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by Brownstein Hyatt Farber Schreck, LLP

Debt-Limit Increase Discussions Commence After Negotiators Mark Their Turf. President Joe Biden met with congressional leaders at the White House earlier this afternoon, May 9, to discuss increasing the debt limit and simultaneous legislative action on deficit reduction. House Speaker Kevin McCarthy (R-CA), House Minority Leader Hakeem Jeffries (D-NY), Senate Majority Leader Chuck Schumer (D-NY) and Senate Minority Leader Mitch McConnell (R-KY) each staked out their positions and views on the negotiations. Read more.

Senators Introduce Taiwan Tax-Treaty Legislation. Sens. Bob Menendez (D-NJ), Jim Risch (R-ID), Chris Van Hollen (D-MD) and Mitt Romney (R-UT) introduced legislation, (S. 1457), that would allow for congressional consideration of a tax agreement between the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office (TECRO) and would authorize President Joe Biden to sign a tax treaty with Taiwan. Semiconductor manufacturers currently face double taxation from business operations in the United States and Taiwan. A tax treaty between the two countries would address that issue and, presumably, create a formal mechanism for resolving disputes. No immediate action is planned on the legislation. This legislation follows the CHIPS Act of 2022, which included a broad range of incentives to support the domestic manufacture of semiconductors. Explore in more depth.

Second Round of Advanced Energy Project Credit Allocations Expected in 2024. Jennifer Bernardini, an attorney-advisor in the Treasury Department’s Office of Tax Policy, indicated that the second round of allocations under the section 48C advanced energy project tax credit is expected to be made in 2024. The tax credit program, which requires interested parties to apply for a portion of the credit allocation, was originally enacted in 2009. The program was revitalized as part of the Inflation Reduction Act with $10 billion of credits allocated to qualifying taxpayers, of which $4 billion is set aside for advanced energy projects in designated energy communities. Read more.

Solar Tariff CRA Passes Senate. On May 3, the Senate voted 56-41 to pass a Joint Resolution to rescind the Biden administration’s two-year pause on tariffs for imports of solar equipment from certain Southeast Asian countries. Nine Democratic senators, including Sens. Joe Manchin (D-WV) and Ron Wyden (D-OR), sided with the majority of the Republican Conference in support of the measure. The action followed an earlier 221-202 approval of the resolution in the House. The resolution utilizes the Congressional Review Act (CRA) to revoke a September 2022 Commerce Department rule that had suspended tariffs against panels assembled in Cambodia, Malaysia, Thailand or Vietnam using parts and components manufactured in China. Notwithstanding the congressional effort, President Joe Biden pledged to veto the legislation in a statement of administration policy issued on April 24. It is unlikely that Congress will find the votes to override the president’s promised veto. Learn more.

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Pat Soldano
President; Policy and Taxation Group
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