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NLBMDA Member Alert:
One, Big, Beautiful Bill Reaches Next Phase in the Senate, NLBMDA Breaks It Down
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While the road ahead remains long for Congress’ sweeping reconciliation bill that includes tax reform, a debt limit increase, national security funding, and a variety of other GOP priorities, Congress has taken the next step with the Senate Finance Committee releasing a 594 page tax bill that conflicts with many of the tax provisions agreed to by the House.
Last month, NLBMDA recapped the provisions supported by NLBMDA contained in the House bill that would impact the LBM industry. Once the House passed its bill on May 22nd, NLBMDA shifted its outreach to the Senate and began advocating for the strengthening of many of the provisions proposed by the House. As we’ll break down below, the Senate has strengthened many of the provisions backed by NLBMDA. It worth noting that the Senate’s bill is far from final. However, the Senate’s tax package reflects largely positive momentum for provisions being advocated for by NLBMDA on behalf of the LBM industry.
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Full Expensing (100% Bonus Depreciation)
One of the most significant provisions for LBM dealers in the 2017 Tax Cuts and Jobs Act (TCJA) was the establishment of 100% bonus depreciation for qualified property placed into service between 2017 and 2026. The provision significantly reduces a business’s tax liability in the purchase year. Beginning in 2022, 100% bonus deprecation began a 5-year phase out with the bonus percentage decreasing by 20% each year.
House Version:
H.R. 1 retroactively reinstates 100% bonus depreciation for qualified property placed in service after January 19th, 2025. Under the bill, a business would be able to take advantage of full expensing until January 1st, 2030.
Senate Version:
Like the House bill, the Senate tax bill retroactively reinstates 100% bonus depreciation for qualified property placed in service after January 19th, 2025. However, the Senate bill makes full expensing permanent, full expensing would be permanent tax policy, a change NLBMDA has strongly advocated for.
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Section 199A
TCJA created the Section 199A deduction to ensure small business tax rates remain in line with the corporate tax rate which was lowered in TCJA. The deduction is a critical tax tool for millions of small businesses, including LBM dealers, and is set to expire at the end of this year if Congress fails to act.
House Version:
The House bill makes the Section 199A deduction permanent and raises the deduction from 20% to 23%.
Senate Version:
The Senate tax package also proposes making the Section 199A deduction permanent. However, unlike the House bill, the Senate proposes keeping the deduction level at 20%, a measure likely done to secure savings for other provisions such as permanent full expensing.
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Estate Tax Reform:
Sen. John Thune signaled early on that the Senate was unlikely to include language that would permanently repeal the estate tax. Identical to the House bill, the Senate tax package raises the exemption from $13.99 million to $15 million, adjusted for inflation thereafter. If Congress failed to act, the exemption would be reduced in half to pre-TCJA levels.
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State and Local Tax (SALT) Deduction:
Earlier this year we wrote that SALT is likely to be the most contentious provisions debated among Congressional Republicans. Recent rhetoric between House and Senate Republicans has proven this prediction to be true. The SALT deduction is a valuable tool for LBM dealers living in high-tax states like New York, Connecticut and California; however, the deduction has received pushback from lawmakers who represent states with low to no state income tax.
House Version:
The House version increases the SALT cap from $10,000 to $40,000 with new limits included for taxpayers making over $500,000.
Senate Version:
Senate lawmakers are still debating a cap on SALT and as a result the Senate bill includes placeholder text that would keep the SALT deduction at $10,000. This move has already prompted criticism from House Republicans in high-tax states, who warned the legislation would be “dead on arrival” if the cap remains unchanged.
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Housing Tax Credit:
In 2018, Congress passed a four-year 12.5 percent increase of the 9% LIHTC credit, a highly competitive tax credit that supports new home construction. The 12.5 percent increase expired in 2021 and NLBMDA has been a leader in advocating for the return of the 12.5 percent increase.
House Version:
The House bill would restore the 12.5 percent Housing Credit allocation increase for 2026 – 2029, a key step towards delivering more affordable housing in the United States. This legislation would lower the PABs threshold test to 25% for obligations made after December 31, 2025, and before January 1, 2030. This measure would result in more LIHTC construction through allowing states to stretch their bond authority while also reducing competition for the 9% credit. It is estimated that the House passed policies would lead to the creation and preservation of 527,000 homes over the next decade.
Senate Version:
The Senate tax package proposes a new 12.0 percent House Credit allocation increase that would be permanent. Similar to the House bill, the Senate proposes lowering the bond test threshold from 50% to 25%. Economic forecasters have estimated that the revised Senate language would double the projected impact over the next decade to over 1 million new affordable homes.
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Next Steps:
As previously mentioned, Senate tax writers are expected to change portions of this tax bill as it works to coalesce support among different factions within the Republican party. Most of the changes are expected to be centered on provisions related to Medicaid, SALT, and the phase out Inflation Reduction Act tax credits. Senate Majority Leader John Thune (R-SD) has committed to the Senate voting on its reconciliation bill by next week. If passed, differences in the House and Senate version must be reconciled after which a final bill can be passed by both chambers and delivered to the President for signing.
Congress has set a self-imposed deadline of July 4th to get all of this done. Washington insiders have cast doubt over the aggressive pace though Republican leadership remains committed to meeting this deadline. NLBMDA will continue to closely monitor the progress of this legislation and will continue actively engage lawmakers to ensure NLBMDA supported priorities make it to the President’s desk.
| | For questions, contact Matthew Delaney, NLBMDA’s Government Affairs Coordinator at mdelaney@dealer.org | |
Special Thanks to our Federal Advocacy Sponsors
| | Interested in learning more about how to become an NLBMDA Federal Advocacy Sponsor? Contact Jonathan Paine, NLBMDA’s President and CEO at jonathan@dealer.org. | | | | |