January 26th, 2017 - FDRAfdra.org/wp-content/uploads/2017/01/FDAR-Customs-Working-Group...Customs...
-
Upload
nguyendiep -
Category
Documents
-
view
216 -
download
1
Transcript of January 26th, 2017 - FDRAfdra.org/wp-content/uploads/2017/01/FDAR-Customs-Working-Group...Customs...
January 26th, 2017 10:00 a.m. – 4:00 p.m.
Washington, D.C.
Customs Update & Comprehensive Discussion of 2017 FDRA Footwear
Customs Priorities
Matt Priest, President & CEO, FDRA Andy Polk, Senior Vice President, FDRA
Thomas Crockett, Director, Government Affairs, FDRA John Pellegrini, Counsel, McGuireWoods LLP
Customs Update & Comprehensive Discussion of 2017 FDRA Footwear
Customs Priorities
Matt Priest, President & CEO, FDRA Andy Polk, Senior Vice President, FDRA
Thomas Crockett, Director, Government Affairs, FDRA John Pellegrini, Counsel, McGuireWoods LLP
ü House Republican Border Adjustment Tax
ü Customs Law Update
ü Highlights from the Customs Reauthorization
ü Background on Issues for Agency Meetings Today
ü Tariff Simplification
What We Will Cover
Customs Update & Comprehensive Discussion of 2017 FDRA Footwear Customs Priorities
House Republican Border Adjustment Tax Proposal
House GOP plan would shift corporate tax from a 35% income tax to a 20% destination-based cash flow tax
Source: A Be+er Way, “Tax Policy Paper,” June 24, 2016
Issue Proposed change in House GOP’s “A Be8er Way” Blueprint Federal corporate tax rate Decrease corporate rate from 35% to 20%
Corporate Alterna9ve Minimum Tax
Repeal the AMT
Deprecia9on • Immediate expensing for new investment in equipment, structures and intellectual property • No deprecia9on for land • Inventories subject to last-‐in-‐first-‐out (LIFO) accoun9ng • Eliminate deduc9bility of net interest expense
Border adjustments Exports exempt from tax, imports subject to tax
Carry-‐forward of net opera9ng losses
Net opera9ng losses can be carried forward indefinitely, adjusted for infla9on (under current law, the nominal value of net losses in one year can be carried forward in the subsequent 20 years)
Special-‐interest deduc9ons and credits
• “Generally eliminate” special-‐interest deduc9ons and credits, such as the domes9c produc9on (sec9on 199) deduc9on, in favor of lowering corporate rate
• Create business credit to encourage research & development
Interna9onal corporate income Exempt dividends from foreign subsidiaries from taxa9on. Repatria9on of foreign income taxed at 8.75% for cash and cash equivalents, otherwise taxed at 3.5%
Pass-‐through business Income Tax rate on income earned by a partnership, sole proprietorship or S-‐corpora9on is capped at 25%, rather than taxed at ordinary income tax rate
6
Revenue from the sale of US goods to nonresidents (exports) would not
be included in taxable income
Cost of goods purchased from nonresidents (imports) would not be deducIble from taxable income
A destination-based cash flow tax uses a border adjustment to exempt exports from domestic taxation
Source: Kyle Pomerleau and Stephen J. EnGn, “The House GOP’s desGnaGon-‐based cash flow tax, explained,” Tax FoundaGon, June 30, 2016
ExplanaIon of desInaIon-‐based cash flow tax system
7
A desInaIon-‐based cash flow tax is applied where a good ends up, rather
than where it is produced.
Essen9ally, cross-‐border transac9ons are ignored
when calcula9ng a corpora9on’s tax base.
Source: Jim Nunns, Len Burman, Ben Page, Jeff Rohaly, Joe Rosenberg, “An analysis of the House GOP tax plan,” September 16, 2016
8
Border adjustment proposal would raise $1.2 trillion in tax revenue over 10 years
Tax Policy Center estimates of tax revenue from border adjustments
Billions of dollars, FY 2017-‐2036
Responses to border adjustment tax proposal
Sources: Ryan Rainey, “Koch Industries alarmed over GOP tax plan’s border adjustment,” Morning Consult, December 7, 2016; Steve Lohr, “New approach to corporate tax law has House GOP support,” New York Times, December 12, 2016. 9
“[It is] an exo9c economics lab experiment. [Retailers are] very
concerned about prac9cal effects of this on profits, jobs and opera9ons.”
