STOP CCP Act

Extension of TCJA Business Tax Provisions & Tax Issues in Biden Administrations Fiscal Year 2025 Budget NMHC supports making permanent individual tax rates and the 20 percent qualified business income tax deduction that expire at the end of 2025. S. 1706, Main Street Tax Certainty Act, to amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified business income, all provisions. H.R. 4721, Main Street Tax Certainty Act, to amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified business income, all provisions. H.R. 7024, Tax Relief for American Families and Workers Act of 2024, Title II -- American Innovation and Growth, Section 202: Extension of allowance for depreciation, amortization, or depletion in determining the limitation on business interest, Section 203: Extension of 100 percent bonus depreciation, and Section 204: Increase in limitations on expensing of depreciable business assets; Title V -- More Affordable Housing, Section 501: State housing credit allowance ceiling increase for low-income housing credit and Section 502: Tax-exempt bond financing requirement. General Explanations of the Administration's Fiscal Year 2025 Revenue Proposals: Provide a neighborhood homes credit; Expand and enhance the Low-Income Housing Tax Credit; Apply the net investment income tax to pass-through business income of high-income taxpayers; Increase the net investment income tax rate and additional Medicare tax rate for high-income taxpayers; Increase the top marginal income tax rate for high-income earners; Reform the taxation of capital income; Tax carried (profits) interests as ordinary income; Repeal deferral of gain from like-kind exchanges; and Require 100 percent depreciation recapture of depreciation deductions as ordinary income for certain depreciable real property. Estate Tax, Stepped-Up Basis, and Taxation of Unrealized Capital Gains at Death NMHC supports making permanent the Estate Tax rules enacted as part of the Tax Cuts and Jobs Act of 2017. NMHC supports retaining current law providing for stepped-up basis at death and taxation of capital gains upon actual sale. Carried Interest NMHC believes that carried interest should be treated as a long-term capital gain if the underlying asset is held for at least one year.  Like-Kind Exchanges NMHC supports retaining current law. Depreciation Recapture Congress should oppose measures to increase the 25 percent depreciation recapture rate applicable to sales. Low-Income Housing Tax Credit and Middle-Income Housing Tax Credit S. 3436, Workforce Housing Tax Credit Act, to amend the Internal Revenue Code of 1986 to provide a credit for middle-income housing, and for other purposes, all provisions. H.R. 6686, Workforce Housing Tax Credit Act, to amend the Internal Revenue Code of 1986 to provide a credit for middle-income housing, and for other purposes, all provisions. H.R. 3238, Affordable Housing Credit Improvement Act of 2023, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions, in particular issues relating to increased tax credit authority and tax-exempt bond financing requirements. S. 1557, Affordable Housing Credit Improvement Act of 2023, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions, in particular issues relating to increased tax credit authority and tax-exempt bond financing requirements. NMHC supports an increase in the private-activity bond volume cap to enhance the use of 4 percent Low-Income Housing Tax Credits. Studied legislative proposals impacting the Low-Income Housing Tax Credit pertaining to encouraging the submetering of utility costs at Low-Income Housing Tax Credit properties. Adaptive Reuse Federal tax policies to encourage repurposing of non-residential properties into residential rental property, including proposals to establish tax credits and to enable housing finance agencies to issue private activity bonds to help facilitate adaptive reuse of underutilized properties, particularly in areas that have a plan to track discriminatory land use policies. Draft Legislation, Revitalizing Downtowns and Main Streets Act, to amend the Internal Revenue Code of 1986 to provide an investment credit for converting non-residential buildings to affordable housing, all provisions, including proposal to modify bill to not reduce basis of the investment credit created in the bill for purposes of the Low-Income Housing Tax Credit. H.R. 419, Revitalizing Downtowns Act, to amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses, all provisions. S. 2511 (117th Congress), Revitalizing Downtowns Act, to amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses, all provisions. Opportunity Zones NMHC supports: Enabling States to recertify and/or redesignate Opportunity Zones to account for current economic realities and changes since Zones were originally designated; (2) Establishing new deferral deadlines so that taxpayers are incentivized to receive both a longer deferral period and the potential for a 10 percent or 15 percent basis increase with respected to reinvested capital gains; and (3) Reducing the basis increase necessary to qualify a multifamily rehabilitation project for Opportunity Zone purposes. Self-Employment Taxes Issues pertaining to the Self Employment Contribution Act exception for limited partners in IRC section 1402(a)(13).

