Tax Cuts And Jobs Act--Continued
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that there now be 30 minutes equally divided for debate only, with no amendments or motions in order and with…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent that there now be 30 minutes equally divided for debate only, with no amendments or motions in order and with the majority leader being recognized at the conclusion of that time.
Mr. President, this is a big day because we are about to provide tax relief to millions of people in Ohio and around the country--middle-class tax cuts, doubling the standard deduction, doubling the child tax credit, lower rates for people in every bracket. In my home State of Ohio, we have the opportunity to see people who are making $50,000 a year, with two kids, see a 26-percent tax cut. That is important.
My colleague just talked about his concern about some of the provisions that are before us. I will say, these have all been filed. That doesn't always happen around here, and it should. These have all been filed, and people can go on rpc.senate.gov. These were made public. Nothing is on this list that hasn't been filed publicly.
Just looking at it, the biggest one that my colleague talked about as being something to help rich people is the deduction for property taxes. It is capped at $10,000. There is a deduction for allowing people to deduct their property taxes, which is incredibly important for middle-class families around the country. Some people on the other side want to go much further and provide much larger deductions and make those for State and local taxes.
By the way, their proposal would go primarily to upper income people, the proposal they have. That benefit goes primarily to those who are making higher incomes. How is it paid? It is a $10,000 deduction for property tax. It is paid for by exactly the provision my colleague from Oregon just complained about because he said he wanted to be sure people had to pay an alternative minimum tax, and that alternative minimum tax is being used to pay for this middle-class tax cut we are talking about. Anyway, that is the biggest item by far.
The second biggest item is for the passthrough companies. These are the smaller businesses in America, and it is to try to have some more parity between the passthrough companies and the so-called C corporations. Again, that is something that is really important to small businesses in my home State of Ohio and around the country.
I encourage him to take a look. All of these have been filed. He can look at them now or he can go online, as any citizen can, and take a look at these things. I would say that at the end of the day, I know we had a difference of opinion on whether there should be tax cuts, but we think tax relief is appropriate right now. We think the middle-class families who have not seen an increase in their wages, not just for the last few years but the last couple of decades, need a little help. Their expenses have not gone down. They have gone up. Wages have been flat. That middle-class squeeze is addressed through these tax cuts--on average, about $2,375 for an Ohio median-income family. That is important.
People who are working paycheck to paycheck will find this to be incredibly important. Maybe they can put a little more money aside for retirement. Maybe it can help with their healthcare costs, which have gone up
dramatically as wages have been flat. Maybe they can help people be able to buy a car or to make a car payment if they already have a car. These are real tax cuts. They are going to help middle-class families. Again, I hope my colleagues will look at some of these changes, like the $10,000 deduction for property taxes paid for with the alternative minimum tax changes and help us be able to make this legislation even more generous for folks in the middle class, as they say they are for.
With that, I would like to ask my colleague from South Carolina, who has been very involved in the child tax credit, ensuring we have a reduction of the brackets, if he would have a few comments on those.
I thank my colleague.
I yield back.
Mr. President, I wish I could convince my friend from Michigan--and she is my friend--about the $4,000 per family that would come from the pro-growth policies here, many of which she supports. She wants her businesses to be competitive, and they are not now. It is an outrage that our companies have to use a tax code that puts the workers in those companies in a disadvantageous position every day. It is not just about inversions, and it is not just about companies getting taken over.
By the way, last year, three times as many American companies were taken over by foreign companies as the other way around. Over the last 13 years, 4,700 companies became foreign companies that would today be U.S. companies if this tax bill had been in place. I mean, it is happening. They are taking their jobs and investments with them when they go overseas.
We have to fix that problem. It has been bipartisan. There has never been a partisan issue about that. That is where a lot of that $4,000 comes from. It comes from the fact that you are going to have more investment and therefore higher productivity, and workers are going to have a chance to see higher wages.
The Congressional Budget Office did a study in which they showed that 70 percent of the benefit of lowering the business rate goes to workers in terms of higher wages and higher benefits. Others say it is less than that. Others say it is more than that. Kevin Hassett, who is the Chairman of the Council of Economic Advisers, says that it is more than that. But that is where the $4,000 comes from. I hope it is a lot more than that, but it is on top of the middle-class tax cuts that are very direct.
In other words, that is not just saying that we are going to have a better economy, which I believe we will--and I strongly believe we can improve a broken tax code, as I think everybody does, to make it better for American workers--but beyond that, you have the immediate tax relief, and that is what we have been talking about.
This is the doubling of the standard deduction, the doubling of the child tax credit, the lowering of the tax rates.
