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By John Manganaro
With Republicans poised to take control of the White House and Congress, the odds are high that key elements of the 2017 Tax Cuts and Jobs Act set to expire at the end of 2025 will in fact be extended — potentially for the better part of the next decade.
Still, given the relatively narrow majorities expected in both the House and the Senate, the exact path forward for tax reform and broader federal budget negotiations also includes some unknowns.
Could a fight over the state and local tax deduction cap split Republicans? Will changes to Social Security taxes be part of the process? What about the pledged elimination of taxes on tips and overtime?
Those questions all remain open, according to a webcast by Anna Tylor and Jonathan Traub, two Washington-based tax policy experts with Deloitte. Adding to the uncertainty is the scale (and commensurate price tag) of the many policy pledges made on the campaign trail by Donald Trump, the president-elect.
Simply put, some tax cuts or immigration policy priorities will have to be deprioritized if Republican leadership hopes to avoid dramatically expanding the deficit.
Probably the likeliest path forward, according to Taylor and Traub, is a reconciliation-based process that will allow Republican leaders to move relatively quickly on a “core TCJA extension” while avoiding a filibuster threat in the Senate.
This pathway could deliver tax policy success for Republicans during the first half of 2025 — potentially as soon as March in their best-case scenario — but also narrow the scope of what can be accomplished. That’s because the Congressional Budget and Impoundment Control Act limits the use of reconciliation in some key ways.
“For example, because of the way the rules work, the president would very likely be unable to achieve his goal of eliminating taxes on Social Security benefits within a package that depended on reconciliation,” Taylor said. “But the core provisions of the TCJA are all fair game.”
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