed or calls to be answered. In turn, it is easier to be careless or to succumb to the pressure to move on to the next case because Tax Examiners know the taxpayers will not be able to reach them again to follow up on promised actions.”
While the IRS insists all these problems are a result of a lack of funding, it is evident that each problem existed well-before any IRS budget cuts or COVID complications. The problem is not funding, but the way the agency is organized and run.
In the Democrats socialist spending bill, $44.9 billion would have gone directly towards enforcement. The agency would have received a comparatively meager $1.93 billion in funding for taxpayer services, which would be spread thin between pre-filing assistance and education, filing and account services, and taxpayer advocacy services.
The NTA’s Annual Report to Congress reiterates what most Americans already know: the IRS is woefully inadequate at doing its job, even when it has all the resources it needs.
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New IRS Reporting Requirements Set to Hit Small Businesses, Gig Workers
In 2022, freelancers, small businesses, and independent contractors will experience a more burdensome and complex tax season due to new reporting requirements that came into effect through legislation passed by Democrats last year.
These changes were snuck into President Biden’s $1.9 trillion stimulus bill passed on a party-line basis and signed into law last March. The legislation expanded 1099-K reporting requirements by lowering the reporting threshold from $20,000 to $600 and eliminating the threshold requirement that taxpayers must have more than 200 transactions in one year to file.
These new requirements will significantly increase tax complexity for millions of independent contractors, small businesses, and freelancers by increasing what they have to report to the federal government. In essence, this creates new paperwork burdens that will disproportionately harm low and middle-class taxpayers that have been decimated by the coronavirus pandemic over the last two years.
The legislation also extends the 1099-K reporting to "specified electronic payment processors" and will harm gig economy workers who are compensated via online services such as Venmo, PayPal, Etsy sellers, Uber and Lyft drivers, and even food delivery workers. These workers typically work in these job fields due to the flexibility that they can provide.
This is not the first time Democrats have enacted burdensome new reporting requirements. In 2010, lawmakers included new 1099 reporting requirements in Obamacare. This law required small businesses to send 1099 forms for all purchases of goods and services over $600 annually. Soon after this provision was signed into law, the National Taxpayer Advocate raised concerns that these reporting requirements would cause “disproportionate” harm to small businesses and do little to improve tax compliance.
This provision was so unpopular with the American public that it was quickly repealed in 2011 with a bipartisan vote of 87 to 12 in the Senate and 314 to 112 in the House. The Obama administration even hailed repeal of the provision a “big win” for small businesses in a press release.
These new reporting requirements should be swiftly repealed as proposed by Congresswoman Carol Miller (R-W.Va.) who has introduced H.R.3425, the Saving Gig Economy Taxpayers Act. Senator Rick Scott (R-Fla.), has introduced similar legislation in the Senate.
After two years of economic unpredictability, we should be looking to support gig economy workers and small businesses who have struggled and persevered throughout the pandemic. The new 1099-K reporting requirements do the exact opposite, and will create unneeded complexity for millions of taxpayers this year.
Photo Credit: "Home of the Internal Revenue Service" by Joshua Doubek is licensed under CC-BY-SA-3.0
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5 Things to Know About Biden’s First Year in Office
President Biden’s first year in office has been disastrous.
He has been responsible for severe inflation and the demise of American energy independence, but has also pushed harmful policies such as supersizing of the IRS, the largest tax hike since 1968, and socialized healthcare.
Below are five things you should know about Biden’s first year in office:
1) Inflation Surged to Its Highest Levels in 40 Years
Inflation has surged across the country due to out-of-control government spending, the administration’s policy of paying Americans not to work, and supply chain issues. In December, the consumer price index increased by 7 percent on an annualized basis, a 40-year high. This marked a steep increase from January 2021 when annual inflation was at a stable 1.4 percent.
Rampant inflation is harming Americans across the country. The average U.S. household spent $3,500 more in 2021 due to inflation, according to a Penn Wharton University of Pennsylvania Budget Model analysis.
