2621 -- Modernization of Derivatives Tax Act of 2021 | Poliscope

Modernization of Derivatives Tax Act of 2021

2621

117th Congress

Taxation

In Committee

Legislative Progress

✓

Introduced

Committee

Floor Vote

Other Chamber

Enacted

Introduced

August 5, 2021

Latest Action

August 5, 2021

Primary Sponsor

Ron WydenDemocratic(OR)

Momentum (last 30 days)

score

0 actions · 0 new cosponsors · 0 votes

Speed vs cohort

0pct

0d open

vs 5,357 other S bills in the 117th — cohort avg 38d

Summary

Modernization of Derivatives Tax Act of 2021 This bill modifies the tax treatment of derivatives. A derivative is any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to another specified item. The bill modifies the tax treatment of derivatives to (1) require mark to market treatment (treating the contracts as if they had been terminated or transferred at fair market value at the end of the year) for derivatives not terminated or transferred during the year, (2) require gains and losses to be taxed at ordinary tax rates and sourced to the taxpayer's country of residence, and (3) revise the reporting requirements and tax rules that apply to taxpayers that use derivatives to hedge capital assets. The bill includes several exceptions for certain real property; hedging transactions; securities lending, sale-repurchase, and similar financing transactions; options received in connection with the performance of services; insurance contracts, annuities, and endowments; derivatives with respect to stock of members of the same worldwide affiliated group; and commodities used in the normal course or trade of business.

Lobbying filings that explicitly cite this bill (50)

These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.

Filing registrants (17)

OGR (12)WILLIAMS AND JENSEN, PLLC (6)AMERICAN COUNCIL OF LIFE INSURERS (14)AMERIPRISE FINANCIAL, INC. (6)CHAMBER OF COMMERCE OF THE U.S.A. (6)CME GROUP INC. (6)FUTURES INDUSTRY ASSOCIATION (7)INVESTMENT COMPANY INSTITUTE (7)LINCOLN NATIONAL CORPORATION (7)NAREIT (4)

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NASDAQ, INC. (6)

Subjects (5)

Capital gains tax

Commodities markets

Corporate finance and management

Income tax rates

Securities

Actions (2)

August 5, 2021

Read twice and referred to the Committee on Finance.

August 5, 2021

Introduced in Senate

Committees

Committee	Chamber	Activity	Date
Finance Committee	Senate	Referred to	August 5, 2021

Text Versions

Version	Date	Links
Introduced in Senate	August 5, 2021	XML

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Sources: Congress.gov

OPTIONS CLEARING CORPORATIONclient→THE OPTIONS CLEARING CORPORATION

2025 · fourth_quarter · Taxation/Internal Revenue Code

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

S.2621, the Modernization of Derivatives Tax Act of 2021

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

S.2621

DANIEL SCHRAMM JAMES HALL JULIE BAUER

Government targets: HOUSE OF REPRESENTATIVES, SENATE

OPTIONS CLEARING CORPORATIONclient→THE OPTIONS CLEARING CORPORATION

2025 · third_quarter · Taxation/Internal Revenue Code

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Cited source text, amounts, lobbyists, and targets

S.2621, the Modernization of Derivatives Tax Act of 2021

Client expense: $200,000 · Firm income: Not reported

S.2621

DANIEL SCHRAMM JAMES HALL JULIE BAUER

Government targets: HOUSE OF REPRESENTATIVES, SENATE

OPTIONS CLEARING CORPORATIONclient→THE OPTIONS CLEARING CORPORATION

2025 · second_quarter · Taxation/Internal Revenue Code

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Cited source text, amounts, lobbyists, and targets

S.2621, the Modernization of Derivatives Tax Act of 2021

Client expense: $210,000 · Firm income: Not reported

S.2621

DANIEL SCHRAMM JAMES HALL JULIE BAUER

Government targets: HOUSE OF REPRESENTATIVES, SENATE

OPTIONS CLEARING CORPORATIONclient→THE OPTIONS CLEARING CORPORATION

2025 · first_quarter · Taxation/Internal Revenue Code

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Cited source text, amounts, lobbyists, and targets

