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Tax & AccountingJune 20, 2023

Tax bill for 2023?

By: CCH AnswerConnect Editorial

While no major tax legislation is expected to be taken up by Congress in 2023, especially with control of Congress divided, recent hearings in the House of Representatives and the Senate suggest that there might be some legislation around some areas that have bipartisan agreement. 

One such area is the reinstatement of the ability to expense 100 percent of research and development expenses. That provision had bipartisan support, but it expired and reverted back to a five-year amortization schedule. For small businesses, this can be a significantly burdensome change. Also discussed was changes in bonus depreciation. 

This topic was brought up twice in one week before both chambers of Congress during hearings to examine current tax issues and their implications specifically for small businesses. 

During a June 6, 2023, hearing of the House Small Business Subcommittee on Economic Growth, Tax, and Capital Access, Sterman Masser Inc. CFO and Vice President Julie Masser Ballay told the subcommittee about the role that bonus depreciation played in helping the company’s employees. 

She noted that the company had to increase the automation within its packing operation, which “improved employee safety by reducing the risk of sprains and strains, while also improving production efficiency. We started the process of automation prior to 2020. And with the assistance of bonus depreciation and the positive impact that it had on our company’s cash flow, we were able to continue installing this machinery throughout the [COVID-19] pandemic.”

Masser Ballay continued: “This example demonstrates what I believe to be an important impact of bonus depreciation. The bonus depreciation for a company like ours, which is the ability to reinvest in our family business with improved cash flow. Reinvesting helps us increase the speed of our innovation and make necessary investments that allow us to stay up to date with technology and keep pace with the marketplace.”

And while members of the committee generally applauded the short-term effect of the expensing of R&D provision in the Tax Cuts and Jobs Act, the fact that the provision sunset in 2022 has led to increased tax bills and slower growth among small businesses.

“You know, two steps forward and nine steps back," Bill Wydra, founder and president at Ashland Technologies Inc., testified, noting how that provision encouraged innovation and helped drive growth.

And now we’re saying lets put the brakes on it. … I think everyone is kind of surprised that was in there [the expiration of the provision]. … We didn’t think that this was going to come to a point that we’d have to start amortizing that and really calculate that into our plans.
Bill Wydra, founder and president at Ashland Technologies Inc.

Wydra added that if Congress is able to make the R&D expensing permanent, “you’re gonna have unprecedented growth on your hands.”

Subcommittee Ranking Member Greg Landsman (D-Ohio) observed that the hearing lasting a little more than an hour suggests “the consensus is there in terms of resolving this [and] fixing what is a no-brainer.”  

Similar stories heard at Senate roundtable

Less than 24 hours after the House subcommittee hearing concluded, a roundtable discussion was convened by the Senate Finance Committee and the Senate Committee on Small Business and Entrepreneurship. 

Michael Norris, president and CEO of Warrant Technologies, noted that the change from R&D expensing to R&D amortization over five years for a small business with $2.5 million in net income in the 21 percent tax bracket would see their tax bill rise from $315,000 to $504,000. And if the changeover to amortization is not properly accounted for, there could also be penalties and interest if a small business was not aware of the changes. 

“This will result in the demise of small businesses,” Norris said. 

Stephanie Camarillo, owner of Molly Maid of Boise and the Treasure Valley, described how much of the tax savings from provisions that have expired have been reinvested back into the company. She highlighted how the tax savings helps provide employees with better wages and funded a childcare facility adjacent to corporate offices to give employees who have kids another option to allow them to perform their duties. 

Alicia Chapman, CEO of Willamette Technical Fabricators, also said that company earnings were reinvested back into the workforce, and while the company has been able to take advantage of the R&D expensing, “I need to be able to support my workers,” something that becomes more difficult when cash is being diverted to pay for a now increased tax bill.

Much like the climate in the House subcommittee hearing, this roundtable demonstrated a bipartisan intent to work on some of these issues to help alleviate the tax burden particularly on small businesses. And although a broad tax bill is not expected this year, Congress is now under pressure to pass all the budget bills or face an automatic one percent across the board budget cut. This could provide legislators with a vehicle to move these kinds of widely popular provisions since the likelihood of standalone bills is minimal. Hearings in both chambers suggest we could see some movement before the end of the fiscal year in September.

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CCH AnswerConnect Editorial

Comprising of industry’s most trusted experts, the Wolters Kluwer CCH AnswerConnect Editorial Staff are knowledgeable and highly qualified to analyze and offer guidance on the latest, important tax topics. They ensure every topic is thoroughly researched and meticulously broken down so you receive the most up to date and accurate information available. Read more of their insights on CCH AnswerConnect.

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