October 31, Sincerely, Thomas E. Riley, CPA President. Attachment

Similar documents
Re: PROPOSED STATEMENT ON STANDARDS FOR TAX SERVICES No. 9, QUALITY CONTROL, December 30, 2005

Re: IRS Notice : Study on Donor Advised Funds and Supporting Organizations

NEW YORK STATE SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS COMMENTS ON AICPA EXPOSURE DRAFT

Re: Proposed Regulation Guidance Under 642(c) and 643(a)(5), Income Ordering Rules

Re: Proposed FSP FAS 13-b Accounting for Rental Costs Incurred during a Construction Period

Re: Proposed SFAS: Accounting for Certain Hybrid Financial Instruments

Re: Proposed SFAS: Accounting for Servicing of Financial Assets, an amendment of FASB Statement No. 140

Re: IR Redesigned Draft Form 990

Re: Proposed Statement of Financial Accounting Standards: The Hierarchy of Generally Accepted Accounting Principles

Re: FASB Preliminary Views Financial Instruments with Characteristics of Equity File Reference No

February 3, Director, TA&I FSP Financial Accounting Standards Board 401 Merritt 7, PO Box 5116 Norwalk, CT

December 5, By

Re: Exposure Draft (Revised): Proposed Statement of Financial Accounting Standards Subsequent Events (File Reference No )

Re: Proposed Statement on Auditing Standards, Consideration of Fraud in a Financial Statement Audit (Redrafted)

An Interpretation of FASB Statement 143, Accounting for Conditional Asset Retirement Obligations

Re: Exposure Draft: Proposed Statement of Financial Accounting Standards Going Concern (File Reference No )

August 8, By

May 19, September 21, Ms. Nancy M. Morris Secretary Securities and Exchange Commission 100 F Street, NE, Washington, DC

Re: Proposed Statement on Auditing Standards: Interim Financial Information (Amends AU Section 722, Interim Financial Information)

Re: IASB Discussion Paper: Financial Instruments with Characteristics of Equity

Re: Implementation of the Metropolitan Commuter Transportation Mobility Tax

Re: Proposed Auditing Standard on Audit Documentation and Proposed Amendment to Interim Auditing Standards

November 12, Ms. Nancy M. Morris Secretary Securities and Exchange Commission 100 F Street, NE, Washington, DC

Electronically: Attention: Comment Request; Defining Mutual Funds as Financial Institutions

March 19, CC:PA:LPD:PR (REG ) Room 5205 Internal Revenue Service P.O. Box 7604 Ben Franklin Station Washington, DC 20044

Re: Proposed Statement on Auditing Standards, Reports on Application of Requirements of an Applicable Financial Reporting Framework

Re: Proposed Accounting Standards Update Presentation of Financial Statements (Topic 205): The Liquidation Basis of Accounting

June 29, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

May 2, By Reference: Project 22-2E. Dear Mr. Bean:

November 16, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

October 5, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

Re: Proposed IAS Review of Interim Financial Information Performed by the Auditor of an Entity

File Reference No

Re: Exposure Draft, Proposed Accounting Standards Update, Comprehensive Income (Topic 220): Statement of Comprehensive Income

April 22, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

Re: Proposed Accounting Standards Update Business Combinations (Topic 805), Pushdown Accounting, a consensus of the FASB Emerging Issues Task Force

Re: Exposure Draft, Proposed Accounting Standards Update

Passthroughs and Special Industries Passthroughs and Special Industries

N Y S S C P A Gail M. Kinsella President

Re: Proposed Accounting Standards Update Statement of Cash Flows (Topic 230): Classification of Certain Cash Receipts and Cash Payments

Re: IRS Notice Information Reporting Under the Amendments to Section 6041

N Y S S C P A Richard E. Piluso President

Re: Application for Extension of Time to File an Exempt Organization Return

File Reference No. EITF 13-G

Re: Proposed REG Substantiation Requirement for Certain Contributions

Re: Proposed Accounting Standards Update Statement of Cash Flows (Topic 230): Restricted Cash (a consensus of the FASB Emerging Issues Task Force)

Re: Proposed Accounting Standards Update (Revised) Revenue Recognition (Topic 605) Revenue from Contracts with Customers

Re: Exposure Draft Financial Instruments: Amortised Cost and Impairment

September 16, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT

May 14, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

July 2, Phoebe W. Brown Office of the Secretary PCAOB 1666 K Street, N.W. Washington, D.C

January 26, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT

Re: Proposed Accounting Standards Update Technical Corrections and Improvements to Update , Revenue from Contracts with Customers (Topic 606)

Re: Exposure Draft, AICPA Professional Ethics Division Proposed Revised AICPA Code of Professional Conduct, April 15, 2013

Re: Proposed Accounting Standards Update Financial Instruments Credit Losses (Subtopic ) (File Reference No )

Re: Proposed FASB Staff Position Applicability of FASB Statement No. 143 to Asbestos Removal

certified public accountants 530 fifth avenue. new york, ny

July 17, via to: Dear Mr. Fontenrose:

(File Reference No )

(File Reference No ) Sincerely, N Y S S C P A N Y S S C P A F. Michael Zovistoski President

August 21, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

November 13, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT

File Reference No. PCC-13-02

April 27, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT

Re: Proposed Accounting Standards Update Consolidation (Topic 810): Targeted Improvements to Related Party Guidance for Variable Interest Entities

!T.",!.' ill!ii,,' Tru~([.1 PI"ft,."IOr.,;,' .; -r OJ. ~ t ij ~-; ;-~C-, --~-l- T~-i-h --~-1 r-,'-~ L. - n-c':~- -;.;'f i -. - II: IIJ U b ~ :i"g II!