Low-income households were disproportionately harmed. In the past year, the bottom 20 percent spent $309 more on food, $761 more on energy, $476 more on shelter, $390 on other commodities, and $224 on other services.
Not only is inflation increasing household costs for consumers, but it could also have long lasting economic damage by eroding purchasing power. This is especially alarming given that wages are decreasing - real average hourly earnings dropped by 2.4 percent on an annualized basis in December.
According to a Gallup poll, 71 percent of low-income households have reported experiencing financial hardship due to rising prices. Of the 71 percent, 28 percent of low-income households say they have experienced “severe hardship” due to rising prices, and 42 percent say they have experienced “moderate hardship.”
Since July, the Biden administration has been insisting this problem would go away. Federal Reserve Chairman Jerome Powell and Treasury Secretary Janet Yellen described this inflation as "transitory." Clearly, those claims have not held up.
2) $3.5 Trillion Tax Hike, The Largest Tax Increase Since 1968
President Biden called for $3.5 trillion in tax increases in his 2022 budget proposal, the largest tax increase since 1968.
In nominal dollars, Biden’s $3.5 trillion tax increase would have been the largest in history. But even when comparing this tax as a percentage of the economy, this tax hike would be the largest in more than 50 years. While Democrats claimed this tax increase would fall on “the rich," the proposal would have raised taxes on small businesses and working families at a time when they were most vulnerable.
Biden’s proposal included the following harmful tax increases:
- Raising the Federal Corporate Income Tax to 28 Percent. After accounting for state corporate taxes, Biden would give the U.S. a 32 percent corporate rate, a tax rate significantly higher than communist China’s 25 percent tax rate. This tax increase would harm working families, as a significant portion of this tax, about 70 percent, is borne by workers in the form of lower wages and lost jobs. Additionally, the tax would be felt by consumers, as 31 percent of the corporate tax falls on consumers through higher prices.
- Retroactive Tax Increases on Capital Gains and Dividends. President Biden proposed doubling the capital gains tax rate. Under Biden, the average top capital gains rate will be 48.8 percent after state taxes. The retroactive nature of this proposed tax would cause anxiety and uncertainty, ultimately leading to substantial economic damage. This tax hike would result in severe double taxation, would reduce retirement savings, would suppress investment, and could even reduce federal tax revenue.
- Creating a Second Death Tax by Repealing Step-Up in Basis. Biden proposed the creation of a second Death Tax by repealing step-up in basis. This would impose the capital gains tax (which Biden has proposed raising to 43.4 percent) on the unrealized gains of every asset owned by a taxpayer when they die and will be imposed in addition to the existing 40 percent Death Tax. This would create new complexity for many taxpayers, forcing predominantly family-owned businesses to downsize and liquidate assets, leading to fewer jobs, lower wages, and reduced GDP.
- Increasing the Top Income Tax Rate to 39.6 Percent. This tax increase would have hit small business that are organized as sole proprietorships, LLCs, partnerships, and S-corporations. These “pass-through” entities pay taxes through the individual side of the tax code. Of the 26 million businesses in 2014, 95 percent were pass-throughs. Pass-through businesses also account for 55.2 percent, or 65.7 million of all private sector workers. More than half of all pass-through income would have been taxed at this new, higher rate.
- Imposing a 15 Percent Minimum Tax on “Book Income.” This tax increase would create a new minimum tax on American businesses and disallow important, bipartisan credits and deductions that help promote job creation and economic growth.
- Imposing Global Tax Hikes That Will Make American Business Uncompetitive. Biden proposed modifying the Global Intangible Low-Taxed Income (GILTI) regime and imposing a global minimum tax on American businesses of up to 26.25 percent. This proposal was significantly higher than the 15 percent global minimum tax rate that Biden Treasury Secretary Janet Yellen is pushing to get adopted by the G-20 and the OECD. This would impose double taxation on American businesses and make it difficult for them to compete against foreign companies.
