News Type: Roundtable Weekly

House Lawmakers Focus on Institutional Ownership of Single-Family Homes

Posted on by Trey Jackson

House Committee on Financial Services - image

Rent increases, financial barriers to homeownership, and the growing role of institutional investors in single-family home markets were the focus of two hearings in the House this week. Committee Democrats blamed corporate landlords for exacerbating affordable housing problems as Republicans emphasized high inflation and excessive government spending as the root causes. (Axios, June 29 and GlobeSt, June 30)

Views from the House

  • During the June 28 House Financial Services Subcommittee on Oversight & Investigation hearing, “Where Have All the Houses Gone? Private Equity, Single Family Rentals, and America’s Neighborhoods,” Chair Al Green (D-TX) stated policymakers are examining “… troubling issues regarding the mass predatory purchasing of single-family homes by private equity firms, including the adverse impact predatory purchasing has had on first-time home buyers, the working class, and people of color.” (July 28 House committee hearing memo)
  • Subcommittee Ranking Member Tom Emmer (R-MN) countered that an 8.6% inflation rate is the cause of current affordable housing challenges—and Congress should focus instead on lowering the cost of living for Americans. (Hearing video, June 28)

Sam Chandan testifying

  • A June 29 full committee hearing entitled, “Boom and Bust: Inequality, Homeownership, and the Long-Term Impacts of the Hot Housing Market” included testimony from Sam Chandan (above)—Director of the Center for Real Estate Finance Research and Professor of Finance, NYU Stern School of Business—and a member of The Real Estate Roundtable’s Research Committee. (July 29 House committee hearing memo)
  • Chandan cited Freddie Mac research published this month that shows, “Nationally, the institutional investor share of the market has risen since just prior to the pandemic, but still only accounts for approximately 2.5 percent of home sales. By way of comparison, individual investors and other non-institutional investors account for 24 percent of the market, nearly ten times the institutional share.” (Chandan’s testimony and hearing video, June 29)
  • Chandan also noted that housing equity gaps and the shortfall of affordable housing can only be addressed with a long-term, multifaceted approach that includes reforming local building codes and zoning, improving the supply of construction materials, and investments in public transportation that open new land development opportunities.

Responses

Jeff DeBoer - Real Estate Roundtable President and CEO

  • David Howard, executive director of the National Rental Home Council, submitted a statement for the hearing record that included: “As a multitude of data consistently shows, the answer to the question posed in the title of this week’s hearing, ‘Where Have All the Houses Gone?’ is they were never built. Simply stated, the supply of housing in the United States has not kept pace with demand.”
  • Roundtable President and CEO Jeffrey DeBoer, above, stated, “Expanding the supply and availability of affordable housing deserves a coordinated local, state, and national policy action plan. Local zoning restrictions, permitting issues, and the oversized influence of NIMBYs—coupled with high and now significantly rising labor and material costs—are the true factors limiting housing supply, and in turn, increasing housing costs.”

The Roundtable’s 2022 Annual Report states, “The affordable housing shortage is one of the most important and complex political problems in America, and The Roundtable continues to work with our national real estate organization partners to jointly advocate for policies that will help enhance the supply of safe, affordable housing.” (Housing section, 2022 Annual Report)

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New Research Details Trends in Like-Kind Exchanges and Impact on US Economy

Posted on by Trey Jackson

TPAC during Annual Mtg 2022

New research highlights emerging trends related to real estate like-kind exchanges (LKEs) and their growing importance to the US economy. The report by EY economist and former Treasury Deputy Assistant Secretary for Tax Analysis Robert Carroll was presented to The Real Estate Roundtable’s Tax Policy Advisory Committee (TPAC), above, on June 17. EY partnered with the Real Estate Like-Kind Exchange Coalition, which includes The Roundtable, to produce the updated LKE report with 2021 data. (TPAC slide presentation, June 17)

LKE Data and Trends

EY LKE presentation to TPAC 2022

  • LKEs under section 1031 of the tax code allow businesses to defer capital gains tax on the disposition of real estate if the gain is used to acquire replacement property of like kind within six months.
  • The EY report—“Economic Contribution of the Like-Kind Exchange Rules to the US economy in 2021: An Update”—updates EY’s prior research that used LKE data from 2019.
  • The survey found that the dollar volume of like-kind exchange activity and number of transactions increased by 70% between 2019 and 2021. The increase was identified by a survey of qualified intermediaries as the US economy recovered from the COVID recession.
  • According to the author, the increase in LKE activity “is likely due, in part, to the transition of many qualified real property assets to new or modified uses to meet post-pandemic business models and tenant needs, a trend that may continue, at least to some degree, for the next several years.”