My friend from Pennsylvania just talked about the fact that 20 percent of the people between $50,000 and $75,000--I am not sure where his data was coming from, but let's take it as true--have a small tax cut or a tax increase, and 17 percent between $75,000 and $100,000 are in that category. That means 80 percent of the people in that category have a big tax cut, in the one category, and 83 percent in the other category have a big tax cut. So, yes, a small tax cut--I don't know how many have a small tax cut and how many have a tax increase, but the vast majority of middle-class families, according to what my colleague from Pennsylvania just said, are going to get a big tax cut. I don't know what is wrong with that. That is $2,375, on average, for a median- income family in Ohio.
By the way, economists say that it not only creates the opportunity for people to have a little better family budget through the direct tax cuts but also, of course, more jobs.
Here is something interesting. Over the past couple of days, a letter came in from 137 economists--many of them nationally known--who support this legislation. This is what they say: Economic growth will accelerate if this legislation passes, leading to more jobs, higher wages, and a better standard of living for the American people. They say that there will be significantly more resources coming into the Federal Government because of this, because of the growth. They think that there will be $1 trillion more revenue coming in because of this, because of the growth. They also think that there will be additional jobs--the Tax Foundation says 1 million new jobs.
So, yes, I do believe it will be $4,000 per family, but on top of that, I believe that they are going to have a very direct benefit. I know they will because the statistics are there--my colleague from Pennsylvania just acknowledged it--that the vast majority of middle- class families are going to see a substantial tax cut.
Let me give you a number. For a family with two kids, making $50,000 a year, it is a 36-percent tax cut, on average. That matters. That helps people who are trying to make ends meet. It is real both in terms of the direct tax cuts and in terms of the economic growth and the higher wages that are going to come with that, and that is so important to all of the families we represent.
We have had a good discussion here. I see that my colleague from Connecticut is here and would like to speak, and others, I am sure, are going to want to speak.
I would ask my colleague from Oregon if he would be willing to have another unanimous consent that there be additional time equally divided.
Mr. President, I ask unanimous consent that there now be 30 minutes, equally divided, for debate only, with no amendments or motions in order and with the majority leader or his designee being recognized at the conclusion of that time.
I yield the floor.
Mr. President, again, we have had some interesting dialogue back and forth. Earlier, my colleague from Connecticut was talking about how this isn't real middle-class tax relief, and then he lamented the fact that because of the arcane budget rules we have around here, after 10 years, all these great tax cuts expire. So you kind of have it both ways there, and I don't think you can do that, which is that there aren't real tax cuts but then, when they expire, it is the greatest shame because they are great tax cuts.
Here is the reality. There are significant tax cuts here for the middle class. This legislation doubles the standard deduction. Probably about two-thirds of the people I am talking to tonight already take the standard deduction. Now we will have about 95 percent of people who will take it, and everyone who takes it will be able to, instead of getting $12,000 a family, get $24,000 a family, greatly expanding that. By the way, there is a zero tax bracket, meaning people who don't have any income tax liability. That means a lot to people I represent who are living paycheck to paycheck, having a tough time making ends meet.
Also, as a result of this, and the other tax relief, about 3 million Americans who now pay income tax are going to fall off the tax rolls. They are no longer going to have income tax liability. That is really meaningful to people. It also doubles the child tax credit. We talked a little bit about that today. It also increases the refundability a little. But importantly, it helps to ensure that families have the ability to help make ends meet when they are trying to raise kids--the most important thing you can do--and it lowers tax rates. That combination means that you have the kind of tax relief we are talking about.
So a family who makes $50,000 a year and has two kids gets a 36- percent tax cut. A family who makes $85,000 a year and has two kids gets a 20-percent tax cut. If you make $165,000 a year and have two kids, you get an 8-percent tax cut. So the benefit is focused more on those who are at the lower end of the economic scale, and I think that is appropriate.
So it is middle-class tax relief, but here is how it works. As to the share of Federal taxes paid in 2019, which is a year after this is implemented--it starts right away, by the way, so middle-class families are going to get that relief right away--the current is in the red, and then our proposal is in the blue.
So if you make zero to $20,000, it is very unlikely that you have income tax liability, but some families do and the average is 0.1 percent. If you make $20,000 to $50,000 a year, your share of the Federal taxes goes down in our bill from 4.3 percent to 4.1 percent. If you make $50,000 to $100,000 a year, your share of the Federal taxes goes from 16.9 percent to 16.7 percent. If you make $100,000 or above, your share goes not down but up, from 78.7 percent to 78.9 percent. The top percent of wage earners in this country, the top 10 percent, pay approximately 70 percent of the income taxes right now. After our bill is passed and implemented, they will pay more than 70 percent. So it is a progressive tax cut in the sense that the benefit is focused more on middle-class families who really need the help. That is what the legislation does.