3) Proposed Doubling the Size of the IRS, Enabling IRS to Snoop on Americans’ Bank Accounts
Biden proposed $80 billion in additional funding to the IRS, adding a whopping 87,000 new IRS agents – enough to fill Nationals Park twice. Biden’s proposal also included a provision enabling the IRS to track any bank account, credit union account, or third-party payment account (like Venmo, PayPal, and CashApp) exceeding gross inflows and outflows of $600.
In the Democrats’ latest, house-passed version of the reconciliation bill, funding for audits, investigations, and other tax enforcement was 23 times greater than funding for taxpayer education and assistance. Out of nearly $80 billion in new IRS funding, $44.9 billion, more than half, would go directly towards enforcement. The agency would receive a comparatively meager $1.93 billion in funding for taxpayer services, which include things like pre-filing assistance and education, filing and account services, and taxpayer advocacy services.
The bill would result in 1.2 million more annual IRS audits; about half will hit households making less than $75k. This is because, despite the Left’s claims that heightened enforcement would be directed solely towards “the rich,” the wealthy and large corporations already have armies of lawyers and accountants that ensure they are compliant with the tax code.
Instead, the IRS will go after easier targets to find additional tax revenue: small businesses and low- and middle-income individuals.
The agency has a long history of harassing taxpayers, discriminating against political adversaries, violating taxpayer privacy, and incompetence.
The administration’s proposed reporting regime would be a radical violation of privacy, would unleash the IRS’s harassment on virtually every American, and would disproportionately hurt low- and middle-income Americans.
4) Assault on American Energy Development
In the past year, President Biden president signed an executive order banning new drilling leases on federal lands, pursued more than $20 billion in new energy taxes on oil and natural gas production, and vetoed permitting for the Keystone XL pipeline here at home. At the same time, his administration lobbied Congress to oppose sanctions on the Russian Nord Stream 2 pipeline.
After one year of President Biden's failed presidency, Americans now face the highest gas prices since 2014, surging home-electricity prices, and increased reliance on oil from adversarial nations.
President Biden’s decision to cancel the Keystone XL pipeline had several negative impacts on jobs, energy, and geopolitics. For starters, stopping the project killed about 11,000 jobs in 2021, including the thousands of construction jobs for rural and Indigenous communities the pipeline was on track to create. Additionally, canceling the pipeline ultimately damaged a more efficient, environmentally friendly way to transporting oil. In fact, Keystone XL had committed to the pipeline being fully powered by renewable energy. Importantly, Biden's policy also cheated Americans out of cheaper, more accessible energy. If completed, the Keystone XL Pipeline would carry 830,000 barrels of oil from Canada through multiple states, where it would eventually reach Texas oil refineries, delivering savings to American families. Finally, killing the pipeline wasted billions of dollars in investments. TC Energy Corporation estimated an investment of more than $1.7 billion into communities, including $100 million in new property tax revenue and thousands of new middle-class jobs for both low and high-skilled workers.
In addition to killing the pipeline, the Biden administration also attempted to issue a ban on new leases to drill for oil and gas on public lands – an effective fracking ban on federal lands. Thankfully, a federal judge blocked this order from going into effect. If it had, it would have empowered foreign adversaries, like Russia, dwindled Americans’ access to energy, and increased energy costs at a time when gasoline prices have already skyrocketed by 49.6 percent.
The Democrats’ multi-trillion-dollar tax and spend bill, which Biden spent the year championing, included an $8 billion energy tax on methane from natural gas production and a $13 billion tax on crude oil, taxes that would be paid by American households in the form of higher energy bills.
Under the Biden Administration, Russia is now supplying more oil to the U.S. than any other foreign producer besides Canada. The Biden Administration went as far as lobbying Congress to vote against sanctions on Russia's Nord Stream 2 pipeline, sanctions that were supported by 55 Senators including 6 Democrats.
President Biden’s blows to the American energy sector hurts our energy independence and empowers foreign adversaries like Russia. These policies threaten Americans’ access to affordable energy, the U.S. economy, and national security.
