The following article by Alexandra Thornton was posted on the Center for American Progress website March 1, 2018:
The Tax Cuts and Jobs Act (TCJA) was introduced on November 2, 2017, rushed through Congress on a partisan basis, and signed by President Donald Trump just seven weeks later. No hearings were held on the actual bill and experts who could have helped ensure that provisions were properly drafted had barely any opportunity to digest legislative language or analysis from the Congressional Joint Committee on Taxation, much less to provide comments. Additionally, Democratic legislators were not permitted in the drafting room. The result is a bill riddled with drafting errors, special tax breaks that were not vetted, and new loopholes.1 While some are mere glitches, others appear to be purposeful giveaways that will create complexity and confusion for taxpayers and will have a significant impact on federal revenues.2
Most tax policy experts understand tax reform to involve making the tax system fairer, as well as simpler and more efficient where possible.3 This is achieved in part by eliminating special interest tax breaks and loopholes that allow savvy taxpayers to legally escape tax.4 This approach contributed to the success of the Tax Reform Act of 1986.5 While it will take time before the full ramifications of the TCJA are fully revealed, it is clear at this point that the effort did not result in true tax reform. Rather, while some special interest tax breaks and tax loopholes were eliminated or reduced, a host of others were left in place. And new breaks and loopholes were added that individuals and businesses, with the help of their sophisticated tax advisers, can use to avoid paying taxes in the years ahead.6 This issue brief provides a sample of the many special tax breaks that remain or were added to the tax code, along with some new loopholes that have been identified in the two short months since the bill was passed. Continue reading “Broken Promises: More Special Interest Breaks and Loopholes Under the New Tax Law”