The
11th-hour deal to avert the so-called fiscal cliff preserved billions of dollars
in corporate tax giveaways even as it slashed take-home pay for millions of
American workers.
Tucked inside
the last-minute fiscal cliff package were more than a dozen tax loopholes, many
of which will benefit Wall Street financial firms and some of the nation's
biggest corporations. These breaks will cost hundreds of billions of dollars in
the coming year, underscoring the lobbying power of corporate
interests.
The deal was
less kind to the middle class. Congress permitted a cut in the payroll tax to
expire, meaning that the tax burden for the average worker will increase about
$1,000 in 2013.
"This shows that
the lobbyists are able to get what they want even when everyone else is
starving," said Phineas Baxandall, senior analyst for tax and budget policy at
the U.S. Public Interest Research Group. "It also shows they are best able to
get what they want when no one else is paying attention."
The corporate
loopholes were part of a package of so-called tax extenders tacked onto the main
bill. The extenders package, first approved by the Senate in early August, mixes
popular benefits, like a deduction for teachers who buy classroom supplies, with
corporate-friendly carve-outs, such as the "active financing" exception that
permits businesses earning interest on overseas lending to defer U.S. taxes on
that income indefinitely. There is even a tax break for construction of new
racetracks.
The tax
extenders were passed for only one year, and they still need to clear another
potential hurdle: upcoming negotiations over mandated spending cuts and the debt
ceiling. President Barack Obama and congressional leaders have indicated they'd
like to see a "grand bargain" on taxes, which would feature lower overall rates
but close a slew of loopholes.
The financial
services industry, whose leaders had earlier joined a group of other corporate
executives pushing for a "fair" solution to the fiscal crisis, is one of the
primary beneficiaries of special-interest tax breaks. The active-financing
exception, for example, permits banks like Morgan Stanley to avoid the 35
percent U.S. corporate tax rate on interest income from money lent overseas. A
handful of other U.S.-based multinational companies with financing arms, such as
Ford Motor Co. and General Electric, also use that exemption to lower their tax
bills. The two-year cost to taxpayers is an estimated $11.2 billion, according
to the congressional Joint Committee on Taxation.
U.S. financial
institutions argue that the active-financing exemption is necessary for them to
compete in overseas markets with foreign banks that carry a lower tax burden.
The loophole was repealed in the Tax Reform Act of 1986, but was reinstated in
1997 as a temporary measure after fierce lobbying by multinational
corporations.
The exemption
belongs to a small group of boutique corporate tax loopholes that are worth a
lot of money to a relative handful of corporations. It even has its own lobbying
coalition, the Active Finance Working Group, which serves as a prime example of
how important the 20 or so companies that benefit from the exemption consider
it. Founded in 2005, the group was quiet during the last few years of the Bush
administration, but roared to life again in 2009.
That year, the
coalition retained the services of former top Democratic congressional
aide-turned-lobbyist Steve Elmendorf, whose firm, Elmendorf Ryan, has earned
more than $1.2 million in lobbying fees from the working group in the past four
years. Lobbying disclosure reports reveal that the coalition was housed in the
same office as Elmendorf Ryan and that the coalition's lobbyists had just one
task: protect the active-financing exemption.
In Elmendorf's
firm, the Active Finance Working Group has a top-flight team: All eight of the
Elmendorf Ryan lobbyists working on the issue in late 2012 were former
congressional staffers, most with ties to powerful lawmakers, including to
Senate Majority Leader Harry Reid (D-Nev.) and Senate Finance Committee Chairman
Max Baucus (D-Mont.).
According to
Citizens for Tax Justice, the financial services industry paid an average
effective tax rate of 15.5 percent from 2008 to 2010, far lower than that of
most other industries.
As part of the
fiscal cliff deal, Congress also extended another little-known tax break that
benefits large multinationals selling products through overseas affiliates. This
"pass-through" exemption permits a U.S.-based company to set up a new
corporation in a tax haven like the Cayman Islands and sell it a patent owned by
the U.S. parent company. Royalties on overseas licensing of that patent would
then route to the tax-sheltered firm, instead of the U.S. parent company. The
Joint Committee on Taxation says the two-year cost of extending this shelter is
$1.5 billion.
One of the more
unusual tax benefits in the fiscal cliff legislation is a longstanding carve-out
for racetracks used by NASCAR.
Since 2004,
Congress has passed a series of stopgap measures that allow owners of
motorsports complexes to accelerate their depreciation expenses. This means that
owners can deduct more in expenses, reducing the taxes they must
pay.
Track owners and
NASCAR together have spent hundreds of thousands of dollars lobbying for the tax
benefit over the past five years, according to lobbying disclosure forms. The
International Speedway Corp., which owns and manages NASCAR race tracks, has
spent more than $1.1 million lobbying Congress since 2008. Over the same period,
NASCAR spent more than $300,000 on lobbying efforts, which included a push to
"make permanent the depreciation classification."
Supporters in
Congress and industry groups have argued that the tax break is necessary to
"maintain the current standard expected by our competitors and fans." According
to estimates by the Joint Committee on Taxation, the so-called NASCAR loophole
will cost taxpayers $46 million this year and an additional $95 million through
2017.
A spokesman for
the International Speedway Corp., Charles Talbert, said the industry is simply
seeking to preserve a tax designation it has relied on for years. He said in an
email that racetracks had always used the accelerated depreciation schedule, but
Congress had specifically written it into law after the Internal Revenue Service
argued that it was improper in the early 2000s.
Though Congress
was willing to sign off on all these business-friendly goodies, legislative
leaders couldn't muster enthusiasm for extending the payroll tax holiday, which
had cost the federal government $120 billion each year in lost
revenue.
As a result, a worker who earns $50,000 a year will now pay at least $80 per month in taxes. The payroll tax increase will affect as many as 160 million people.
HJ/HJ