S.2621, the Modernization of Derivatives Tax Act of 2021

Client expense: $180,000 · Firm income: Not reported

S.2621

DANIEL SCHRAMM JAMES HALL JULIE BAUER

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Show 46 more cited filings

AMERICAN COUNCIL OF LIFE INSURERSclient→AMERICAN COUNCIL OF LIFE INSURERS

2024 · fourth_quarter · Taxation/Internal Revenue Code

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

S.__ - Protecting Proper Life Insurance from (PPLI) Abuse Act. This bill would restrict the use of private placement life insurance. OT bill - Secure Family Futures Act of 2023, or H.R. 5707 Life Insurance Tax Stabilization Proposal (no bill introduced yet) Ordinary Treatment of Bonds (Senate Wyden Modernization of Derivatives Act) S.2621 - 117th Congress (2021-2022) Modernization of Derivatives Tax Act of 2021 Build Back Better Act (H.R. 5376) Wyden Tax Wealth Like Wages (mark-to-market) discussion paper (no bill introduced yet) S. 2415 - 117th Congress (2021-2022) H.R. 7107 - 117th Congress (2021-2022) Inflation Reduction Act of 2022 H.R. 5376 - 117th Congress (2021-2022) Private Placement Life Insurance (no bill introduced yet)

Client expense: $1,419,462 · Firm income: Not reported

S.2621

JEFFRY JANOSKA mr DOUGLAS LATHROP

Government targets: HOUSE OF REPRESENTATIVES, SENATE

CHAMBER OF COMMERCE OF THE U.S.A.client→CHAMBER OF COMMERCE OF THE U.S.A.

2022 · fourth_quarter · Taxation/Internal Revenue Code

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

H.R. 1304, American Innovation and R&D Competitiveness Act of 2021 H.R. 1381/S. 480, Main Street Tax Certainty Act of 2021 H.R. 1712/S. 617, Death Tax Repeal Act H.R. 2617, Consolidated Appropriations Act, 2023 H.R. 3425, Saving Gig Economy Taxpayers Act H.R. 5376, Inflation Reduction Act of 2022 H.R. 8853, Protecting American Savers and Retirees Act H.R. 8913, TCJA Permanency Act H.R. 9030/S. 5015, Repealing the Ill-Conceived and Problematic (RIP) Book Minimum Tax Act S. 749, American Innovation and Jobs Act S. 948, A bill to protect American small businesses, gig workers, and freelancers by repealing the burdensome American Rescue Plan Act of 2021 transactions reporting threshold S. 1274, Remote and Mobile Worker Relief Act of 2021 S. 1298, Clean Energy for America Act S. 2621, Modernization of Derivatives Tax Act of 2021 Notice and Request for Comments, Internal Revenue Service; Proposed Extension of Information Collection Request Submitted for Public Comment, Concerning Source of Income from Certain Space and Ocean Activities, Source of Communications Income (87 Fed. Reg. 65,287, October 28, 2022) Guidance Related to the Foreign Tax Credit; Clarification of Foreign-Derived Intangible Income, T.D. 9959, 87 Fed. Reg. 276 (Jan. 4, 2022) (as corrected by 87 Fed. Reg. 45,018, 45,021, July 27, 2022) Various issues relating to The Tax Cuts and Jobs Act (P.L. 115-97), including implementation of, and follow up such as making individual rates and pass-through rates permanent; Internal Revenue Code Section 965/tax overpayments, and changes made to section 965 by the Tax Cuts and Jobs Act; foreign tax carryforwards transition; pension reform; conversion of future 401(k) or Individual Retirement Account (IRA) contributions to Roth accounts; 199A tax deduction; Internal Revenue Service controlled foreign corporation (CFC) look-thru rule; pending bilateral tax treaties before the U.S. Senate; potential for additional bilateral tax treaties; potential repeal of the State and Local Tax (SALT) cap; corporate tax filing deadline; digital services taxes; OECD Pillar Two rules, including global anti-base erosion proposal (GloBE); general business tax credits; taxation of mobile and remote workers during the coronavirus pandemic; tax free paycheck protection program loan forgiveness; Paycheck Protection Program (PPP) tax deductibility; work opportunity tax credit; implementation of the American Rescue Plan Act (P.L. 117-2) including Section 9674 relating to 1099-K form reporting; IRS priority guidance plan; continuation of the stepped-up basis; potential corporate tax rate increase; continuation of the percentage depletion tax deduction; Minding the Tax Gap; Improving Tax Administration for the 21st Century; Canadian proposal to enact a retroactive Digital Services Tax (DST); Global Intangible Low-Taxed Income (GILTI); proposals to institute a tax on financial statement incomes of corporations, known as a Book Tax; proposed Internal Revenue Code Section 163(n) limit on deductions for business interest expense; Tax Reporting Proposal by the Department of the Treasury related to a $600 or more annual account threshold; U.S. Chile Tax Treaty, Convention for the Avoidance of Double Taxation and the Prevention Of Fiscal Evasion With Respect to Taxes on Income and Capital; legislation to address section 163(j) EBITDA standard for business interest deductions; section 174 (R & D amortization) and extension of 100 percent accelerated depreciation known as full expensing or bonus depreciation; Extraterritorial Application of Sec. 49 German Income Tax Act; potential modifications to the gasoline tax, including waiving or temporary suspension; implementation of 26 U.S. Code 174 - Amortization of research and experimental expenditures; implementation of the Inflation Reduction Act, (P.L. 117-169), including implementation of the Excise tax on repurchase of corporate stock, and corporate alternative minimum tax; IRS guidance related to the Foreign Tax Credit and the Arms Length Requirement; proposal to repeal section 852(b)(6) of the Internal Revenue Code; proposal to institute an excise tax on stock buybacks

