E–QUIP Act

S. 2942/H.R.7283 to provide that certain contributions by government entities are treated as contributions to capital - ALL S. 3814/H.R. 7481 RESTART ACT - ALL H.R. 7079 Clean Start Back to Work Act - ALL H.R. 6799 Keeping the Lights On Act - ALL H.R. 6800 HEROES Act, Division B Revenue Provisions, Title II - Additional Relief for Worker: Section 20211 Improvements to Employee Retention Credit; Section 20231 Payroll tax deferral for recipients of certain loan forgiveness; and Section 20235 Clarification of treatment of expenses paid or incurred with proceeds from certain loans and grants. Title III - Net operating Losses: Section 20302: Certain taxpayers allowed carryback of net operating losses arising in 2019 and 2020. S. 3612/H.R. 6821 Small Business Expense Protection Act - ALL Like-Kind Exchanges - maintaining current tax treatment of IRC Section 1031 - no bill Cancellation of Indebtedness income- no bill H.R. 8805 Retail Revitalization Act of 2020 - ALL H.R. 8930 Energy Efficient Qualified Improvement Property Act of 2020 (E-QUIP Act) - ALL

Client expense: $450,000 · Firm income: Not reported

Government targets: Federal Reserve System, HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of

COVID-19 Tax Relief H.R. 133, Consolidated Appropriations Act, 2021, Division N -- Additional Coronavirus Response and Relief, Title II -- Assistance to Individuals, Families, and Businesses, Subtitle B -- COVID-related Tax Relief Act of 2020, Section 276: Clarification of tax treatment of forgiveness of covered loans; Division EE -- Taxpayer Certainty and Disaster Tax Relief Act of 2020: Title 1 -- Extension of Certain Expiring Provisions, Subtitle A -- Certain Provisions Made Permanent, Section 102: Energy efficient commercial buildings deduction, Subtitle C -- Extension of Certain Other Provisions, Section 146: Energy efficient homes credit; Title II -- Other Provisions, Section 201: Minimum low-income housing tax credit rate, Section 202: Depreciation of certain residential rental property over 30-year period, Section 206: Clarifications and technical improvements to CARES Act employee retention credit, and Section 207: Extension and modification of employee retention and rehiring tax credit. Draft Senate legislation, Emergency Coronavirus Relief Act of 2020, to provide emergency relief to American workers, families, and small businesses, impacted by the COVID-19 pandemic, Section 1102: Small Business Recovery (tax deductibility of business expenses financed through forgiven Paycheck Protection Program loans). H.R. 925, the Heroes Act, Division F -- Revenue Provisions, Title I -- Economic Stimulus: Section 101: Additional recovery rebates to individuals; Title II -- Provisions to Prevent Business Interruption: Section 201: Improvements to employee retention and rehiring credit and Section 203: Clarification of treatment of expenses paid or incurred with proceeds from certain grants and loans; and Title III -- Net Operating Losses: Section 301: Limitation on excess business losses of non-corporate taxpayers restored and made permanent and Section 302: Certain taxpayers allowed carryback of net operating losses arising in 2019 and 2020. H.R. 7615, Healthy Workplace Tax Credit, to provide a payroll tax credit for certain expenses associated with protecting employees from COVID-19, all provisions. H.R. 7079, Clean Start: Back to Work Tax Credit Act, to provide a tax credit to ensure that businesses are properly cleaned and disinfected when stay-at-home restrictions are lifted and to help prevent further infections, all provisions. H.R. 7222, Safe Reopening Tax Credit, to provide for a credit against employment taxes for certain virus transmission prevention expenses, and for other purposes, all provisions. H.R. 7216, Small Business PPE Tax Credit Act, to provide a tax credit for personal protective equipment to small businesses, non-profits, independent contractors, veterans organizations, and farmers, among other entities, in any year in which the President declares a national emergency relating to COVID-19, all provisions. S. 4214, Healthy Workplace Tax Credit, to provide a payroll tax credit for certain expenses associated with protecting employees from COVID-19, all provisions. S. 4178, to provide for a credit against employment taxes for certain workplace safety expenses, and for other purposes, all provisions. Low-Income Housing Tax Credit legislative proposals as part of COVID-19 relief, including enacting a minimum 4 percent Housing Credit rate; allowing developments to access 4 percent Housing Credits by lowering the 50 percent test; increasing the annual Housing Credit allocation by at least 50 percent, phased in over two years, and adjusted for inflation, beginning in 2021; providing additional basis boosts for properties such as those impacted by COVID-19 or bond-financed properties designated by state housing finance agencies; repealing the qualified contract option; and prohibiting qualified allocation plans from considering support or opposition to projects from local or elected officials. Signed coalition letter requesting the Treasury Department