5) Pushed for Socialized Healthcare
Biden’s proposal would have imposed drastic price controls on American medical innovation. Specifically, his proposal would have created a 95 percent excise tax on manufacturers who did not agree to socialist price controls. This means that a manufacturer selling a medicine for $100 would owe $95 in tax for every product sold with no allowance for the costs incurred. No deductions would be allowed, and it would be imposed on manufacturers in addition to federal and state income taxes they must pay.
This proposal would have led to 167 to 324 fewer new drugs, according to an issue brief by Tomas J. Philipson and Troy Durie at the University of Chicago. These results are severe, but not surprising. After all, this proposal would arbitrarily set the price of medicines similar to the way other countries with socialized health systems have.
Countries that utilize socialist price controls have lower access to care. For instance, Canadian patients wait an average of 19.8 weeks from referral to treatment. In the UK, at any one time, 4.5 million patients were waiting to see a doctor or receive care. By comparison, 77 percent of Americans are treated within four weeks of referral, while just 6 percent wait more than two months.
Further, Americans have access to far more medicines than other countries. According to research by the Galen Institute, 290 new medical substances were launched worldwide between 2011 and 2018. The U.S. had access to 90 percent of these cures. By comparison, the United Kingdom had access to 60 percent of medicines, Japan had 50 percent, and Canada had just 44 percent.
Additionally, this proposal would have threatened high-paying manufacturing jobs across the country at a time when we were just emerging from the economic wreckage from the pandemic. According to a 2017 study by TEConomy Partners, pharmaceutical manufacturers invest $100 billion in the U.S. economy every year, directly supporting 800,000 jobs including jobs in every state. These jobs are high-paying – the average compensation is $126,000 – more than double the average wage in the U.S. When accounting for indirect and induced jobs, medical innovation supports more than four million jobs.
In trying to be more like foreign countries with socialist policies, Biden was willing to restrict Americans’ access to life-improving and life-saving medicines and threaten much-needed, high-paying American jobs.
Photo Credit: Screen Capture, "Biden Remarks on Kabul," C-SPAN
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ATR Releases Letter to Senate Judiciary on Klobuchar Antitrust Bill
On Thursday, the Senate Judiciary Committee will markup S. 2992, the "American Innovation and Choice Online Act," legislation sponsored by Sen. Amy Klobuchar (D-Minn.) that upends decades of antitrust precedent and gives unelected bureaucrats new authority to pick winners and losers.
ATR President Grover Norquist released a letter to the Senate Judiciary Committee outlining several concerns with the bill, pointing out that it will increase the burden of inflation on American families and do nothing to stop conservatives from being censored by Big Tech.
Click here or below to read the letter in full:
Dear Members of the Senate Judiciary Committee:
I write to express concerns with S. 2992, the “American Innovation and Choice Online Act,” legislation sponsored by Sen. Amy Klobuchar (D-Minn.) that upends decades of antitrust precedent and gives unelected bureaucrats new power to pick economic winners and losers. If implemented, S.2992 will raise prices on families already struggling with inflation and break services Americans use every day.
The original bill targeted companies with a market capitalization over $550 billion and 50 million monthly users. Sen. Klobuchar’s manager’s amendment broadens the criteria for a “covered platform” even further to include privately held companies with annual revenue of more than $30 billion, ensnaring companies in the grocery, agriculture, and professional services sectors.
Using market capitalization or annual revenue to dictate how a company should operate is a radical departure from how U.S. law is typically written. In a search of all current federal statutes, the phrase “market capitalization” comes up in only five, none of which is about determining how a business is run based on this paper valuation.
S. 2992 shifts antitrust law away from the long-held consumer welfare standard, which protects consumers from harm, toward a European-style approach that protects individual competitors in a given market. This legislation bans companies over a government-determined size from selling or providing private-label products on their own platforms, a practice beneficial to consumers but negatively branded as “self-preferencing.”
While antitrust crusaders may paint self-preferencing in a bad light, it is not a business practice endemic to the companies this legislation targets. Brick-and-mortar retailers often promote their own generic products next to brand-name goods via preferable shelf space or promotional devices like coupons, end-caps, and window displays. This common business practice benefits shoppers through lower prices and more choices.