Client expense: $20,990,000 · Firm income: Not reported

S. 2621

BRINCE MANNING CHRISTOPHER EYLER CLARK JACKSON DAVID WEISSMAN ETHAN HELLIER EVAN JENKINS EVAN WILLIAMS JENNINGS IMEL JOHN DRAKE JOHN KIRCHNER JUSTIN LUMADUE KEVIN COURTOIS KRISTEN MALINCONICO MAGGIE WOODIN MARGARET MORGAN MARTIN DURBIN MONIQUE THIERRY MOORE HALLMARK NEIL BRADLEY NICK VAUGH

Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), SENATE, Treasury, Dept of

PRINCIPAL FINANCIAL GROUPclient→PRINCIPAL FINANCIAL GROUP

2022 · fourth_quarter · Taxation/Internal Revenue Code

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

S 2621 Modernization of Derivatives Act of 2021: This bill modifies the tax treatment of derivatives. A derivative is any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to another specified item. The bill modifies the tax treatment of derivatives to (1) require mark to market treatment (treating the contracts as if they had been terminated or transferred at fair market value at the end of the year) for derivatives not terminated or transferred during the year, (2) require gains and losses to be taxed at ordinary tax rates and sourced to the taxpayer's country of residence, and (3) revise the reporting requirements and tax rules that apply to taxpayers that use derivatives to hedge capital assets. The bill includes several exceptions for certain real property; hedging transactions; securities lending, sale-repurchase, and similar financing transactions; options received in connection with the performance of services; insurance contracts, annuities, and endowments; derivatives with respect to stock of members of the same worldwide affiliated group; and commodities used in the normal course or trade of business. S 2758 Stock Buyback Accountability Act of 2021: A summary is in progress H.R. 5161 Expanding Small Employer Pooling Options for Paid Family Leave Act of 2021 Summary in Progress Executive Report 117-1 Tax Convention with Chile Proposed treaty to promote and facilitate trade and investment between the United States and Chile.

Client expense: $551,000 · Firm income: Not reported

S 2621

ERIC SHIMP LANCE SCHOENING LAUREN CANCIENNE RACHEL STANLEY NGUYEN mr CHIRSTOPHER PAYNE

Government targets: HOUSE OF REPRESENTATIVES, SENATE

NASDAQ INCclient→NASDAQ, INC.