April 23, Dear Ms. Brown:

April 27, Ms. Sherry Hazel AICPA 1211 Avenue of the Americas New York, NY By

Taxation. International CONFERENCE. Understanding U.S. taxation and planning methods

06/26/2014 Page 1 Firemen's Annuity & Benefit Fund of Chicago Summary of Regular Meeting dated 06/18/2014

Wednesday, February 24, 2010

1102 Longworth House Office Building 219 Dirksen Senate Office Building Washington, DC Washington, DC 20510

September 23, Ms. Susan M. Cosper Technical Director Financial Accounting Standards Board 401 Merritt 7 PO Box 5116 Norwalk, CT

"TAX POLICY FOR A NEW MILLENNIUM" PROGRAM

Equity Value $m Equity Value $m Equity Value % Change 2015 to Rank. Deal Count Deal Count. Rank 2016

Filed electronically: (IRS-REG )

IC-DISC TAX SAVINGS FOR EXPORTERS. An overlooked tax break that could be your big break. Reduce Current & Future Taxes

1102 Longworth House Office Building 1139E Longworth House Office Building

GASB Today and Tomorrow

In the worst year for the financial services industry since the Great Depression, UBSI increased dividends to shareholders for the

(File Reference No )

Support for H.R. 4166, the Expanding Proven Financing for American Employers Act

Re: Proposed Accounting Standards Update Codification Improvements Financial Instruments. (File Reference No )

METAL BOX NEWSLETTER MEMBERS REPORT WINTER 2014/15. In this issue... THE METAL BOX PENSION SCHEME VALUATION UPDATE INVESTMENT UPDATE MND SELECTION


Higher Education - Administrative Accountability Report Special Provisions, Sec. 5 FY2012. Page 1 of 9

KANSAS COURT OF APPEALS U.S. COURTHOUSE COURTROOM STATE AVENUE KANSAS CITY, KANSAS NOTICE

An Evaluation of Railroad Safety. May NTIS order #PB

INVESTMENT PERFORMANCE MEASUREMENT

March 4, The Honorable Mark W. Olson Chairman Public Company Accounting Oversight Board 1666 K Street, NW Washington, DC

Consideration Amount. Recording Fee

CITIZENS FINANCIAL GROUP INC/RI

$250,000,000 The University of Chicago Medical Center

1111 Constitution Avenue, NW 1111 Constitution Avenue, N W Washington, DC Washington, DC 20224

A Report from the Bureau of Governmental Research Forgotten Promises JUNE 2010

October 18, VIA Dear Chairman Burke:

THE NATIONAL INCOME AND PRODUCT ACCOUNTS OF THE UNITED STATES, Statistical Tables CONTENTS. Introduction.

NEW YORK CITY BAR. April 29, 2009

A Guide to the Commonwealth Budget

1500 Pennsylvania Avenue, NW 1111 Constitution Avenue, NW Washington, DC Washington, DC 20224

Transcription:

October 31, 2006 House Ways and Means Committee U.S. House of Representatives 1102 Longworth House Office Building Washington D.C. 20515 By email: hearingclerks.waysandmeans@mail.house.gov Electronically: http://waysandmeans.house.gov/submissions.aspx Re: Tax Technical Corrections Act of 2006 HR6264 Section 7, Amendment Related to the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Repeal of 15% IC-DISC) Ladies and Gentlemen: The New York State Society of Certified Public Accountants, representing 30,000 CPAs in public practice, industry, government and education, submits the following comments to you regarding the technical corrections bill captioned above. The NYSSCPA thanks Ways and Means for the opportunity to comment on this proposed legislation. The NYSSCPA International Taxation Committee deliberated the bill and prepared the attached comments. If you would like to discuss the comments further with the Committee, please contact Cristina N. Wolff, CPA, Chair, International Taxation Division Committee at 212-682-1600 or Ernest J. Markezin, CPA or William Lalli, CPA, NYSSCPA staff, at 212-719-8300. Sincerely, Thomas E. Riley, CPA President Attachment

NEW YORK STATE SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS TAX TECHNICAL CORRECTIONS ACT OF 2006 HR6264 SECTION 7, AMENDMENT RELATED TO THE JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003 (REPEAL OF 15% IC-DISC) October 31, 2006 Principal Drafter Mitchell Sorkin, CPA 2