LKE Economic Impact

EY LKE updated data 2021

  • The EY report estimates the impact of like-kind exchange rules on the cost of capital and assesses the likely impact of section 1031 on investment decisions and investment levels. EY’s significant findings include:
    • Job growth and labor income
      Overall, economic activity generated by Section 1031 exchanges in 2021 supported 976,000 jobs and $48.6 billion of labor income.
    • Gross Domestic Product
      Like-kind exchanges generated $97.4 billion in value added in the United States in 2021. “Value added” measures a sector’s or industry’s contribution to the production of final goods and services.
    • Federal, state, and local tax revenue
      Taxpayers engaged in like-kind exchanges—along with suppliers and related consumer spending—were estimated to generate approximately $13.1 billion in federal, state, and local taxes during 2021.
  • The EY research builds on the groundbreaking academic research on LKEs commissioned by The Roundtable and other members of the Real Estate Like-Kind Exchange Coalition at the height of the tax reform debate. This work by Professors David Ling (Univ. Fla.) and Milena Petrova (Syracuse U.) was subsequently published in 2020 in the peer-reviewed Journal of Real Estate Literature here and here.

The Roundtable’s Tax Policy Advisory Committee (TPAC) will continue working to raise awareness of the role that like-kind exchanges play in supporting the health of the US economy and the stability of real estate markets.

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EPA Highlights Federal Resources to Help Standardize State, Local GHG Laws on Buildings

Posted on by Trey Jackson

EPA's Building Performance Policy Brief - image

The U.S. Environmental Protection Agency (EPA) released a policy brief on Tuesday that provides a “formal recommendation” on metrics that states and cities should consider as they may develop GHG-related mandates on commercial and multifamily buildings. 

Trends in Building Performance Standards (“BPS”) 

  • A national BPS law does not exist (and is not on Congress’s horizon) for emissions limits or efficiency requirements on private sector buildings.
  • Nor do U.S. agencies have any current ability to create a general federal building energy code or enact rules that establish GHG mandates on real estate assets, as made evident by yesterday’s SCOTUS decision in West Virginia v. EPA. (SCOTUSblog, June 30)
  • However, a number of states and cities have developed or are considering their own climate-related building regulations according to the National BPS Coalition launched by the Biden Administration.
  • Local BPS laws can require CRE owners to pay for energy efficiency retrofits and building electrification projects—or else pay fines and penalties.
  • The White House Council on Environmental Quality (CEQ) is creating a BPS for buildings owned by the federal government. Development of the “federal BPS” is reportedly delayed because of “data shortfalls.” (Bloomberg Law, June 29)

RER Seeks Voluntary Federal Guidelines   

SPAC at Roundtable Annual Meeting

  • The Real Estate Roundtable has repeatedly expressed to policymakers—including the Federal Energy Regulatory Commission (FERC)—that workable, federal-level, voluntary guidelines are needed to help standardize the “hodge-podge” of divergent local laws that can vary in their regulations on buildings.
  • The Roundtable’s June 10 comment letter to the SEC urged the creation of a “safe harbor” for proposed emissions disclosures that are based on the best available GHG calculation tools, standards and data offered by federal agencies. (Roundtable Weekly, June 10).
  • EPA branch chiefs heard from The Roundtable about the need for federal guidance to help unify local BPS laws at the June 17 meeting of the Sustainability Policy Advisory Committee, above. (Roundtable Weekly, June 17) SPAC is chaired by Tony Malkin (Chairman, President, and CEO, Empire State Realty Trust) and vice-chaired by Ben Myers (VP, Sustainability, BXP). 

