Treasury releases first guidance item on Trump tax law reviewed by OMB

Treasury releases first guidance item on Trump tax law reviewed by OMB
© Greg Nash

The Treasury Department and IRS on Wednesday released their first guidance item implementing President TrumpDonald John TrumpTrump threatens ex-intel official's clearance, citing comments on CNN Protesters topple Confederate monument on UNC campus Man wanted for threatening to shoot Trump spotted in Maryland MORE's tax-cut law that was reviewed by the Office of Management and Budget (OMB).

The proposed rule focuses on the new tax law's transition tax on corporations' untaxed foreign earnings.

“The Tax Cuts and Jobs Act creates a historic opportunity for American companies to bring capital back home from overseas to invest in our domestic economy and create jobs for hardworking Americans,” Treasury Secretary Steven MnuchinSteven Terner MnuchinPolicy expert: Erdoğan wants to ramp up anti-American sentiment to distract Turkish public Harriet Tubman on the bill would be smart for the president, his party and the nation Turkish president blasts ‘economic coup’ amid heightened tensions with US MORE said. “Our administration’s policies are focused on creating a more competitive system for business, which has already led to greater economic and wage growth.”

Treasury and the OMB in April released a memo that increases OMB oversight of tax rules, which previously were generally exempt from review by OMB's Office of Information and Regulatory Affairs (OIRA). Under the memo, OMB can review tax rules that interfere with actions taken by other agencies, raise novel legal or policy issues or have an annual nonrevenue economic impact of at least $100 million.

The memo provides that rules implementing the new tax law can be designated to receive an expedited OMB review of 10 business days. The proposed regulation on the transition tax is the first guidance item to receive an expedited review by OMB, which the office completed last week. A Treasury Department spokesperson said that the review didn't result in any substantive changes to the proposed rules.

The proposed rules provide guidance on a provision of the new tax law that subjects companies' untaxed foreign earnings held in the form of cash or cash equivalents to a tax of 15.5 percent, and companies' untaxed foreign earning held in other forms to a tax of 8 percent. Taxpayers can pay the tax over a period of eight years.

The guidance document, which clocks in at 249 pages, provides information on how shareholders' amounts subject to the transition tax are calculated and reported, the IRS said.