Banning self-preferencing would take away choice and access to generic products for American consumers, the vast majority of which are at a lower price point than name-brand goods. Families are already struggling with 7 percent inflation thanks to the reckless tax-and-spend policies of the Biden Administration. The last thing they need is reduced access to generic goods they are reaching for just to make ends meet.
This legislation would also interfere with goods and services Americans use every day, a classic case of needless government intervention in the private sector. Amazon would no longer be able to sell AmazonBasics products or provide free two-day Prime shipping. Google would no longer be able to display YouTube links, restaurant reviews, or Maps directions when searched. Apple could no longer preinstall apps on their devices, making your new iPhone virtually useless out of the box.
Conservatives should be wary of giving the Biden Administration any new antitrust authority, as this legislation does. If a company has been found to violate S.2992, it may be subject to a penalty of up to 15 percent of total revenues for a year. Depending on profit margins, this fine could easily be more than double the profit a given company makes in a year.
The left has not been shy about their plan to use antitrust law to push a progressive social agenda, and Sen. Klobuchar’s manager’s amendment shows that this legislation goes far beyond Big Tech. Sen. Klobuchar has repeatedly said that she wants to go after every industry “from cat food to caskets.”
Ultimately, this bill does nothing to stop conservative censorship, will increase inflation concerns for American families, and gives the Biden Administration sweeping new power to reshape the economy in service of a progressive social agenda.
Onward,
Grover G. Norquist
President, Americans for Tax Reform
Photo Credit: Gage Skidmore
ATR Op-Ed in American Banker: “Regulators must provide relief during transition from Libor”
In an op-ed published in American Banker today, ATR Federal Affairs Manager Bryan Bashur highlights the importance of providing regulatory relief and flexibility for financial institutions as they transition away from using the London Interbank Offered Rate (LIBOR) as a gauge for how much interest to charge on certain financial products. Trillions of dollars in contracts for mortgages, credit cards, bonds, student loans, futures, swaps, and options, will all feel the effects of this transition. As Bashur explains:
It is imperative that the United States government implement regulatory relief, emphasize flexibility and develop concrete guidelines for financial institutions so they can easily adapt to the changing interest rate landscape. As banks and other financial institutions rewrite contracts for mortgages, credit cards, bonds, student loans and financial derivatives to adjust to fluctuating interest rates, the federal government needs to ensure that the tax burden is limited and litigation is mitigated.
According to the Congressional Research Service, as of the end of 2020 Libor was referenced in over $220 trillion financial instruments denominated in U.S. dollars, including mortgages, student loans, bonds, derivatives and more. PwC estimates that Libor is tied to as much as $350 trillion “in bonds, loans, derivatives and securitizations worldwide.” The aggregate gross domestic product for all the economies in the world pales in comparison ($84.68 trillion in 2020) to the amount of financial products connected to Libor.
As LIBOR is phased out and new benchmark interest rates will be widely adopted, it is imperative that banks and other financial institutions are able to use reference rates that best suit their products and the customers they serve. As Bashur points out:
However, regulators should emphasize flexibility and allow financial institutions to use benchmark rates that best suit their customers. Benchmarks such as the American interbank offered rate (Ameribor) and the Bloomberg Short Term Bank Yield Index (BSBY) are credit-sensitive and “provide a more accurate reflection of lenders’ funding costs.”
Enabling lenders to choose among a host of different rates will lead to more innovative financial products and could increase capital disbursement to borrowers.
Some long-term financial contracts that use LIBOR do not include plans for how to adjust the terms when LIBOR is fully discontinued. However, Congress is working on legislation to provide a more concrete framework to ease the transition. Bashur states that:
Federal regulators also need to ensure that bonds or other contracts that extend beyond 2021 and do not include contingency plans for the Libor transition are able to avoid costly litigation, which would harm both lenders and borrowers.