EPA’s Recommended BPS Metrics  

EPA's BPS metrics publication

  • SPAC members participated in a number of EPA-sponsored “workshops” that led to the recommended federal BPS metrics.
  • EPA’s recommended metrics are intended to “develop consistent policies that reflect the business realities faced by building owners.” (EPA’s Policy Brief and Recommended Metrics publication, above)
  • Specifically, EPA recommends that any locality considering a BPS should focus on measures within a building owner’s ability to control—such as “on-site” reduction of energy usage or “direct” GHG emissions.
  • EPA also recommends that any energy-usage intensity requirement should not be “one size fits all.” Rather, BPS rules should be “normalized” to reflect variables such as a building’s type, hours of operation, and weather conditions.
  • EPA’s recommendations are preferable to other proposals that could make CRE owners responsible for how “clean” the electric grid should become—an issue beyond owners’ control. (Roundtable Weekly, April 9, 2021). 

A number of localities are contemplating laws to ban natural gas and other fossil fuels within their borders. EPA’s encourages any such jurisdiction to consider long-term, published, and incremental “phase-out” schedules so building owners can “plan for costly and difficult equipment replacements.”  

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GAO Recommends Government Assessment of Federal Backstop for Catastrophic Cyberattacks

Posted on by Trey Jackson

GAO cyber study cover

The US Government Accountability Office (GAO) recommended in a June 21 report that the federal government should assess the need for a potential insurance backstop for cyberattacks on critical infrastructure. (GAO summary “Cyber Insurance: Action Needed to Assess Potential Federal Response to Catastrophic Attacks”)

Growing Cyber Threats

cyber attack image

  • With the growing proliferation of cyberattacks, the challenge of mitigating and managing this expanding risk poses an increasing challenge to the U.S. economy and real estate.
  • Insurers and the government’s terrorism risk insurance program originally established under the Terrorism Risk Insurance Act (TRIA) may not be able to cover the expanding range of such losses. For example, TRIA may only cover cyberattacks if they can be considered “terrorism” under its defined program criteria.
  • TRIA was reauthorized in 2019 and extended for seven years through 2027. The legislation included a request for a study on evolving cyber terrorism risks. (Coalition to Insure Against Terrorism)
  • The Roundtable has raised concerns about the need for policyholders to have access to effective insurance products to help manage the risks of catastrophic cyberattacks—particularly in the context of TRIA-backed coverage for cyber terrorism attacks. (See May 16, 2022 joint comment letter on “2022 Report on the Effectiveness of the Terrorism Risk Insurance Program”)
  • This month’s GAO report acknowledges that although some cyber incident costs are covered in part by the private cyber insurance market, growing cyber threats have created uncertainty in this evolving market.
  • The report also notes that cyber incidents can spill over from the initial target to economically linked firms, thereby magnifying damage and threats to the overall economy. “Cyber insurance and the Terrorism Risk Insurance Program (TRIP)—the government backstop for losses from terrorism—are both limited in their ability to cover potentially catastrophic losses from systemic cyberattacks,” the report adds. (See report summary)

Federal Insurance Backstop

CISA Logo

  • Federal agencies “have not assessed the extent to which risks to critical infrastructure from catastrophic cyber incidents and potential financial exposures warrant a federal insurance response,” the report states.
  • GAO states a government study that addresses a federal insurance response should include clear criteria for coverage, specific cybersecurity requirements, and a dedicated funding mechanism with concessions from all market participants.
  • The report concludes that the Department of the Treasury’s Federal Insurance Office (FIO) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) should jointly assess the cyberattack risks that warrant a federal insurance response, and inform Congress of the results of their assessment.

The Roundtable’s Homeland Security Task Force discussed the issue of cybersecurity and a potential federal backstop during its June 17 meeting, held in conjunction with The Roundtable’s 2022 Annual Meeting. (Roundtable Weekly, June 17)

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More than 10,000 Stakeholders—Including Members of Congress—Weigh in on SEC Proposed Climate Rule

Posted on by Trey Jackson

SEC Climate Disclosure Comments Reference page

Congressional lawmakers recently submitted comments to the U.S. Securities and Exchange Commission (SEC) regarding its proposed rule that would require all registered companies to disclose material financial risks related to climate change. Overall, the SEC has received about 10,000 responses on the climate reporting proposal. (AP, June 17, Wall Street Journal, June 21 and SEC docket with list of organizations and individual comments) 