2022 · fourth_quarter · Financial Institutions/Investments/Securities

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

Transparency and accuracy of proxy advisors; Venture Exchange, H.R. 2899 - Main Street Growth Act, S. 2306 - Main Street Growth Act; Legislation on 10-Q optionality, H.R. 3454 - Modernizing Disclosures for Investors Act; Legislation on reforming U.S. antitrust laws - H.R. 3816 - American Choice and Innovation Online Act, H.R. 3826 - Platform Competition and Opportunity Act, H.R. 3825 - Ending Platform Monopolies Act, H.R. 3849 - Augmenting Compatibility and Competition by Enabling Service Switching Act, H.R. 3843 - Merger Filing Fee Modernization Act, H.R. 3460, the State Antitrust Enforcement Venue Act; Federal financial transaction tax, H.R. 1584 - Protecting Retirement Savers and Everyday Investors Act, S. 1283 - Tax on Wall Street Speculation Act; Mark-to-market - S.2621 Modernization of Derivatives Tax Act of 2021; Tracking legislation that would impact special purpose acquisition companies (SPACs) - S. 1504 - Sponsor Promote and Compensation Act, H.R.5910 - Holding SPACs Accountable Act; Support diplomatic efforts by the PCAOB / SEC to ensure PCAOB review of foreign auditing firms; H1B visa/immigration reform; Digital asset regulatory reform, S. 4760 - The Digital Commodities Consumer Protection Act; Equity market structure and SECs pending action on market structure (H.R. 4617), Regulation NMS, market data - H.R. ____ - Amend the Securities Exchange Act of 1934 to add certain requirements for the filing and approval of proposed rule changes by self-regulatory organizations approach 1, H.R. ____ - Securities Exchange Reform Act of 2022, H.R. 5795 - Main Street Growth Act, H.R. ____ - Amend the Securities Exchange Act of 1934 to add certain requirements for the filing and approval of proposed rule changes by self-regulatory organizations approach 2, H.R. ____ - Amend the Securities Exchange Act of 1934 to improve the governance of multi-class stock companies, H.R. ____ - Free-market Accountability through Investor Rights Act of 2022, H.R. ____ - Require the SEC to engage in rulemaking to prohibit or limit the use of rebate payments by exchanges that are tiered based on the aggregate volume of transactions effected by such members, H.R. 4865 - Registration for Index-Linked Annuities Act; Limitations on SEC regulation of non-exchange activities, Exchange Regulatory Improvement Act of 2017; ESG and public company regulations, H.R. 1187 - Corporate Governance Improvement and Investor Protection Act. SEC climate disclosure rule.

Client expense: $430,000 · Firm income: Not reported

S.2621

LAURA NOLAN TERRY CAMPBELL ii mr JAMEEL AALIM-JOHNSON

Government targets: Commodity Futures Trading Commission (CFTC), HOUSE OF REPRESENTATIVES, SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of

CHAMBER OF COMMERCE OF THE U.S.A.client→CHAMBER OF COMMERCE OF THE U.S.A.

