December’s Agenda:
Costly Expiring Policies
Christmas is just around the corner — 2011 is quickly coming to an end, which means many federal policies are set to expire. Congress will have to debate most of these policies in the coming weeks before lawmakers can head home for the holidays.
Renewal, Cancelation, or Deferment?
- Fiscal Year (FY) 2012 Government Funding
- Medicare’s Payment to Doctors
- Emergency Unemployment Insurance
- Payroll Tax Holiday
- Tax Extenders
- Alternative Minimum Tax
FY12 Government Funding
This fiscal year Congress failed to fulfill one of its most basic responsibilities: passing a budget. Not only that, but Congress also failed to complete the annual government spending bills by the start of the current fiscal year (October 1). So far Washington has only passed three[1] of the 12 spending bills needed to ensure the government remains open. For the nine spending bills that haven’t been signed into law, Congress has passed temporary stopgap funding bills, also known as Continuing Resolutions (CRs). The current CR will expire on December 16[2].
Reports indicate Congress will combine the remaining nine spending bills into one gigantic bill[3] called an “omnibus.” This bill must be signed into law by December 16 to ensure certain areas of the government remain operational.
Medicare’s Payment to Doctors
In an effort to reduce the budget deficit in 1997 Congress passed the Balanced Budget Act. This law outlined a “sustainable growth rate” (SGR) for Medicare payments to doctors. SGR restricted doctors’ reimbursements for certain Medicare payments. Specifically, the law limited the reimbursement to doctors so “total pay for physicians could not exceed the growth rate of the rest of the economy.”[4]
However, SGR hasn’t been implemented as the law scheduled it to be. Congress routinely blocks the SGR formula on a “temporary basis.” The current block lasts until the end of the year. Why does Congress only enact temporary fixes? Because it “costs” too much to eliminate the SGR on a permanent basis.[5] Last June, the independent Congressional Budget Office estimated that for a ten-year period, it would cost $275 billion to “maintain physician pay at current levels over the next ten years.”[6]
Therefore, Congress prefers blocking SGR on a short-term basis. If Congress doesn’t act and SGR is allowed to go forward in 2012, payments to doctors for certain Medicare services would fall by nearly 30 percent. If this were to happen, many believe that a large amount of doctors would stop seeing Medicare patients altogether.[7]
Last year, Congress passed a bill that addressed this issue for one year. This measure cost $14.9 billion.[8]
Emergency Unemployment Insurance
Unemployment insurance is distributed jointly by federal and state governments. Before the recession, a person in a state with low unemployment generally could receive unemployment benefits for about 26 weeks. Because of the recession, the 2009 stimulus bill extended this benefit for up to 99 weeks.[9]
The amount of time a person can be on unemployment varies from state to state. The emergency benefits created in the stimulus will expire December 31, which would reportedly affect 1.8 million people.[10]
Last year’s one-year extension of the emergency unemployment benefits cost $56.5 billion[11].
Payroll Tax Holiday
A temporary measure that reduced what employees pay in Social Security taxes will expire at the end of this year. Currently, employees pay two percentage points less in Social Security payroll taxes than what is traditionally paid. If this provision expiries, it “…means low-income workers will pay several hundred dollars more than they’re paying now, while high-income workers will pay roughly $2,340 more[12].” Republican and Democrat leaders in Congress agree this tax holiday should be extended for another year, but they disagree about how to pay for it.
Last year, the payroll tax holiday was not paid for. The one-year tax holiday cost $111.7 billion.[13]
Tax Extenders
Many tax code provisions will also expire at the end of this year. Some of these provisions may not be renewed but many are likely to be, including the research and development tax credit. These expiring provisions generally “…fall into a group of tax deductions, credits and provisions — now known as ‘extenders’ — which Congress has repeatedly renewed, but never makes permanent, simply because it doesn’t want to acknowledge their true costs.”[14]
Last year, Congress passed tax extenders for two years; however, one of these years was retroactive. Last year’s tax extenders for 2010 and 2011 came at a cost of $55.3 billion.[15]
Alternative Minimum Tax (AMT)
In 1969, Congress created the AMT. To understand the AMT, it’s helpful to view it as an entirely separate federal tax structure. Generally speaking, tax rates and deductions under the AMT are not as generous as those under the regular income tax system.[16] In other words, it is not good news if a taxpayer falls under the AMT.
The stated goal of the AMT was to make sure the wealthiest Americans owed some income taxes. In 1967, the Treasury secretary reported 155 people with incomes more than $200,000 owed no income tax because they were able to use tax code deductions and credits to bring their tax liability to zero.
The AMT isn’t indexed for inflation, which means more and more middle class families now fall under the AMT[17]. To limit the impact of the AMT, Congress traditionally passes a “patch.” “Patching” means raising the income level automatically exempt from the AMT, usually for one year or two.”[18] For 2011, the AMT exemption for a single person is $48,450.Like tax extenders, the AMT is not permanently addressed because Congress simply doesn’t want to acknowledge its true cost.
Last year, Congress passed a two-year patch for the AMT; however, one of these years was retroactive. This AMT patch for 2010 and 2011 was estimated to reduce revenue to the federal government by $136.7 billion[19].
It should be noted that Congress could wait to retroactively address the tax extenders and AMT issues until next year. They’ve done it before. However, “such delays are a pain for a lot of taxpayers. For example, for most of 2010, families subject to, or possibly subject to AMT, were unsure of how much in estimated taxes to pay. Meanwhile, because the Internal Revenue Service’ computers had to be reprogrammed for late changes, 2010 tax refunds were delayed for 6.6 million taxpayers….” Additionally, retroactively changing the tax code caused some public companies to restate their earnings.[20] Some believe that having to retroactively change the tax code creates uncertainty.
[8] CQ.com. Fact Sheet on Legislative Week of December 6, 2010. Subscription required.
[11] CQ.com. Fact Sheet 111.38. Subscription required.
[13] CQ.com. Fact Sheet 111.38. Subscription required.
[15] CQ.com. Fact Sheet 111.38. Subscription required.
[19] CQ.com. Fact Sheet 111.38. Subscription required.