The Real Estate Roundtable submitted its comments to the SEC on June 10. (Roundtable Weekly, June 10) 

Views from Congress, State AGs 

  • More than 130 House Republicans wrote to SEC Chair Gary Gensler on June 15, asking him to rescind the climate disclosure proposal. “It is Congress’ job to set our environmental policy, not the job of unelected regulators,” according to the House letter. They have also called for a hearing on the SEC’s proposal. (E&E News, May 10)
  • A nearly equal number of House Democrats countered in their own letter, urging the SEC “to finalize the rule as quickly as possible.”
  • Over in the Senate, Republicans expressed their opposition in an April 5 letter.
  • Meanwhile, various Democratic Senators submitted several separate comments on June 17. One of their letters maintains that the proposal does not go far enough and should include a specific quantitative threshold for mandatory disclosures of Scope 3 emissions.
  • State Attorneys General have similarly expressed dueling opinions. (Democratic State AGs and Republican State AGs)  

CRE Response 

SEC screens

The Biden administration is expected to push forward with a final rule that could be issued later this year.

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Rising Inflation Threatens Biden Infrastructure Plan as White House Aims to Combat Price Pressures

Posted on by Trey Jackson

Highway construction usa

As rising inflation diminishes the spending power of the trillion-dollar bipartisan infrastructure law enacted seven months ago, the Biden administration continues to work on a potential reconciliation deal with congressional Democrats that could combat price pressures and revive parts of the president’s agenda. (BGov, June 23 and Politico, June 17) 

Rising Construction Costs & Labor Shortages 

  • The costs of gas, food and other consumer staples surged to a four-decade high last month, registering an 8.6% increase from 12 months earlier. (US Bureau of Labor Statistics, June 14)
  • Rising inflation is also increasing construction costs, which dilutes the buying power of states to implement federal aid on large infrastructure projects. States are receiving project bids up to 30% above their original expectations from contractors citing supply problems, spiking material costs, and labor shortages. (BGov, June 23 and Politico, June 17)
  • An analysis by the Associated Builders and Contractors of recent labor data shows construction prices jumped 21% from a year ago, while nonresidential construction prices registered a 21.9% increase. Iron and steel prices were up 103% from 2020, while concrete increased 17% from two years ago. (Associated Builders and Contractors and Bureau of Labor Statistics, June 14)
  • The Biden administration is seeking to support industries that may experience increased demand from new infrastructure investment—and assist workers acutely affected by the pandemic. The White House recently announced a “Talent Pipeline Challenge” initiative that aims to connect employers to organizations that offer job training through unions, industry associations, and community colleges for construction and jobs. (White House fact sheet and Bloomberg Law, June 17)
  • White House infrastructure czar Mitch Landrieu told Bloomberg this week, “As long as there is a financial crunch on supply stuff and on inflation stuff, it’s going to affect everything that we’re doing in the $1.2 trillion at some point in time. Over the long haul, we think that will ease itself.” (BGov, June 23)
  • Similarly, Transportation Secretary Pete Buttigieg said, “The tightness we’re experiencing today is not what you would see across the five-year life of this funding, let alone the longer life of the construction projects themselves.” (Politico, June 17) 

Legislative Goal 

US Capitol Building

  • White House National Economic Council Director Brian Deese addressed administration efforts to combat inflation on June 19 with CBS News’ Face the Nation. He said, “The single most impactful thing that we could do right now is to work with Congress to pass legislation that would lower the costs of things that families are facing right now” such as prescription drugs and utility costs. (CBS transcript of Deese interview, June 19)
  • The legislation Deese referenced is a scaled-back reconciliation package that may include provisions on climate, deficit reduction, and prescription drug costs—and reportedly is the focus of talks involving Senate Majority Leader Chuck Schumer (D-NY) and Sen. Joe Manchin (D-WV). (Roundtable Weekly, June 17)
  • The big four Congressional leaders (Schumer, McConnell, Pelosi and McConnell) met on Tuesday and appear increasingly close to reaching agreement on a separate $50 billion bill to finance increased R&D spending, semiconductor production, and measures to address economic competitiveness with China. (Reuters, June 21)
  • Inflation also dominated the concerns of policymakers this week during testimony by Fed Chair Jerome Powell before the Senate Banking Committee and House Financial Services Committee. (C-Span, June 22 and June 23) 