Fortunately, Congress is working on a bill to provide a federal framework to allow these longer-term contracts to easily transition to new reference rates. Rep. Brad Sherman, D-Calif., introduced HR 4616, the Adjustable Interest Rate (Libor) Act of 2021, to provide a framework to ease financial institutions away from Libor for contracts that lack explicit language explaining how borrowers and lenders can transition their contract from Libor to a new reference rate. The federal framework would preempt any cumbersome patchwork of state laws that could inhibit a streamlined transition for financial contracts that cross state lines.
HR 4616 garnered strong bipartisan support and passed the House by a vote of 415-9. It is highly likely that the Senate will introduce a bipartisan bill identical or nearly identical to Rep. Sherman’s bill and pass it with little consternation.
One example of regulatory relief during the LIBOR transition is a rulemaking the IRS published that exempts financial contracts from capital gains tax if the terms of the contract are amended to reflect the change in benchmark interest rates. Bashur elaborates that:
The IRS concludes in the draft rule that the exemption from capital gains tax applies “to both the issuer and holder of a debt instrument and to each party to a nondebt contract.”
Accordingly, the final rulemaking would preserve the tax exemption and avoid the negative implications of imposing the burdensome capital gains tax on borrowers and lenders during the Libor transition. Application of a capital gains tax to mortgages and student loans in this scenario is unnecessary and erroneous.
Bashur urges Congress and federal regulators to continue the stream of regulatory relief “so that both lenders and borrowers can avoid costly litigation, burdensome taxation and illiquidity.”
Click here to read the full op-ed.
Photo Credit: "interest rate" by Mike Cohen is licensed under CC BY 2.0
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Further Hearings on Sohn’s FCC Nomination Are Required
Senator Roger Wicker is correct to call for further hearings on Gigi Sohn’s nomination to the Federal Communications Commission. There is still more information that needs to be discussed, such as the details of the Locast settlement and the conditions of recusal in FCC matters.
Sohn spearheaded an FCC proceeding that would have enabled tech platforms to effectively steal and monetize television content without paying for usage rights. Just as a-la-cart television didn’t need direction from lawmakers. The set-top box regulations were clearly trounced by the market, as a myriad of streaming options for viewing content are currently available. However, this is just one instance where Sohn engaged in attempts to weaken intellectual property rights.
Perhaps even more egregious, Sohn served on the board of Locast, a “non-profit” that was determined to be illegally retransmitting broadcasters’ content without their consent in violation of the Copyright Act. The case resulted in a permanent injunction that required Locast to pay $32 million in statutory damages. Sohn cannot be an impartial regulator of the broadcast industry after joining the Board of an organization that openly violated that industry’s copyrights.
It is also interesting to note that her nomination was received in the Senate from the President that on the same day that the Locast settlement was announced, October 28, 2021.
It has been reported that she is negotiating a recusal deal, but none of these details have been made public or shared with other senators on the committee. Further, we simply have to take Sohn’s word that she will recuse herself. These agreements have no force of law. It’s very problematic that someone who signed a $32 million settlement agreement with broadcasters now wants to regulate them.
Further a recusal from ruling on broadcast licenses, retransmission or copyright relating to the parent companies of ABC, CBS, NBC and Fox, who filed suit against Locast, would severely limit her ability to do any of the primary work of the Commission.
Americans for Tax Reform joined a coalition letter opposing her nomination over legitimate concerns regarding her ability to be impartial, which include hyper-partisan attacks on Republicans, interest in revoking broadcast licenses over viewpoints, doomsday predictions for the internet without Title II regulations.
Photo Credit: "Gigi Sohn" by Joel Sage is licensed under CC BY-SA 2.0
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Indiana Bill Would Raise the Cost of Nonalcoholic Beverages
The Indiana House Committee on Commerce, Small Business and Economic Development will be considering legislation that would impose a first in the nation price control on nonalcoholic beverages. House Bill 1109, if implemented, would prevent distributers of packaged nonalcoholic beverages with a weight volume of 8 ounces or more from offering seasonal promotions and other discounts to Indiana retailers unless they are extended to every store in the state.