Then, in addition to that, in responding to my colleagues who were talking whether there is any economic growth that comes from this, yes, there is a lot of economic growth because the current code is so bad. It is broken. My colleague from Oregon, who is the ranking member, agrees with that. He has a different solution as to how you get there, but he has been a leader on tax reform for that very reason. The current code is actually putting our workers at a disadvantage, making our families have to go through a great complicated process even to file their taxes. More than half of taxpayers now have to use a tax preparer. That is terrible.
So this legislation does also provide economic growth by taking that Tax Code, which has this perverse effect of actually telling U.S. companies that it is better that they have workers overseas and take their investment overseas or even become a foreign company--the 4,700 companies that are foreign companies today became foreign companies over the last 13 years because we didn't have this Tax Code in place. That is based on an Ernst & Young study. I encourage folks to take a look at it. It basically makes the point that because of a broken Tax Code, it is advantageous for U.S. companies to take their jobs and investment overseas. That makes no sense.
Foreign companies can pay a premium for U.S. companies because of our Tax Code. We have the highest business tax rate in the industrialized world, and we have an international system that encourages people to go overseas and keep their money overseas. That is crazy. This proposal changes all of that. It says: Let's get our rate down below the average of the other industrialized countries, and then let's have an international system that actually encourages them to bring the money back and create more jobs here.
In fact, Mr. President, I will say something else. I know you are interested in this. It also encourages foreign investment in this country, because if you are a foreign auto company--and you have a bunch in your State of Tennessee--and your decision is that am I going to invest in Japan, where they might be headquartered, or am I going to invest in China, where they might have a factory, or am I going to invest in Germany, where they might a factory, or am I going to invest in the United States of America and maybe in Tennessee, this bill will make it more advantageous for them to make their investment here and to create the jobs here because of the lower tax rate and because of the expensing when they go out to buy new equipment and technology to make their workers more productive.
So this is going to help American companies a lot to be able to compete globally. It levels the playing field, which is very important. It has been bipartisan up to now--very bipartisan. We had a working group on this, among five bipartisan working groups that were established 2 years ago, that studied this issue. We came up with the solution that you have to get the rate below the average and you have to go through the kind of system we are talking about. It was totally bipartisan. Democrats and Republicans alike agreed to it because it just makes so much sense for the American worker. They are the ones getting the short end of the stick right now. They are the ones who are told: You go out there and compete, but do it with one hand tied behind your back.
We need to give them the tools to be able to succeed, and that is what this legislation does. Yes, that is going to result in middle- class families getting benefits well beyond, in my view, the direct tax cuts we talked about earlier because it is going to enable them to be able to get the higher wages and the better jobs, and that is why some economists have said it is $4,000 a family. Some have said it is more. Many Democrats think it is less. But there will be a benefit to these families. Remember, these companies we are talking about, the C corporations, they employ more than half of the American private workforce. They are competing every day in these global marketplaces. We want them to win. We want our workers to win because we want them to be able to have those higher wages and better benefits.
We have spent 2 decades with relatively weak economic growth and,
therefore, relatively flat wages. In fact, on an inflation-adjusted basis, if you look back over the last 15 years, there hasn't been any wage growth. There have been higher expenses, especially healthcare, and those healthcare costs and tuition costs for those who want to send their kids to school, or other costs--food and energy--have all gone up. Wages have been flat. That is a middle-class squeeze, and that is what this middle-class tax relief helps to address. Importantly, that is what this pro-growth part helps to address because you are going to see higher wages, and you are going to see better benefits if you give this kind of tax relief to the American worker because you are going to see more investment, you are going to see more productivity that comes from that, and you are going to see higher wages.
I believe that, but what I believe isn't as important as what others believe. So 137 economists, many of these are nationally known economists, have looked at the pro-growth parts of this legislation-- the parts I am talking about that make us competitive again--and they have said that economic growth will accelerate if this legislation passes, leading to more jobs, higher wages, and a better standard of living for the American people. They say there will be a million new jobs in this country just because of this. I think that is really important, as important as the tax cuts are for the middle class--and they are important. Again, those tax cuts primarily go to folks who are in the middle class and that is appropriate. Equally important to me is to get this economy moving in a way that people can have the opportunity to get those higher wages and better benefits.