Powell stated, “Inflation has obviously surprised to the upside over the past year, and further surprises could be in store. We therefore will need to be nimble in responding to incoming data and the evolving outlook. And we will strive to avoid adding uncertainty in what is already an extraordinarily challenging and uncertain time.” (Federal Reserve written testimony) 

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Congress Passes Bipartisan Gun Compromise

Posted on by Trey Jackson

Capitol building with flag

This week, Congress passed the first major federal gun safety legislation in three decades and sent the bipartisan compromise to President Biden for his expected signature. The Senate passed the Bipartisan Safer Communities Act last night with a filibuster-proof 65-33 vote, which included the support of 15 Republicans and all Democrats. The House passed the measure 324-193 today. (Axios, and POLITICO, June 24)

Measures in the Bill

  • Senators Chris Murphy (D-CT), John Cornyn (R-TX), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC) reportedly took the lead in negotiating the compromise. (POLITICO June 23 | Section-by-Section bill summary | 80-page legislative text)
  • Murphy’s website and the Associated Press outlined the legislation’s measures, which would:
    • Enhance background checks for gun buyers under 21 years old.
    • Close the “boyfriend loophole” to prevent any individual subject to a domestic violence restraining order from owning a gun.

    • Provide incentives for states to create “red flag” laws intended to keep weapons away from individuals who are deemed to be a danger to themselves or others.

    • Create criminal penalties for straw purchases and gun trafficking.

    • Provide approximately $13 billion for school safety, mental health, and crisis intervention programs. (POLITICO, June 24)

Roundtable Response

Roundtable President and CEO Jeffrey DeBoer

  • Roundtable President and CEO Jeffrey DeBoer issued a statement last month in the wake of the recent tragedies in Uvalde, TX and Buffalo, NY, calling for Congress to “set politics aside” and pass legislation to “remove weapons of war from America’s cities and communities.” (Roundtable Weekly, May 27).
  • After Congress passed the Bipartisan Safer Communities Act today, DeBoer stated, “This new law is an important step forward. It is not as strong as many would like, but it does break years of legislative stalemate and should help reduce gun violence and enhance gun safety.”

“We commend Congress for this bipartisan action, and we urge policymakers to continue to focus on common sense ways to reduce crime, address mental illness, and increase safety for all Americans,” DeBoer added.

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Inflation, National Policy Agenda, and CRE Market Conditions Focus of Roundtable Annual Meeting

Posted on by Trey Jackson

2022 Real Estate Roundtable Annual Meeting Audience

The Roundtable’s 2022 Annual Meeting in Washington, DC this week focused on key policy issues affecting the commercial real estate industry—including inflation and interest rates; prospects for a scaled-back Build Back Better (BBB) Act; proposed climate risk disclosure rules; and a new industry Equity, Diversity, and Inclusion initiative.

Policy Focus

DeBoer and Manchin at 2022 Roundtable Annual Meeting

  • Roundtable President and CEO Jeffrey D. DeBoer, left, launched the June 16 business meeting with an overview of The Roundtable’s Policy Agenda and newly released 2022 Annual Report, Building a More Resilient and Dynamic Future. Annual Meeting guests included:
    • Sen. Joe Manchin (D-WV)
      Sen. Manchin, above right, discussed the benefits of a bipartisan approach to legislation and the role of inflation in considering any additional spending bills this year.
    • Sen. John Thune (R-SD)
      Sen. Thune spoke about supply chain issues, aid for Ukraine, the Fed and monetary policy, and the upcoming elections.
    • Rep. Abigail Spanberger (D-VA)
      Rep. Spanberger addressed efforts to produce common-sense gun policy, lower inflationary costs for families and policymaking in the House during the upcoming lame duck session.
    • Jim VandeHeiAxios and Politico co-founder and CEO discussed the current political environment, potential challengers to President Biden, the upcoming congressional elections, and the advantages of delivering news and analysis about today’s policy landscape in an efficient, “smart brevity” style.
    • Jonathan KarlABC New’s Chief Washington Correspondent spoke about the current political environment and the midterm elections.