2022 · third_quarter · Financial Institutions/Investments/Securities

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

H.R. 935, Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021 H.R. 1087, Shareholder Political Transparency Act of 2021 H.R. 1187, Corporate Governance Improvement and Investor Protection Act H.R. 1277/S. 374, Improving Corporate Governance Through Diversity Act of 2021 H.R. 1602, Eliminate Barriers to Innovation Act of 2021 H.R. 2025/S. 840, To amend title 28, United States Code, to increase transparency and oversight of third-party litigation funding in certain actions, and for other purposes H.R. 2516, Promoting Diversity and Inclusion in Banking Act of 2021 H.R. 2543, Federal Reserve Racial and Economic Equity Act H.R. 2547, Comprehensive Debt Collection Improvement Act H.R. 2570, Climate Risk Disclosure Act of 2021 H.R. 2620, Investor Choice Act of 2021 H.R. 3007, Disclosure of Tax Havens and Offshoring Act H.R. 3448, Helping Startups Continue to Grow Act H.R. 3454, Modernizing Disclosures for Investors Act H.R. 3843, Merger Filing Fee Modernization Act of 2022 H.R. 4277, Overdraft Protection Act of 2021 H.R. 4345, Financial Services and General Government Appropriations Act, 2022 H.R. 4521, America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (America COMPETES) Act of 2022, including provisions related to House Amendment 218 H.R. 4590, Promoting New and Diverse Depository Institutions Act H.R. 4616, Adjustable Interest Rate (LIBOR) Act of 2021 H.R. 4773, Consumer Financial Protection Commission Act H.R. 5586/S. 3056, Prohibiting IRS Financial Surveillance Act H.R. 5648/S. 3022, Stop Wall Street Looting Act H.R. 5910, Holding SPACs Accountable Act of 2021 H.R. 5911, Fair Hiring in Banking Act H.R. 7151, Ensuring Sound Guidance Act H.R. 7900, National Defense Authorization Act for Fiscal Year 2023 H.R. 7977, Promoting Opportunities for Non-Traditional Capital Formation Act H.R. 8254/S. 4685, Financial Services and General Government Appropriations Act, 2023 H.R. 8521, Investor Democracy is Expected (INDEX) Act S. 479, Lifting Our Communities through Advance Liquidity for (LOCAL) Infrastructure Act S. 2417, Credit Access and Inclusion Act of 2021 S. 2508, Veterans and Consumers Fair Credit Act S. 2621, Modernization of Derivatives Tax Act of 2021 S. 3410, The Consumer Protection and Due Process Act S. 3755, Arbitration Fairness for Consumers Act S. 3844, Economic Continuity and Stability Act S. 3914, Developing and Empowering our Aspiring Leaders Act of 2022 S. 4241, Investor Democracy is Expected (INDEX) Act Draft legislation titled Jumpstart our Business Startups (JOBS) Act 4.0 of 2022 Draft legislation titled Mandatory Materiality Requirement Act of 2022 Potential legislation to foster economic growth and job creation through capital formation Potential legislation to further economic growth through environmental, social, and governance factors Potential legislation to make changes to the Exchange Act Rule 14a-8 shareholder proposal process Potential legislation to hold proxy voting advice businesses accountable Potential legislation to expressing a sense of Congress reaffirming the Supreme Court materiality standard Potential legislation to require the SEC to consider additional standards in the rulemaking process Potential legislation to study the term small entity Potential legislation regarding a new regulatory framework for stablecoins Potential legislation dealing with third party litigation financing and lawsuit lending Potential legislation dealing with securities litigation Nomination of Mark Uyeda to be Commissioner of the U.S. Securities and Exchange Commission (SEC) Proposed rule regarding SEC Enhanced Reporting of Proxy Votes by Registered Management Investment Companies; Reporting of Executive Compensation Votes by Institutional Investment Managers Proposed Rule (86 Fed. Reg. 57,478-57,524, October 15, 2021) Proposed rule regarding Position Reporting of Large Security-Based Swap Positions (87 Fed. Reg. 6,652-6,706, December 15, 2021) SEC Money Market Fund Reforms (86 Fed. Reg. 7,248, December 15, 