—David French, Na5onal Retail Federa5on
“While companies like Koch who manufacture and produce many products domes5cally would greatly benefit in the short-‐term, the long-‐term consequences to the economy and the American consumer could be devasta5ng.
The proposed border tax adjustment will distort the market, increase consumer prices
and create an uneven playing field for companies and consumers alike.”
—Philip Ellender, Koch Industries
“[Border adjustment is a] key provision that improves our global compe99veness and helps level the playing field for exports and imports. It also
meets our shared goal to eliminate any tax incen9ve to move our jobs, headquarters and innova9on
offshore.”
—Rep. Kevin Brady (R-‐TX), House Ways and Means Chairman
10
Companies relying on imports could potentially see lower net incomes under GOP border-adjusted tax law
■ Under current law ■ Under proposed border-‐adjusted tax law
Estimated net income of five US retailers Millions of dollars
Source: RBC Capital Markets; “Retailers risk mulDbillion-‐dollar earnings hit under GOP tax plan,” Wall Street Journal, Jan 6, 2017
“Anytime I hear border adjustment, I don’t love it. Because usually it means we’re going to get adjusted into a bad deal. That’s what happens.”
President Trump, January 16, 2017 “It’s certainly something that’s going to be discussed. I would say, over the next
month-and-a-half, two months we’ll be having more concrete discussions. Right now, we’re really focused on health care more than anything else.”
President Trump, January 18, 2017
Customs Law Update
Protecting economic security through trade enforcement Strengthens enforcement capabili9es and methods — including increasing bonding, enhanced targe9ng of high-‐risk important, and swie and thorough review of allega9ons to befer enforce US trade laws and regula9ons
Establishes a new administra9ve procedure for inves9ga9ng allega9ons of evasion of An9dumping and Countervailing Duty (AD/CVD) orders, including an ability to draw adverse inferences for failing to provide informa9on
Enhances CBP’s efforts to combat the import of counterfeit goods and protect intellectual property rights holders, and to improve enforcement of AD/CVD laws
Prohibits all products made by forced labor, including forced or indentured child labor, from being imported into the United States
Customs Bill The TFTEA was signed into law by President Obama on February 24,2016. It is the first comprehensive authoriza5on of US Customs and Border Protec5on (CBP) since the crea5on of the Department of Homeland Security in 2003
Streamlining and modernizing the CPB through business transformation
Extends the funding through 2018 for the Automated Commercial Environment (ACE) — the backbone of the U.S. government’s “Single Window” system of imports and exports — which transmits the private sector’s import-‐export data to 47 PGAs, elimina5ng over 200 different forms, and streamlining trade processes
Supports CBP’s efforts to develop and implement the Centers of Excellence and Exper5se — na5onwide, industry-‐specific centers that enhance our enforcement of trade laws and regula5ons, provide uniformity of trade prac5ces across US ports of entry, and build industry exper5se within CBP
Recognizes the authority to establish and maintain CBP's preclearance program for interna5onal travelers, authorizing immigra5on, customs, and agriculture inspec5on of each U.S. bound traveler prior to boarding a direct flight to the United States
Raises the de minimis value for du5es and taxes on shipments of merchandise imported by one person on one day from $200 to $800
Customs Bill
ü CBP Enforcement Activities
ü Fish & Wildlife ACE Pilot Program
ü New MTB Process
ü Athletic Footwear Classification
Background on Issues for Today’s Meetings With Agency Officials
Tariff Simplification
CBP Enforcement Activities Update
Jerry Malmo, Director Civil Enforcement Division
Office of International Trade U.S. Customs & Border Protection
Key Updates on Global Customs Issues
Kerry Rasmussen, Farrow Hung Lee, Amber Road
Melissa Irmen, Integration Point
U.S. Fish & Wildlife ACE Pilot Program and
Footwear Impact
Phil Alegranti, Senior Special Agent Office of Law Enforcement
United States Fish and Wildlife Services
Tamesha Woulard, Supervisory Wildlife Inspector United States Fish and Wildlife Services
Miscellaneous Tariff Bill (MTB) Process
Laura Rodriguez International Trade Analyst
U.S. International Trade Commission
Jennifer Rohrbach Program Manager, MTB Process
U.S. International Trade
Clarifying Classification with CBP
Stacey Kalkines National Import Specialist, Footwear
U.S. Customs & Border Protection
Thank you to our sponsors!