Supplier Diversity & CRE

Rock Irvin, Chief Commercial Officer, SupplierGATEWAY (left) and Adenuga Solaru Chief Executive Officer (right)

  • The Annual Meeting also included an initiative of The Roundtable’s Equity, Diversity, and Inclusion (ED&I) Committee, chaired by Jeff T. Blau (Chief Executive Officer and a partner of Related Companies).
  • A proposed two-year pilot program was discussed with SupplierGATEWAY—a firm that assists companies interested in hiring Minority- and Women-Business Enterprises (MWBEs) as contractors, service providers, JV partners, and other “vendors” in their “supply chains.” (Photo: SupplierGATEWAY’s Rock Irvin, left, Chief Commercial Officer, with Adenuga Solaru, Chief Executive Officer)
  • The proposed online SupplierGATEWAY portal would support CRE firms interested in accessing a broad and centralized MWBE vendor database, posting hiring opportunities for those contractors, and utilizing tools to assist with corporate ESG reports.
  • SupplierGATEWAY’s executives demonstrated a CRE-specific “prototype” of their MWBE management portal that could be available by the fall for companies who may subscribe to the service. 
  • For more information regarding The Roundtable’s supplier diversity initiative, contact Roundtable Senior Vice President and Counsel, Duane Desiderio (ddesiderio@rer.org).

CRE Markets & Policy Advisory Committees

TPAC Meeting at Annual 2022 Meeting

  • The Roundtable’s Policy Advisory Committee leadership discussed their policy issue activities during the business meeting and referred to a Policy Issues Toolkit for background information on how key issues impact commercial real estate (see Executive Summary). Each committee met in conjunction with the Annual Meeting to address the following:  
    • The Sustainability Policy Advisory Committee (SPAC) focused on a recent Securities and Exchange Commission (SEC) proposed rule that would require registered companies to report on climate-related financial risks. The Roundtable submitted a comment letter to the SEC last week on the proposed rules. (Roundtable Weekly, June 10 and Roundtable comments | SPAC Agenda).
       
    • The Research and Real Estate Capital Policy Advisory Committees (RECPAC) met jointly with Rep. Rep. French Hill (R-AR) to discuss the congressional legislative agenda and capital markets from his perspective as a member of the House Financial Services Committee and Ranking Member of its Subcommittee on Housing, Community Development and Insurance. (Joint RECPAC-Research Agenda)
    • The Tax Policy Advisory Committee (TPAC) drilled down on a Senate proposal to tax unrealized gains associated with appreciated assets, partnership tax rules, like-kind exchanges, Opportunity Zone incentives, and energy-efficiency tax provisions. (TPAC Agenda)
    • The Homeland Security Task Force (HSTF) and Risk Management Working Group (RMWG) met jointly to discuss current threat issues, with presentations by Kevin Vorndran, Deputy Assistant Director, Counterterrorism Division, FBI and Nitin Natarajan, Deputy Director of the Cybersecurity and Infrastructure Security Agency (CISA). (Joint HSTF-RMWG Agenda)

Next on The Roundtable’s calendar is the Sept. 20-21 Fall Meeting (Roundtable-level members only).

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Reconciliation Legislation Talks Grind On

Posted on by Trey Jackson

Sen. Schumer Senate podium stand

PoliticoPro reported today that Senate Majority Leader Chuck Schumer (D-NY), above, and Sen. Joe Manchin (D-WV) are grinding through talks about a scaled-back reconciliation package that may include provisions on climate, deficit reduction, and prescription drug costs.

Discussions & Deadlines

  • The Senators met twice this week to discuss the contours of a potential trimmed-down alternative to the defunct Build Back Better Act before Sept. 30, when current budget protections for a party-line spending bill expire. (PoliticoPro, June 17)
  • The Senate is scheduled to go on a two-week recess after July 24, then return for four weeks before the August recess.
  • PoliticoPro also reported that Schumer is working with the Senate parliamentarian to pave the way for a possible July or August vote on such a bill. Under reconciliation rules, a legislative package would require majority approval in the evenly divided Senate, as Vice President Kamala Harris could potentially cast a tie-breaking vote.
  • Schumer and House Speaker Nancy Pelosi (D-CA) met with President Biden on Wednesday to discuss “their plans for fighting the global problem of inflation that is affecting every major economy, such as bringing down prescription drug and energy costs…” according to a White House read-out.
  • Pelosi commented after the meeting on negotiations about a reconciliation bill. “It’s alive. I’ll just say that.” (The Hill, June 16)

