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 TrumpSunday shows preview: Trump sells U.N. reorganizing and Kavanaugh allegations dominate Ex-Trump staffer out at CNN amid “false and defamatory accusations” Democrats opposed to Pelosi lack challenger to topple her 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 Mnuchin5 things to know about Trump's escalating trade war with China On The Money: Trump signs first 2019 'minibus' spending package | Mueller probing transactions by Russian organizers of Trump Tower meeting | Stocks brush off trade fears On The Money: Cohen reportedly questioned over Trump dealings with Russia | Trump hails economy | Tells workers to 'start looking' if they want a better job | Internal poll shows tax law backfiring on GOP 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.