2021) Proposed rules regarding amendments to Form PF (87 Fed. Reg. 9,106-9,235, January 26, 2022) Proposed rule regarding Share Repurchase Disclosure Modernization (87 Fed. Reg. 8,443-8,472, February 15, 2022) Proposed Rule, Securities and Exchange Commission; Prohibition Against Fraud, Manipulation, or Deception in Connection with Security-Based Swaps, Prohibition against Undue Influence over Chief Compliance Officers, Position Reporting of Large Security-Based Swap Positions (87 Fed. Reg. 6,652-6,706, February 4, 2022) Proposed rule on Enhancement and Standardization of Climate-Related Disclosures for Investors (87 Fed. Reg. 21,334-21,473, April 11,2022) Proposed Rule, Securities and Exchange Commission; Enhanced Disclosures by Certain Investment Advisers and Investment Companies About Environmental, Social, and Governance Investment Practices (87 Fed. Reg. 36,654-36,761, June 17, 2022) Proposed Rule, Securities and Exchange Commission; Investment Company Names (87 Fed. Reg. 36,594-36,651, June 17,2022) Proposed Rule, Securities and Exchange Commission; Share Repurchase Disclosure Modernization (87 Fed. Reg. 8,443-8,472, April 1, 2022) Proposed Rule, Securities and Exchange Commission; Substantial Implementation, Duplication, and Resubmission of Shareholder Proposals Under Exchange Act Rule 14a-8 (87 Fed. Reg. 45,052-45,075. July 27, 2022) Request for Comment on Certain Information Providers Acting as Investment Advisers; Securities and Exchange Commission (87 Fed. Reg. 37,254-37,262, June 22, 2022) Request for Comment, Bureau of Consumer Financial Protection; Agency Information Collection Activities, Report of Terms of Credit Card Plans (Form FR 2572) and Consumer and College Credit Card Agreements (87 Fed. Reg. 50,851-50,852, August 18, 2022) Advance Notice of Proposed Rulemaking, Bureau of Consumer Financial Protection; Credit Card Late Fees and Late Payments (87 Fed. Reg. 42,662, July 18, 2022) Joint Notice of Proposed Rulemaking, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Federal Reserve System; Community Reinvestment Act (87 Fed. Reg. 33,884-34,066, June 3, 2022) Request for Comments, Department of the Treasury; Ensuring Responsible Development of Digital Assets (87 Fed. Reg. 40,881-40,883, July 8, 2022) Request for Comment, International Trade Administration; Developing a Framework on Competitiveness of Digital Asset Technologies (87 Fed. Reg. 30450- 30452, May 19, 2022) Various issues relating to SEC Best Interest and Enhancing Investment Adviser Regulation relating to broker-dealers, registered investment advisers, conflicts of interest; potential federal preemption of state fiduciary standards; Public Company Accounting Oversight Board (PCAOB); CFTCs de minimis Exception for Swap Dealers; Securities and Exchange Commission amendments to the Commissioners whistleblower rules file no. S7-16-18; proxy process, proxy advisory firms, and other related aspects of corporate governance; corporate common ownership; adoption of the current expected credit loss (CECL) accounting standard; role of credit reporting agencies (CRAs) in the U.S. economy; debt collection practices (regulation F) under the Fair Debt Collection Practices Act (P.L. 95-109); qualified mortgage definition under the Truth in Lending Act (P.L. 90-321) (Regulation Z); Financial Stability Oversight Council and the designation of Nonbank Financial Firms as systemically important; Federal Reserve Systems Large Institution Supervision Coordinating Committee; potential housing finance reform legislation; enforcement of Securities and Exchange Commission penalties; potential repeal of the State and Local Tax (SALT) Cap; federal interest rate authority; Anti-Money Laundering (AML) and Bank Secrecy Act (BSA) reform; electronic consent-based SSN Verification Service (eCBSV); environmental, social, and governance (ESG) enforcement; information Collection under the Community Reinvestment Act (CRA); potential Financial Transaction Tax (FTT); potential Treasury Department proposal relating to tax reporting by banks; investment company cross trading; potential money market fund reform