A picture of Senator Sheldon Whitehouse
Sheldon W.
Democrat RI

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  • Legislative Session

    by Senator Sheldon Whitehouse

    Posted on 2014-12-16

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    WHITEHOUSE. Mr. President, the Senate will likely pass legislation to extend several dozen expired tax provisions. While I support a number of the individual provisions extended by this bill, I rise today to explain why I reluctantly plan to oppose it.



    The so-called ``tax extenders'' package includes the 1-year extension of a hodgepodge of over 4 dozen tax provisions. This extension is not for the year ahead of us, as one might reasonably expect, but rather for the year that's mostly past us. In other words, we will be extending for 2014 tax programs that expired at the end of 2013. This means that, for the most part, the bill will offer credits and deductions to reward things that have already happened while doing absolutely nothing to help businesses and individuals plan for the future.

    If tax policy is intended to influence behavior, the extenders bill is a double failure: it spends money rewarding things that have already happened and offers no incentives for businesses and individuals for the year ahead.

    Let's take for example the production tax credit for wind energy, a program I strongly support that encourages the construction of wind farms. The provision in the extenders bill offers this incentive for properties for which construction has commenced by the end of 2014. That's 3 weeks from now. Instead of giving energy companies time to plan and prepare wind projects, we are saying: if you happen to have one ready to go, you have got until the end of the holiday season to break ground. The clock is ticking.

    In contrast to Congress's temporary, year-to-year treatment of the wind tax credit and other incentives for renewable energy, Big Oil and Gas enjoy permanent subsidies in the Tax Code. It is long past time to reform the Tax Code so it reflects America's 21st century energy priorities. Permanent incentives for oil and gas and temporary programs for renewable energy is simply upside-down public policy.

    In total, there are 50 or so extensions in this bill, and the only thing they seem to have in common is that Congress repeatedly packages them together. It is truly a mix of the good, the bad, and the ugly. Let's start with some of the good provisions. In addition to clean energy incentives, the bill extends a popular tax credit that encourages businesses to hire veterans, a host of incentives for energy efficiency, and a provision that ensures that families that lose their homes in foreclosure do not incur tax bills for the deficiencies. These provisions have strong bipartisan support.

    Then there is the bad: the unjustifiable tax giveaways. These include so-called ``bonus depreciation,'' a program that allows corporations to deduct the costs of equipment right away instead of spreading out the deductions over the life of the equipment. Congress first included this provision in 2009 in the Recovery Act when it made some sense. The idea was to encourage businesses to accelerate their purchases when the economy most needed the investments. We have extended it so many times, though, that now we are just giving money away to corporations for buying things they would have bought anyway. That is a nice subsidy for the businesses, but not a wise use of taxpayer dollars.

    The bill also includes tax giveaways for NASCAR tracks and racehorses. While I know these sports are popular, it is hard to justify subsidizing them with taxpayer dollars at a time when we are running large deficits and face the prospect of more budget sequestration.

    And then there is the ugly, the stuff that does actual harm. There is a pair of provisions in the bill--the ``active financing'' and ``controlled foreign corporation look through'' provisions--that reward U.S. corporations for shifting money overseas to avoid paying taxes. Sadly, there are already a number of provisions in the Tax Code that encourage companies to move operations and assets overseas. We should repeal those provisions, not enhance them as the extenders bill does.

    This 1-year, retroactive mixed bag of extensions will increase the budget deficit by over $41 billion. To put that figure into perspective, that is more than the annual budget for the entire Department of Homeland Security.

    Earlier this year, my senior Senator from Rhode Island, Jack Reed, lead an effort to extend unemployment benefits for the millions of Americans who have struggled to find work in this uneven economic recovery. Republicans repeatedly filibustered his unemployment insurance legislation, with many citing the $17 billion price tag and the offsets included to pay for it.

    I expect many of these same Republicans will vote to pass the $41 billion tax extenders bill, legislation which is not offset and will add to the deficit. If Republicans are truly as worried about the deficit as many of them claim to be, they need to raise these concerns consistently and not forget them when it is convenient. Spending through the Tax Code is still spending, and we should offset it.

    Mr. President, next year this body will have new leadership and a fresh opportunity to tackle our Nation's problems. I hope Senate Republicans will show us they can exercise the power of being in the majority responsibly. President Obama says he is eager to work with the Republican majority on several major bills including tax reform. I too am eager to work with Republicans on sensible, responsible tax reform-- reform that ends the era of year-to-year extensions, eliminates wasteful tax spending, and decreases the deficit.

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