Government Shutdown
Government Shutdown Begins as Funding Lapses - Natalie Andrews and Lindsay Ellis, Wall Street Journal:
Senate lawmakers failed on Tuesday evening to agree to a measure to fund the government amid deep divisions between the parties. Republicans can’t pass a funding plan without some Democratic support.
Republicans put forward a seven-week stopgap bill to keep the government funded, arguing that it would buy lawmakers time to hash out their differences and craft full-year spending bills. Democrats opposed the measure, calling for restoring hundreds of billions of dollars in healthcare funding, including enhanced Affordable Care Act subsidies that expire this year.
In an interesting development, two additional Senate Democrats voted for the GOP CR on Tuesday night, bringing that total to three. Sens. Catherine Cortez Masto (D-Nev.) and Angus King (I-Maine) crossed the aisle to vote yes, along with Sen. John Fetterman (D-Pa.). Both funding bills will come back up today.
One of the most important factors to look at during a shutdown isn’t just how you get into one, but how you plan to get out. And that’s where we want to focus this morning — what to expect next, and what might shift the incentives or momentum in this process.
5 takeaways as a government shutdown begins - Niall Stange, The Hill:
One sliver of hope for a resolution is that there are a small number of Republicans who seem to be open to some version of the key Democratic demand — the extension of enhanced subsidies for enrollees under the Affordable Care Act.
There could be seeds of a compromise there. But it will take a while, if ever, before they flower.
IRS to Remain Open
What’s affected by the government shutdown - Hannah Natanson, Clara Ence Morse, Luis Melgar, and Jake Spring, Washington Post:
Tax processing should also be unaffected, because the Internal Revenue Service has an alternate source of funding: the Inflation Reduction Act, enacted under President Joe Biden in 2022, which gives the IRS money to keep operating through 2031.
IRS Would Continue Operations Under Shutdown Plan - Asha Glover, Law 360 Tax Authority ($):
Nearly 74,300 employees would remain on paid status, according to the report. The plan describes actions and activities for the first 5 business days following a lapse in appropriations, according to the report.
More on Capitol Hill
Some Democrats Want to Upsize Trump’s New Tax Cuts - Richard Rubin, Wall Street Journal:
In bills introduced since the Trump signed the Republicans’ sprawling tax-and-spending legislation on July 4, Democrats are proposing to eliminate some of the GOP’s restrictions on the targeted tax breaks.
Under one proposal, “no tax on tips” would cover automatic gratuities, which now don’t qualify. Another bill would extend the “no tax on overtime” deduction to union workers, airline employees and others excluded by the current definition. A different piece of legislation would remove income taxes from Social Security benefits, effectively enlarging the new deduction for seniors that Republicans created and capped at $6,000 per person.
Opportunity Zones
Treasury, IRS provide guidance for Opportunity Zone investments in rural areas under the One, Big, Beautiful Bill - IRS:
Notice 2025-50 PDF provides clarification on two important One, Big, Beautiful Bill provisions: the definition of “rural area” and the application of the substantial improvement threshold for certain improvements to property located in a QOZ that is comprised entirely of a rural area.
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Notice 2025-50 applies to all tangible property located in a QOZ that is comprised entirely of a rural area on or after July 4, 2025, and that has been, or is in the process of being, substantially improved. The Treasury Department and the IRS intend to issue future guidance on the forthcoming round of opportunity zones authorized by the OBBB, including the nomination and designation procedures.
Tariffs
Trump Orders Lumber, Furniture Tariffs To Begin Oct. 14 - Dylan Moroses, Law 360 Tax Authority ($):
Imported softwood lumber will be subject to a 10% tariff, while upholstered wood products entering the U.S., such as furniture, will face a 25% tariff, as will imported kitchen cabinets and bathroom vanities beginning Oct. 14, according to the order.
EV Credit
Automakers Brace for EV Sales Plunge After Tax Credit Expires - Ryan Felton and Christopher Otts, Wall Street Journal:
The EV credit, which expired Tuesday, has lifted battery-powered car sales for years. Without it, Ford Chief Executive Jim Farley predicted, EV market share will fall by more than half to between 4% and 5% of total sales by the end of the year.
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Ford and GM said Tuesday they would both keep incentivizing battery-powered car sales to help contain the fallout of the credit ending. A GM spokesman said the company is working with dealers on a way to extend the $7,500 credit for leases for an unspecified time. Reuters reported Monday that the automakers were signing up dealers for programs that would effectively extend the credit.
The $7,500 EV Tax Credit Gone Is Gone. Who Will Bear The Higher Costs? - Nathan Goldman, Forbes:
The notion that EV manufacturers will need to decide between decreased demand and decreased profit margin suggests that the automobile manufacturers will take a hit to their earnings one way or another due to the disappearing EV tax credit. Put differently, if demand declines because the price is now higher (without a corresponding increase in after-tax earnings) then earnings will fall. Conversely, if the automobile manufacturers absorb the costs, then their profit margins will also decline. What is key for these companies is that they balance out the tax incidence of the reduced tax incentives.
Corporate AMT Proposed Regs
IRS To Rework Corporate AMT Proposed Regs - Kat Lucero, Law 360 Tax Authority ($):
The IRS will partially revoke proposed regulations introduced in September 2024 and replace them with new rules that aim to "reduce the compliance burdens and costs associated" with applying the levy to domestic corporate transactions, troubled companies and tax consolidated groups, the agency said in Notice 2025-46.
Treasury Revamps Corporate AMT Interim Guidance - Chandra Wallace, Tax Notes ($):
According to the notice, once final regulations for the corporate AMT are published, no corresponding part of the 2024 proposed regulations or of any forthcoming proposed regulations will apply for tax years prior to final publication.
Before publication of final regs, however, taxpayers generally may rely on the proposed rules as modified by interim guidance, the notice provides.
Blogs and Bits
IRS announces new relief for eligible taxpayers affected by ongoing events in Israel: due dates for eligible returns and payments may be postponed to Sept. 30, 2026; additional relief may be available - IRS:
Tax Trouble
The government had originally sought to hold the family accountable for what the government alleged were multiple tax schemes carried out by Defendant and his two adult children. Under that agreement, issued in September 2023, Defendant agreed to a $63.2 million judgment, much of which the government said stemmed from his distribution of more than $40 million of his father's estate's assets to himself and others without first paying taxes.
The government's original complaint said Defendant's taxes amounted to over $88 million once penalties and interest were included. Defendant lived his final years under audit before dying in late 2008, and the complaint said he engineered "a series of sham transactions" designed to avoid the IRS and other creditors — a sham the government said his children perpetuated.
What day is it?
In the same week as National Coffee day, today is International Coffee Day!