In response to recent congressional
passage of the JOBS tax bill, which includes a $358 million tax cut for
architecture and engineering firms, a number of AIA members have submitted
questions to the AIA Government Advocacy Team. Team Vice President Ron
Faucheux supplies some specific answers.
Q. Does the new tax bill classify architects as manufacturers?
A. No. The tax cut for architects and engineers appears in a section
of the bill separate from those that relate to manufacturers.
Q. I have a concern about the rising federal budget deficit. If architects
had not been given this new tax break, what would have happened to the
money? Would it have been used to lower the deficit?
A. If architects and engineers had not been included in the tax cut,
the money saved would not likely have been used to lower the federal
deficit. Because of the way the bill was structured and amendments managed,
every new tax cut had to be paid for by a revenue offset. Many of the
tax cuts in the bill were paid for by a variety of revenue raising measures
(see below). So, if architects and engineers hadn’t lobbied for
and won the $358 million tax cut, that money would have likely been used
to finance the continuation of corporate tax shelters, such as the one
that relates to personal use of corporate jets, which was eliminated
in the Senate as part of the effort to finance the A/E tax cut.
Rest assured that if architects had not gotten a tax cut, the money
would have gone to other businesses and industries. It would not have
gone to reducing the federal budget deficit.
Q. Congressional sponsors of the
tax bill say it is “revenue neutral.” What
does that mean?
A. It’s the same issue. It means that the bill’s new tax
cuts, such as the $358 million break that architecture and engineering
firms will receive over 10 years, do not add to the federal budget deficit.
That’s because the bill’s tax cuts are paid for by a number
of revenue raising measures such as:
- Repealing the $50 billion export
tax break (which was done in compliance with World Trade Organization
rules)
- Eliminating $60 billion in tax shelters and tax avoidance practices
- Raising
$19 billion from Customs’ user fees
- Deriving $6 billion from reclassifying
an ethanol tax break from an excise tax to an income tax.
Q. I’ve read that
the tax bill was loaded with special interest provisions for everything
from ceiling-fan importers to film producers, from real-estate trusts
to income averaging for fishermen. In lobbying for the tax cut for
architects and engineers, did the AIA also support these other provisions?
A. No. The only three things the AIA supported were:
- Inclusion of architects
and engineers in the tax cuts
- Extending the tax cuts to all A/E firms
(sole proprietorships, partnerships, S corporations, and LLCs)
in addition to C corporations
- Deleting the provision of the bill that would have
eliminated the 10 percent historic rehabilitation tax credit.
The AIA was successful on all three issues.
The way lawmaking on Capitol Hill now works, Congress passes fewer bills,
but the bills they do pass often include a wide range of unrelated provisions.
This process makes it very difficult for members of Congress to cast
votes on final passage of bills that often include some provisions they
support and some they oppose.
The AIA only lobbied for amendments that directly affected architecture
firms and historic preservation and did not lobby for final passage of
the overall bill or for any of the other provisions mentioned.
Q. Why does the tax relief apply only to gross receipts from A/E services
performed in the U.S. for construction in the U.S.?
A. During the debate on the bill in the House, some Democrats, led by
N.Y. Rep. Charles Rangel, opposed tax cuts for A/E firms out of fear
that it would give Halliburton a special tax break for their operations
in Iraq. That criticism continued in the Senate. The exclusion of work
for projects overseas was added to address this criticism.
Copyright 2004 The American Institute of Architects.
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