Despite the good intentions behind this bill, it would inflict a great deal of harm on the state economy. “Allowing the government to meddle into negotiations between private businesses in order to impose price controls would actually result in fewer discounts being available, driving prices up and leaving families across Indiana to face higher costs at a time when they can least afford it,” warned Grover Norquist, president of Americans for Tax Reform, in a letter to committee members. “Many of these households along state lines could decide to instead visit stores in Illinois, Kentucky, Michigan, or Ohio, hurting Indiana’s small businesses and their employees.”
To read the full letter, click here.
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January 18, 2022
To: Members of the Indiana House Committee on Commerce, Small Business and Economic Development
From: Americans for Tax Reform
Re: Oppose House Bill 1109
Dear Representative,
On behalf of Americans for Tax Reform (ATR) and our supporters across Indiana, I urge you to oppose House Bill 1109, legislation that would jeopardize the right to private contract in order to impose price controls on certain nonalcoholic beverages. If implemented, this bill would inflict a great deal of harm on small businesses and consumers across the Hoosier State.
Under the status quo, all Indiana retailers, from small convenience stores to large chain grocery stores, can negotiate their preferred contract terms with the nonalcoholic beverage industry. This flexibility allows retailers to benefit from seasonal promotions and other price discounts that can be passed onto consumers, ultimately making their stores more competitive than those in surrounding states.
This free-market approach is not unique to Indiana, but is the standard practice used by all retailers and the nonalcoholic beverage industry nationwide. Unfortunately, HB 1109 seeks to disadvantage Indiana retailers by making it illegal for distributers of packaged nonalcoholic beverages with a weight volume of 8 ounces or more to offer special pricing deals in Indiana unless they are extended to every store in the state.
Despite the good intentions behind this bill, it would actually result in a number of negative consequences for the local economy. Allowing the government to meddle into negotiations between private businesses in order to impose price controls would actually result in fewer discounts being available, driving prices up and leaving families across Indiana to face higher costs at a time when they can least afford it. Many of these households along state lines could decide to instead visit stores in Illinois, Kentucky, Michigan, or Ohio, hurting Indiana’s small businesses and their employees.
Adding insult to injury, HB 1109 would also drive new investment, jobs, and opportunities away from Indiana. Why would a CEO in any industry want to do business in a state that is known for undermining the right to private contract and has the unwelcome distinction of being the only state in the country to impose price controls on nonalcoholic beverages? There are plenty of other states with lower tax rates that are much less hostile to businesses.
ATR opposes HB 1109 and urges lawmakers to vote NO.
Sincerely,
Grover Norquist
President
Americans for Tax Reform
Photo Credit: "Capitol del Estado de Indiana, Indianápolis, Estados Unidos" by Diego Delso licensed under CC BY-SA 3.0
Top Tier GOP Candidates Budd and McCrory Sign the Taxpayer Protection Pledge in N.C. Senate Race
Americans for Tax Reform (ATR) commends Rep. Ted Budd and Gov. Pat McCrory for signing the Taxpayer Protection Pledge in their race for North Carolina’s U.S. Senate seat. The Pledge is a written commitment to North Carolina taxpayers that they will oppose and vote against all income tax hikes.
Candidates running for public office like to say they will not raise taxes, but often turn their backs on the taxpayer once elected. The idea of the Taxpayer Protection Pledge is simple enough: Make them put their no-new-taxes rhetoric in writing, so the promise is much harder to break.
“North Carolina voters are looking for solutions that get Americans back to work and grow the economy. I commend Budd and McCrory for signing the Taxpayer Protection Pledge and promising to hold the line on taxes,” said Grover Norquist, President of Americans for Tax Reform. “It’s the first step in jump-starting the economy.”
There are currently 179 Pledge signers in the U.S. House and 44 Pledge signers in the U.S. Senate. 85% percent of all congressional Republicans have made the written commitment to oppose higher taxes. In contrast, ZERO congressional Democrats have made that promise.