House Dems Push for Senate Progress

U.S. House of Representatives signage

  • On Thursday, 175 Democrats wrote to President Biden asking him to “reach a deal and sign into law as swiftly as possible a revised reconciliation package that includes the climate investments” previously passed by the House.” (E&E News, June 17)
  • The House Democrats warned “the window to achieve a deal is rapidly closing, and so time is of the essence.”  (CQ, June 16)
  • In May, discussions between Schumer and Manchin were reportedly addressing a pared-down package involving $800 million to $1 trillion in revenue from a new minimum tax on large company profits and increased IRS enforcement. Half of these revenues would go to deficit reduction. (Wall Street Journal, May 28 and Axios, May 27)

The most significant portion of the moribund BBB Act’s proposed spending was focused on climate policies. The Roundtable on Nov. 16, 2021 sent a letter to congressional tax writers detailing five recommendations on green energy tax provisions affecting real estate that were part of the BBB Act. (Roundtable Weekly, Nov. 19, 2021) 

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Senate Republicans Propose Middle-Class Tax Relief, Financed by SALT Cap Extension

Posted on by Trey Jackson

Capitol dome side flag overcast

Congressional Republicans this week proposed legislative measures—aimed at helping middle-class savers and spurring investment without further increasing inflation—as a precursor of GOP economic policies that may be promoted during the fall’s midterm elections. Senate and House announcements on inflation followed last week’s Labor Department report showing the consumer price index reached 8.6 percent in May. In response, the Federal Reserve raised interest rates  by 75 basis points, its largest hike since 1994. (Wall Street Journal and Tax Notes, June 14 | CNBC, June 15) 

Senate GOP Proposal 

  • This week, Sens. Chuck Grassley (R-IA), John Barrasso (R-WY), Steve Daines (R-MT), and James Lankford (R-OK) introduced the Middle-Class Savings and Investment Act.  The legislation aims to help the middle class through tax cuts and savings incentives, paid for by extending the current $10,000 cap on the deduction for state and local taxes. (Sen. Grassley news release, June 14) 
  • The Republican-introduced bill would:
    • Expand the Zero Rate Bracket for Capital Gains and Dividend IncomeThe legislation would increase the size of the zero percent tax bracket for long-term capital gains and qualified dividends. Under the proposal, a married couple with income under $178,000 would not owe tax on capital gains and dividend income. 
    • Provide Relief from the Net Investment Tax for a Married CoupleThe legislation would exempt the first $400,000 earned by a married couple from the 3.8 percent net investment income tax that otherwise applies to capital gains, dividends, and passive rental income. Currently, the first $200,000 earned by an individual and $250,000 earned by a married couple is exempt from the tax. 
    • Create and Expand Tax Relief for Interest Income and Retirement SavingsThe legislation would allow individuals to exclude up to $300 ($600 if married) of interest income from taxation. Additionally, the bill would expand the tax credit that encourages low-income taxpayers to contribute to a qualified retirement account. (Backgrounder on the Senate legislation)
  • The bill would be paid for by extending the current $10,000 cap on the deductibility of state and local taxes for three years, or however long is needed. The deduction is scheduled to expire at the end of 2025.  

House Republican Outline 

R Ways and Means Brady graphic

  • On June 14, House Ways and Means Committee Republicans released a one-page document outlining a six-point plan to combat inflation. The GOP calls for repurposing $170 billion in unspent pandemic federal aid for deficit reduction while pursuing permanent tax relief. The list of principles also urges policymakers to reject the Biden administration’s proposed overhaul of the tax code affecting corporations and wealthy individuals. (BGov, June 15)
  • The proposals to fight inflation by congressional Republicans seek to provide a contrast to the approach by Democrats, which includes cutting prescription drug costs and increasing taxes on oil company profits. (PoliticoPro, June 14) 

The Roundtable’s Tax Policy Advisory Committee (TPAC) met today in conjunction with The Roundtable’s 2022 Annual Meeting to discuss policy issues affecting the taxation of commercial real estate. (See story above). 

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