Client expense: $2,590,000 · Firm income: Not reported

Government targets: Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, HOUSE OF REPRESENTATIVES, Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Natl Economic Council (NEC), Office of the Comptroller of the Currency (OCC), SENATE, Treasury, Dept of

Extension of TCJA Business Tax Provisions & Tax Issues in Biden Administrations Fiscal Year 2024 Budget NMHC supports extending individual tax rates and the 20 percent qualified business income tax deduction that expires at the end of 2025. S. 1706, Main Street Tax Certainty Act of 2023, to amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified business income, all provisions. H.R. 4721, Main Street Tax Certainty Act of 2023, to amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified business income, all provisions. NMHC supports extension of 100 bonus depreciation and restoring EBITDA for purposes of calculating the limitation on the deductibility of business interest. H.R. 3938, Build It In America Act, to amend the Internal Revenue Code of 1986 to encourage economic growth, Title I -- Investment in America: Section 102: Extension of allowance for depreciation, amortization, or depletion in determining the limitation on business interest and Section 103: Extension of 100 bonus depreciation. General Explanations of the Administration's Fiscal Year 2024 Revenue Proposals: Apply the net investment income tax to pass-through business income of high-income taxpayers; Increase the net investment income tax rate and additional Medicare tax rate for high-income taxpayers; Reform the taxation of capital income; and Require 100 percent depreciation recapture of depreciation deductions as ordinary income for certain depreciable real property. Estate Tax, Stepped-Up Basis, and Taxation of Unrealized Capital Gains at Death NMHC supports making permanent the Estate Tax rules enacted as part of the Tax Cuts and Jobs Act of 2017. NMHC supports retaining current law providing for stepped-up basis at death and taxation of capital gains upon actual sale. Forthcoming House legislation: Death Tax Repeal Act of 2024, the forthcoming House version of S. 1108, Death Tax Repeal Act of 2023, all provisions. Carried Interest NMHC believes that carried interest should be treated as a long-term capital gain if the underlying asset is held for at least one year.  S. 3317, to amend the Internal Revenue Code of 1986 to revise the treatment of partnership interests received in connection with the performance of services, and for other purposes, all provisions. Like-Kind Exchanges NMHC supports retaining current law. Low-Income Housing Tax Credit and Middle-Income Housing Tax Credit S. 680, Decent, Affordable, Safe Housing for All Act (DASH Act), to provide rental housing vouchers for the homeless, and for other purposes, Title I -- Housing Assistance, Subtitle A -- General Housing Assistance, Section 111: Rental Vouchers for the Homeless, portion of section pertaining to source of income rules; and Section 114: Supporting pro-housing development; Title II -- Revenue Provisions: Sections 201-210 pertaining to the Low-Income Housing Tax Credit; Section 211: Study of tax incentives for the conversion of commercial property to affordable housing; Section 212: Renter's credit; and Section 213: Middle-income housing tax credit. S. 3436, Workforce Housing Tax Credit Act, to amend the Internal Revenue Code of 1986 to provide a credit for middle-income housing, and for other purposes, all provisions. H.R. 6686, Workforce Housing Tax Credit Act, to amend the Internal Revenue Code of 1986 to provide a credit for middle-income housing, and for other purposes, all provisions. H.R. 3238, Affordable Housing Credit Improvement Act of 2023, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions, in particular issues relating to increased tax credit authority, tax-exempt bond financing requirements, and the Violence Against Women Act. S. 1557, Affordable Housing Credit Improvement Act of 2023, to amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes, all provisions, in particular issues relating to increased tax credit authority, tax-exempt bond financing requirements, and the Violence Against Women Act. NMHC supports an increase in the private-activity bond volume cap to enhance the use of 4 percent Low-Income Housing Tax Credits. Draft legislation, to amend the Internal Revenue Code of 1986 to allow for the reallocation of unused volume cap for private activity bonds for qualified residential rental projects, all provisions. Draft legislation, to amend the Internal Revenue Code of 1986 to increase low-income housing credit allocations and private activity bond caps for States experiencing a shortage of work-force housing, all provisions. H.R. 6721, Rent Relief Act of 2023, to amend the Internal Revenue Code of 1986 to allow for a credit against tax for rent paid on the personal residence of the taxpayer, all provisions. Adaptive Reuse Draft Proposal: Federal tax policies to encourage repurposing of non-residential properties into residential rental property, including proposals to establish tax credits and to enable housing finance agencies to issue private activity bonds to help facilitate adaptive reuse of underutilized properties, particularly in areas that have a plan to track discriminatory land use policies. Draft legislation, Commercial-to-Housing Conversion Act of 2023, to amend the Internal Revenue Code of 1986 to provide an investment credit for converting non-residential buildings to affordable housing and to allow the issuance of private activity bonds for affordable housing conversions, all provisions. H.R. 419, Revitalizing Downtowns Act, to amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses, all provisions. S. 2511 (117th Congress), Revitalizing Downtowns Act, to amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses, all provisions.

Client expense: $1,890,000 · Firm income: Not reported

Government targets: Federal Housing Finance Agency (FHFA), HOUSE OF REPRESENTATIVES, Housing & Urban Development, Dept of (HUD), Natl Economic Council (NEC), Office of the Comptroller of the Currency (OCC), SENATE, Treasury, Dept of