“During his time as governor, Pat McCrory signed the Taxpayer Protection Pledge and kept his commitment to North Carolinians. Not only that, but Gov. McCrory also enacted a multi-billion-dollar income tax cut that remains a national model for pro-growth tax reform,” Norquist said. “Congressman Budd, meanwhile, has maintained the Taxpayer Protection Pledge that he signed as a member of the U.S. House. In addition to keeping that commitment, he voted for the Tax, Cuts, and Jobs Act, the federal tax reform enacted in 2017 that provided a net tax cut to the vast majority of American households.”
In President Biden’s first year, he championed a multi-trillion tax and spend bill, which includes the largest tax increase since 1968. These tax hikes would disproportionately hurt workers, retirees, consumers, and small businesses. Taxpayers should expect more of the same for the remainder of his presidency.
“Voters have a right to know where candidates stand on taxes before heading to the voting booth,” added Norquist. “The Taxpayer Protection Pledge is a simple litmus test that tells voters I’ll work to protect your wallet. I encourage all candidates for elected office to make this commitment today.”
New candidates sign the Taxpayer Protection Pledge regularly. For the most up-to-date information on this race or any other, please visit the ATR Pledge Database.
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California: If at first you don't succeed, tax, tax again!
Californian progressives are looking to implement the nation's first single-payer health care system. To pay for it, they want to double their state's tax burden, which is the third worst in the nation (beaten only by New York and New Jersey).
California Assemblyman Ash Kalra has proposed an amendment to California's state constitution introducing several taxes to pay for this new system. According to the California Globe, "If enacted, it would impose an excise tax, payroll taxes, and a personal income tax to fund comprehensive, universal single-payer health care coverage, as well as a health care cost control system." According to the Tax Foundation, the amendment would "increase taxes by $12,250 per household, roughly doubling the state's already high tax collections."
Among the taxes is a payroll tax on employers with over 50 employees. These tax hikes would stunt the growth of small businesses by providing a hard taxing wall that most would avoid. The law also imposes several surtaxes for personal income with a top rate of 2.5%. When combined with the current 13.3% top income tax rate and the 2.25 payroll tax, you are left with a combined maximum marginal rate of 18.05%, more than seven percentage points higher than the state with the next-highest rates (Hawaii, 11 percent) according to the Tax Foundation.
Finally, the amendment enacts a 2.3% Gross Receipt Tax on businesses. Gross Receipt taxes charge on a company's gross sales, without deductions for a firm's business expenses. These tend to harm businesses with low-profit margins and are generally seen as inefficient and damaging to the economy. Only a few states use them instead of a corporate income tax. California takes this flawed taxing model and makes it even worse.
Instead of imposing a GRT to replace the income tax, this new amendment imposes it on top of the income tax. As a result, California is burning the candle at both ends, leaving the businesses trapped in the middle. Not only that but California's 2.3% Gross Receipts Tax is "a rate more than three times that of the country's highest current pure GRT," according to the Tax Foundation.
California progressives need a 2/3 supermajority in both houses to approve to pass this amendment. However, once the taxes have been approved, a simple majority can, and most likely will, raise them. However, before they can do that, they need to clear one last hurdle. For a constitutional amendment to become law, California requires the public to vote on it as a ballot measure. And the people of California are getting tired of high taxes.
According to a report by the non-partisan California Policy Lab, "Entrances to California from other states have dropped 38% since March of last year, while the number of residents leaving to other states has increased 12%." Californians are tired of the state's overregulation and sky-high taxes and are leaving in higher and higher numbers. Do lawmakers think they will agree to raise taxes even more?
If Californians approve this amendment, life for Californian taxpayers will become even more untenable. Californians taxes will be doubled while their healthcare is placed in the hands of the same ineffective bureaucrats who can barely run the state. But it doesn't have to be this way. The people have a choice. We hope they choose rightly.
Photo Credit: “California Capitol in Downtown Sacramento, California” by Tszeiler1 is licensed under CC BY-SA 4.0.
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