The Congressional Budget Office did a study. It showed that 70 percent of the benefit of getting that corporate tax rate down is going to go to workers in terms of salaries and benefits. Some say it is less than that. Some say it is more than that. Kevin Hassett, who is the chairman of the Council of Economic Advisers, says it is more than that. The point is that it is going to help these workers, and it is about time that we help them.
There has been a lot of discussion about the process here tonight, and I understand the frustration. As a Member of the Senate, sometimes I feel that frustration as well. But I will say that this legislation, H.R. 1, which is the vast majority of the papers that were held up a moment ago--this is the legislation that came out of committee; it is the vast majority of the pages--has been on this website called budget.senate.gov and has been public since Saturday, November 26. So it has been out there awhile for Members to look at.
Every single one of these amendments that are part of the manager's amendment that was talked about tonight has been publicly filed, and I think that is good. We required that Members have to file an amendment and make it public. People can go on rpc.senate.gov and see all of those amendments, and I think that is appropriate.
I would hope that, as we go through this process tonight and we talk about this legislation, we can express our differences, which we will, but that we can also stick to the facts, which is that this does provide middle-class tax cuts. Again, as to those who have said earlier that there are no real tax cuts, but then when it expires in 10 years say: Well, gosh, these big tax cuts are gone, you can't have it both ways. There are tax cuts. Maybe people think there should be different kinds of tax cuts, but they are there.
Second, there is the economic growth element of this, which to me is so important. We are not going to be able to have a growing economy and have opportunity and, frankly, be in a position as a country to be able to address some of our broader problems unless we have the growth and the optimism that comes with that, and that is why I think the economic growth parts of this are equally important. Again, that has been bipartisan in the past, and I hope it can be bipartisan in the future. I hope we will be able, as a Senate tonight, to pass this legislation and then continue to work on these issues, not just in terms of tax reform but making our economy and our workers more competitive because that, in the end, is going to be the ability to give people the chance for themselves and their kids and grandkids to have a better life.
I see my colleague from Pennsylvania is on the floor, and I know my colleague from Oregon may have another speaker.
I yield the floor at this time.
Mr. President, I see my colleague from Oregon has some other speakers. I know he would like to speak, I am sure.
I ask unanimous consent that there now be 30 minutes, equally divided, for debate only, with no amendments or motions in order, and with the majority leader being recognized at the conclusion of that time.
Mr. President, first of all, I was referring specifically to a CBO report earlier, and the Senator talked about the Joint Committee on Taxation. We may have different views on that. It wasn't my belief I was expressing; it was me talking about the Congressional Budget Office's report. My understanding is that tonight the entire bill will be online, No. 1.
Second, the analysis is necessary to ensure that it fits into the reconciliation instructions.
Will the Senator yield?
Good news--you will be glad to hear those tax cuts continue. If your family is making $50,000, two kids, you will see a 36-percent tax cut. If you are making $165,000 a year, two
kids, you will get less of a percent--an 8-percent tax cut. That is all included in the legislation.
The big change, as we talked about earlier--and I know you have it in front of you--is that there is now this deduction for property taxes. It is a $10,000 cap on that deduction. As you know, if you look at the entire SALT, which are the State and local taxes and property taxes, about 50 percent of that benefit goes to families making over $200,000 a year. In this one, the property taxes capped at $10,000 will be much more targeted to the middle class.
I think it is fair to say to my colleague from Oregon that he will see more middle-class tax relief from that, and that will be something that will help middle-class families.
There is no change in terms of those tax cuts because those brackets--the reduction of the tax rates, doubling of the standard deduction, the doubling of the child credit--are all in the legislation.
Mr. President, I rise today to engage in a colloquy with the distinguished chairman of the Senate Finance Committee, Senator Hatch.
Mr. Chairman, I would like to clarify a point in connection with the application of the base erosion anti-abuse tax in the Tax Cuts and Jobs act to services companies. The act provides an exception from the base erosion anti-abuse tax for services. The act limits the exception to the ``total services cost with no markup.'' As a practical matter, companies account for amounts paid or accrued for services in a variety of ways. I would like to clarify that, if in a transaction a company used one account for services cost with no markup and another account for any additional amounts paid or accrued, that the first account would be subject to the exception under the bill.
The act also excludes an amount paid or incurred for services if those services meet the requirements for the services cost method under Internal Revenue Code section 482, excluding the requirement that the services not contribute significantly to fundamental risks of business success or failure.
Is it the intent that, for this purpose, that the business judgment rule under current law and regulations will not prevent an amount from being excluded under the act?
I thank the chairman for that clarification and appreciate his outstanding leadership and work on this historic tax reform measure.