NYSSCPA 2006 2007 Board of Directors Thomas E. Riley, President David A. Lifson, President-elect Mark Ellis, Secretary Neville Grusd, Treasurer Sharon S. Fierstein, Vice President Richard E. Piluso, Vice President Robert E. Sohr, Vice President Louis Grumet, ex officio Edward L. Arcara Deborah L. Bailey-Browne Thomas P. Casey Debbie A. Cutler Anthony G. Duffy David Evangelista Joseph M. Falbo, Jr. Myrna L. Fischman, PhD. Daniel M. Fordham Phillip E. Goldstein Scott Hotalen Don A. Kiamie Lauren L. Kincaid Stephen F. Langowski John J. Lauchert Kevin Leifer Elliot A. Lesser Howard B. Lorch Beatrix G. McKane Mark L. Meinberg Ian M. Nelson Jason M. Palmer Robert A. Pryba Jr. Robert T. Quarte Judith I. Seidman C. Daniel Stubbs, Jr. Anthony J. Tanzi Edward J. Torres Liren Wei Ellen L. Williams Margaret A. Wood Richard Zerah NYSSCPA 2006-2007 Tax Division Oversight Committee Susan R. Schoenfeld, Chair Alan D. Kahn Neil H. Tipograph Scott M. Cheslowitz Stephen A. Sacks Stephen P. Valenti Robert L. Goldstein David Sands Maryann M. Winters Richard L. Hecht Theodore J. Sarenski Cristina N. Wolff Janice M. Johnson P. Gerard Sokolski 3

NYSSCPA 2006-2007 International Taxation Committee Cristina N. Wolff, Chair Jude Coard Gerard P. O'Beirne Paul R.Allutto Itzhak Cohen Lawrence A. Pollack Nancy L.Berk Paul Dailey Monica A. Rannige William B.Blumenthal Steven Davis Donald Reisinger Ben J.Bogdanowicz Alan R. Deutsch Gentiana Shameti James P.Booth Thomas J. Flattery Stanley G Sherwood Sheila Brandenberg Alfred Floramo Lawrence E. Shoenthal Jerry K.Brockett Melissa S. Gillespie Mitchell Sorkin Susan L. Brown Kadir R. Karabay Jonathan Tierney Thomas A. Butera Norman A. Levine Philip Van Schuyler Carlen, Ronald Antonio Malavasi Ann-Christine Westerlund Peter G. Chen Richard W.Margaroli Paul Zambito Richard D. Nichols NYSSCPA Staff Ernest J. Markezin William Lalli 4

New York State Society of Certified Public Accountants Re: Tax Technical Corrections Act of 2006 HR6264 Section 7, Amendment Related to the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Repeal of 15% IC-DISC) October 31, 2006 General Comments The International Taxation Committee (the Committee) of the New York State Society of Certified Public Accountants has reviewed the above-referenced technical corrections bill and has the following comments: If this legislation is passed, it may force taxpayers who have established Interest Charge- Domestic International Sales Corporations (IC-DISCs) to open up facilities abroad to avoid increased taxes which will ultimately cost the United States in jobs and growth. As part of the Jobs and Growth Tax Relief Reconciliation Act of 2003, Congress introduced the 15% long-term capital gains tax along with the 15% rate on qualified dividends. The purpose of this change was to reduce income tax on investment income and provide an incentive for investing in corporate America. The proposed section of the bill to exclude application of the lower 15% dividend rate to IC-DISC distributions appears not to be a technical correction, but rather a significant shift in policy with repercussions throughout the small and mid-sized business community, especially having a negative impact on the small domestic manufacturer who exports. Many domestic manufacturers who export their goods have a difficult time competing in world markets where wages and related production costs are less expensive than they are in the U.S. Congress tried to redress this business segment by passing the Extraterritorial Income Exclusion Act in 2000. As a result of pressure from the European Union, Congress was forced to repeal this law with a phase out, but retained some grandfathering provisions that have now also been repealed. Congress then decided to pass the Domestic Production Activity Deduction that would help U.S. manufacturers and qualified industries. However, this law falls short compared to the earlier Extraterritorial Income Exclusion. Many smaller companies have found some refuge in utilizing an IC-DISC to reduce their costs and stay competitive by taking advantage of distributions received from IC-DISCs that are taxed at the 15% rate. 5

Although the use of IC-DISCs was no longer beneficial to large American corporations due to the inability to defer the tax on the income attributed to sales in excess of the $10 million threshold (the gross income limitation) and the interest charge relating to the deferral below this threshold, many smaller manufacturers saw opportunities to reduce their operating costs and compete more effectively abroad when the 15% rate for dividends came into effect. Arguably, individuals, not necessarily businesses, were meant to be the primary beneficiaries of the 15% dividend rate. Nevertheless, a 15% rate for IC-DISC dividends is in correlation to that principle since IC-DISCs are utilized by small businesses that are owned by individuals or by pass through entities in which individuals are the stakeholders, as opposed to publicly traded companies. Under the present law, smaller exporting companies are able to receive distributions from their IC-DISCs, pay their applicable taxes and reinvest the after-tax proceeds into the economy. This translates into more jobs, more production, and ultimately more revenue for the Government. In summary, the Committee considers that this proposed section of the bill seems less a technical correction and more a policy shift, which might have an adverse impact on taxes, U.S. competitiveness, U.S. jobs and the U.S. economy, and, therefore, should not be included in the bill. 6