measures; resolutions to establish task forces on Artificial Intelligence and Financial Technology in the House Committee on Financial Services; transition to the secured overnight financing rate; implementation of SEC Rule 15c2-11; Department of Labor fiduciary advice exemption: PTE 2020-02; benefits of risk-based pricing; mobile disclosures; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, and overall direction of the Commission under Chair Lina Khan; Tax Reporting Proposal by the Department of the Treasury related to a $600 or more annual account threshold; Amendment to the FY22 National Defense Authorization Act related to credit reporting; Climate-Related Financial Risk Management for Large Banks; House Committee on Financial Services request for information related to Russia sanctions; CFPB Policy Fellowship program; CFPB amendment of its Supervision and Examination Manual; CFPB conflation of Distinct Statutory Concepts of Unfairness and Discrimination; Promoting the importance of appropriate length of SEC Comment Periods; Internal Revenue Service; Priority Guidance Plan; Compliance Assistance Release, Department of Labor; 401(k) Plan Investments in Cryptocurrencies Request for Information, Consumer Financial Protection Bureau; Fees Imposed by Providers of Consumer Financial Products or Services; Notice of Inquiry, Federal Communications Commission; In the Matter of Implementing the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination; (GN Docket No. 22-69); EU sustainable finance action plan and incorporating ESG factors into financial services; EU review of Alternative Investment Fund Managers Directive; EU review of prudential regime for investment firms; implementation and enforcement of Regulation Best Interest by the Securities and Exchange Commission; changes in the enforcement policies of the Securities and Exchange Commission; activity of the Financial Stability Oversight Council and recommendations on macro-prudential regulation; clarification in the regulatory treatment of digital assets by the Securities and Exchange Commission and the Commodity Futures Trading Commission; implementation and enforcement of proxy advisory firm regulations finalized in 2020; implementation and enforcement of SEC 14a-8 shareholder proposal process reforms finalized in 2020; EU Money Market Fund Regulation, legislative review; electronic delivery of certain investment documents and disclosures; implementation of beneficial ownership reporting requirements under the National Defense Authorization Act FY2021 (P.L. 116-283); implementation of the Social Security Administrations Electronic Consent Based Social Security Number Verification System Service; Financial Stability Board recommendations on money market fund reform; IOSCO recommendations on sustainability-related practices, polices, procedures, and disclosure in asset management; Office of Financial Research (OFR) discussions on FSOC Report on Climate-Related Financial Risk; staff legal guidance at the SEC concerning no-action letters on shareholder proposals with broad societal impact (Staff Legal Bulletin 14L-CF); SEC Reforms to regulations related to Cybersecurity Disclosures; SEC Reforms to regulations related to Human Capital Management Disclosures; SEC Reforms to regulations related to proxy voting advice businesses; SEC request for information on digital engagement practices; Written responses regarding requests for comment resulting from the March 9, 2022 Executive Order on Ensuring Responsible Development of Digital Assets; SEC Proposed Rule amending 10b5-1; SEC Proposed Rule on Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews; SEC Amended Rule 15c2-11, applicability to 144A securities; SEC Proposed Rule on the Enhancement and Standardization of Climate-Related Disclosures for Investors; SEC Substantial Implementation, Duplication, and Resubmission of Shareholder Proposals Under Exchange Act Rule 14a-8; PCAOB 2022-2026 Draft Strategic Plan; SEC FY 22-26 Strategic Plan; FinCEN Implementation of the Beneficial Ownership Requirements of the Corporate Transparency Act (P.L. 116-283)