and Internal Revenue Service extend deadlines and make other accommodations applicable to the Low-Income Housing Tax Credit due to COVID-19. Requested Treasury Department and Internal Revenue Service extend deadlines to lease units in Low-Income Housing Tax Credit properties due to COVID-19-related hardships. Requested that COVID-19 relief legislation include a provision enabling taxpayers to deduct expenses funded by forgiven Paycheck Protection Program loans. The proposal would reverse IRS Notice 2020-32. Depreciation Rules H.R. 5313, Multifamily Depreciation Parity Act of 2019, to amend the Internal Revenue Code of 1986 to allow for certain residential rental property to be depreciated over a 30-year period, all provisions. S. 2984, Multifamily Depreciation Parity Act of 2019, to amend the Internal Revenue Code of 1986 to allow for certain residential rental property to be depreciated over a 30-year period, all provisions. Infrastructure Development H.R. 2, The Moving Forward Act, Division M -- Revenue Provisions: Title IV -- Green Energy, Subtitle C -- Green Energy and Efficiency Incentives for Individuals, Section 90423: Energy efficient commercial buildings deduction and Section 90424: Extension, increase, and modifications of new energy efficient home credit; Title VI -- Housing, Subtitle A -- Low-income Housing Tax Credit Improvements, all provisions. Infrastructure tax proposals: NMHC Supported: expanding and enhancing the Low-Income Housing Tax Credit; enacting the Middle-Income Housing Tax Credit; enacting a legislative change to reduce the basis increase necessary to qualify a multifamily rehabilitation project for Opportunity Zone purposes; and preserving current-law like-kind exchange rules. Low-Income Housing Tax Credit, Middle-Income Housing Tax Credit, and Affordable Housing Tax Incentives H.R. 3077, Affordable Housing Credit Improvement Act of 2019, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions. S. 1703, Affordable Housing Credit Improvement Act of 2019, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, REG-119890-18, RIN 1454 BO92, Section 42, Low-Income Housing Credit Average Income Test Regulations S. 3365, Middle-Income Housing Tax Credit Act of 2018 (115th Congress), to provide a credit for middle-income housing, and for other purposes, all provisions. H.R. 8533, Support Allowing Volume Exception for Federally-Assisted Housing Act or the SAVE Federally-Assisted Housing Act, to provide an exception to the volume cap requirement for private activity bonds used to finance the preservation, improvement, or replacement of certain Federally-assisted buildings, and for other purposes, all provisions. Energy We supported extending the IRC Section 45L New Energy Efficient Home Credit and extending and modifying the IRC Section 179D Energy Efficient Commercial Buildings Deduction to facilitate investments in improving the utility performance of existing properties. H.R. 8547, to make permanent the tax deduction for energy efficient commercial buildings, all provisions. H.R. 8930, Energy Efficient Qualified Improvement Property Act of 2020, or the E-QUIP Act, to amend the Internal Revenue Code to allow 10-year straight line depreciation for energy efficient qualified improvement property, and for other purposes, all provisions. Biden Tax Proposals Biden campaign tax proposals impacting multifamily housing (tax rates on individual income, tax rates on capital gains, value of itemized deductions, elimination of stepped-up basis at death and taxation of unrealized capital gains at death, elimination of like-kind exchanges, expansion of Low-Income Housing Tax Credit, establishment of renter's tax credit, depreciation of multifamily property, and $15,000 first-time homebuyer tax credit). Signed A Call to Invest in Our Neighborhoods (ACTION) Campaign memo to Biden Transition team requesting the incoming administration support: Affordable Housing Credit Improvement Act (H.R. 3077 / S. 1703); legislative proposals providing COVID-19 relief that establish a minimum 4 percent Low-Income Housing Tax Credit and reduce from 50 percent to 25 percent the amount of project costs that tax-exempt bonds must finance to qualify for low-income housing tax credits; and regulatory proposals to: (1) Publish new regulations to align Housing Credit program rules with the Violence Against Women Act, (2) Modify current Housing Credit casualty loss guidance to allow for more reasonable rebuilding periods, (3) Include relocation expenses in rehabilitation expenditures to ensure tenants' safety, and (4) Strengthen oversight by preventing "planned foreclosures" of Housing Credit developments. Stepped-Up Basis at Death Analysis of proposals to eliminate stepped-up basis at death and tax unrealized capital gains at death: Support retaining current law providing for stepped-up basis at death and taxation of capital gains upon actual sale. Like-Kind Exchanges Support maintaining current tax law relative to the tax treatment of 1031 Like-Kind Exchanges. Estate Tax Estate Tax: Support making permanent the Estate Tax rules enacted as part of the Tax Cuts and Jobs Act of 2017.