Client expense: $23,940,000 · Firm income: Not reported

S. 2621

BRINCE MANNING CHRISTOPHER EYLER CLARK JACKSON DAVID WEISSMAN EVAN JENKINS EVAN WILLIAMS JAMES LOCKE JENNINGS IMEL JOHN ABEGG JUSTIN LUMADUE KENNETH JOHNSON jr KEVIN COURTOIS KRISTEN MALINCONICO MARGARET MORGAN MATTHEW WEBB MONIQUE THIERRY MOORE HALLMARK NEIL BRADLEY NICK VAUGH RONALD BIRD

Government targets: Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Office of Management & Budget (OMB), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of

CHAMBER OF COMMERCE OF THE U.S.A.client→CHAMBER OF COMMERCE OF THE U.S.A.

2022 · third_quarter · Taxation/Internal Revenue Code

Open original LDA filing ↗

Cited source text, amounts, lobbyists, and targets

H.R. 1304, American Innovation and R&D Competitiveness Act of 2021 H.R. 1381/S. 480, Main Street Tax Certainty Act of 2021 H.R. 1712/S. 617, Death Tax Repeal Act H.R. 3425, Saving Gig Economy Taxpayers Act H.R. 5376, Build Back Better Act H.R. 8853, Protecting American Savers and Retirees Act S. 749, American Innovation and Jobs Act S. 948, A bill to protect American small businesses, gig workers, and freelancers by repealing the burdensome American Rescue Plan Act of 2021 transactions reporting threshold S. 1274, Remote and Mobile Worker Relief Act of 2021 S. 1298, Clean Energy for America Act S. 2621, Modernization of Derivatives Tax Act of 2021 S. 2758, Stock Buyback Accountability Act of 2021 Draft legislation titled Repealing the Ill-Conceived and Problematic (RIP) Book Minimum Tax Act Draft legislation titled Protecting American Savers and Retirees Act Various issues relating to tax extenders, including bonus depreciation, deferral tax provisions, S-Corp tax provisions, and flow-throughs; Tax Cuts and Jobs Act (P.L. 115-97), including implementation of, and follow up such as making individual rates and pass-through rates permanent; Internal Revenue Code Section 965/tax overpayments, and changes made to section 965 by the Tax Cuts and Jobs Act; foreign tax carryforwards transition; pension reform; conversion of future 401(k) or Individual Retirement Account (IRA) contributions to Roth accounts; 199A tax deduction; Internal Revenue Service controlled foreign corporation (CFC) look-thru rule; pending bilateral tax treaties before the U.S. Senate; potential for additional bilateral tax treaties; potential repeal of the State and Local Tax (SALT) cap; corporate tax filing deadline; digital services taxes; OECD Pillar Two rules, including global anti-base erosion proposal (GloBE); general business tax credits; taxation of mobile and remote workers during the coronavirus pandemic; tax free paycheck protection program loan forgiveness; Paycheck Protection Program (PPP) tax deductibility; work opportunity tax credit; implementation of the American Rescue Plan Act (P.L. 117-2) including Section 9674 relating to 1099-K form reporting; IRS priority guidance plan; continuation of the stepped-up basis; potential corporate tax rate increase; continuation of the percentage depletion tax deduction; Minding the Tax Gap; Improving Tax Administration for the 21st Century; Canadian proposal to enact a retroactive Digital Services Tax (DST); Global Intangible Low-Taxed Income (GILTI); proposals to institute a tax on financial statement incomes of corporations, known as a Book Tax; proposed Internal Revenue Code Section 163(n) limit on deductions for business interest expense; Tax Reporting Proposal by the Department of the Treasury related to a $600 or more annual account threshold; U.S. Chile Tax Treaty, Convention for the Avoidance of Double Taxation and the Prevention Of Fiscal Evasion With Respect to Taxes on Income and Capital; section 163(j) EBITDA standard for business interest deductions; Extraterritorial Application of Sec. 49 German Income Tax Act; potential modifications to the gasoline tax, including waiving or temporary suspension; implementation of 26 U.S. Code 174 - Amortization of research and experimental expenditures; implementation of the Inflation Reduction Act, (P.L. 117-169); proposal to repeal section 852(b)(6) of the Internal Revenue Code; proposal to increase the capital gains rate, including the treatment of carried interest; proposal to institute an excise tax on stock buybacks

Client expense: $23,940,000 · Firm income: Not reported

S. 2621

BRINCE MANNING CHRISTOPHER EYLER CLARK JACKSON DAVID WEISSMAN ETHAN HELLIER EVAN JENKINS EVAN WILLIAMS JENNINGS IMEL JOHN KIRCHNER JUSTIN LUMADUE KEVIN COURTOIS KRISTEN MALINCONICO MARGARET MORGAN MONIQUE THIERRY MOORE HALLMARK NEIL BRADLEY NICK VAUGH RONALD EIDSHAUG SHAVENOR WINTERS STEPHEN MCALLISTER

Government targets: HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), SENATE, Treasury, Dept of

PRINCIPAL FINANCIAL GROUPclient→PRINCIPAL FINANCIAL GROUP

2022 · third_quarter · Taxation/Internal Revenue Code

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S 2621 Modernization of Derivatives Act of 2021: This bill modifies the tax treatment of derivatives. A derivative is any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to another specified item. The bill modifies the tax treatment of derivatives to (1) require mark to market treatment (treating the contracts as if they had been terminated or transferred at fair market value at the end of the year) for derivatives not terminated or transferred during the year, (2) require gains and losses to be taxed at ordinary tax rates and sourced to the taxpayer's country of residence, and (3) revise the reporting requirements and tax rules that apply to taxpayers that use derivatives to hedge capital assets. The bill includes several exceptions for certain real property; hedging transactions; securities lending, sale-repurchase, and similar financing transactions; options received in connection with the performance of services; insurance contracts, annuities, and endowments; derivatives with respect to stock of members of the same worldwide affiliated group; and commodities used in the normal course or trade of business. S 2758 Stock Buyback Accountability Act of 2021: A summary is in progress H.R. 5161 Expanding Small Employer Pooling Options for Paid Family Leave Act of 2021 Summary in Progress Executive Report 117-1 Tax Convention with Chile Proposed treaty to promote and facilitate trade and investment between the United States and Chile.

Client expense: $538,000 · Firm income: Not reported

S 2621

ERIC SHIMP LANCE SCHOENING LAUREN CANCIENNE RACHEL STANLEY NGUYEN mr CHIRSTOPHER PAYNE

Government targets: HOUSE OF REPRESENTATIVES, SENATE