"Carried Interest Fairness Act" H.R. 1735, S.781 Energy efficiency and clean energy tax incentives (HR 8930) Like-Kind Exchanges (Sec.1031) Completed contract method of accounting and condominium construction (Section 460(e) FIRPTA Reform implementing regulations and FIRPTA repeal (Invest in America Act) H.R.2210 Tax technical corrections IRS Notice 2007-55 Tax reform implementation, including sections 163(j), 199A, cost recovery rules, and Opportunity Zones Qualified improvements property and "Restoring Investments in Improvements Act" S. 803, H.R. 1869 Cost recovery, residential rental property Tax guidance related to transition away from LIBOR as a reference rate Opportunity Zone reporting legislation (S. 1344, H.R. 2593) and Opportunity Zone reform Indexing capital gains for inflation Capital gains mark-to-market Low-income housing tax credit (S. 1703, H.R. 3077) Contributions in Aid of Construction (Sec. 118) Partnership tax forms (1065 and Schedule K-1) CARES Act and CARES Act Implementation Disaster tax relief & tax deadline extensions REIT rules, including investments in related parties (HR 8805) Cancellation of Indebtedness income (section 108) NOL interaction with GILTI REMIC Rules Lease modifications (section 475) Unpaid rent and section 166 Safe and healthy workplace tax credit Deductibility of business expenses paid with Paycheck Protection Program loans CREATE Jobs Act (S. 4376) HEROES Act and HEALS Act Stimulus

Client expense: $962,000 · Firm income: Not reported

Tax Extenders/25C Tax Credits (H.R. 5159 - Empowering Homeowners Energy Efficiency Act of 2019, H.R. 1906 - To amend the Internal Revenue Code of 1986 to permanently extend the nonbusiness energy property credit, H.R. 4506 - Home Energy Savings Act). BASF supports the extension of and addition of air barrier language to the existing 25C efficiency credit for retrofits. Tax Incentives (H.R. 8930 - E-QUIP Act). BASF supports tax incentives that encourage commercial retrofits to increase energy efficiency.

Client expense: $60,000 · Firm income: Not reported

Government targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, U.S. Coast Guard (USCG)

Energy legislation, including energy efficiency provisions (S. 2137/H.R. 3962/H.R. 3586 - Energy Savings and Industrial Competitiveness Act of 2019, S. 2657 - Advanced Geothermal Innovation Leadership Act of 2019). BASF supports provisions in energy legislation requiring improvement in building codes, incentives for green building and building efficiencies. Tax Extenders/25C Tax Credits (H.R. 5159 - Empowering Homeowners Energy Efficiency Act of 2019, H.R. 1906 - To amend the Internal Revenue Code of 1986 to permanently extend the nonbusiness energy property credit, H.R. 4506 - Home Energy Savings Act). BASF supports the extension of and addition of air barrier language to the existing 25C efficiency credit for retrofits. Tax Incentives (H.R. 8930 - E-QUIP Act). BASF supports tax incentives that encourage commercial retrofits to increase energy efficiency.

Client expense: $60,000 · Firm income: Not reported

Government targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, U.S. Coast Guard (USCG)

H.R. 8930. Energy Efficient Qualified Improvement Property Act of 2020. A bill to create an elective 10-year, straight line cost recovery period for a new category of energy efficient qualified improvement property expenditures. Lobbied to add workforce certification language. H.R. 7516. Clean Energy Innovation and Deployment Act (CEIDA). Requires U.S. electricity producers to fully eliminate their net carbon emissions by 2050 and provide assistance to current fossil-fuel energy workers to help them find new jobs in a clean-energy economy. Bill in full. S 2657. American Energy Innovation Act. Lobbied for inclusion of pre-apprenticeship and apprenticeship programs as well as prevailing wage coverage. H.R. 4447. Clean Energy and Jobs Innovation Act. A bill to establish research, development and demonstration projects for a variety of energy producing technologies and to invest in workforce development in this sector. Lobbied for the inclusion of labor standards, apprenticeship and pre-apprenticeship, and pipeline policy.

Client expense: $170,000 · Firm income: Not reported

Lobbied for extension of certain deadlines associated with like-kind exchanges under IRC Sec. 1031, and opportunity zones under IRC Sec. 1400Z. Lobbied to make permanent the Energy Efficient Commercial Buildings Deduction (H.R. 8547) Lobbied for the Energy Efficient Qualified Improvement Property (E-QUIP) Act (H.R. 8930), to create a new category of qualified improvement property with 10-year depreciation for energy-efficient building improvements. Lobbied for the Healthy Workplaces Tax Credit Act (H.R.7615; S.4214), to create a tax credit for sanitation and cleanup costs for buildings as a result of the COVID-19 pandemic. Lobbied for change in tax treatment of Contributions in Aid of Construction under IRC Section 118 (S. 2942).

Client expense: $162,113 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), Executive Office of the President (EOP), Federal Reserve System, HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of