The Math Behind Why the Senate Tax Bill Seems Cheaper Than House Version

Even though both bills share many provisions, the estimates from the congressional Joint Committee on Taxation are based on different accounting methods.

The congressional Joint Committee on Taxation estimated that Senate Republicans’ proposed tax bill will cost the federal government far less in reduced tax collections than the $3.8 trillion tab for the House version, even though both bills share many provisions, but the estimate was based on a different accounting method.

Late on Saturday, the Joint Committee on Taxation released an estimate indicating the tax bill proposed by Republicans in the Senate would cost $441.5 billion over the next decade, significantly less than the $3.8 trillion estimated cost of the House’s version. The catch: The GOP requested the committee base its estimate on the “Senate’s current policy baseline.”

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The “current policy baseline” approach compares outcomes with current regulations, rather than with the regulations that would be in place if the bill does not pass. In this case, the most notable examples are the temporary 2017 tax cuts the bill would make permanent. In doing so, the estimate minimized the cost of the bill’s most expensive sections, leading to the significant disparity between the two estimates.

For example, making the tax cuts permanent would cost the government $83 billion in revenue, according to the estimate of the Senate’s bill, compared with $2.2 trillion according to the estimate of the House version. Expanding the Child Tax Credit was estimated to cost $800 billion under the House bill; the estimate fell to $124 billion in the Senate’s version.

Meanwhile, many smaller-dollar provisions, such as creating “Trump accounts” to help children save in a tax-advantaged account, were listed with the same costs in the JCT’s estimate of both bills.

Parliamentarian Strikes Provisions

In addition to receiving a cost estimate from the Joint Committee on Taxation, the Senate tax bill also lost some provisions to decisions by Senate Parliamentarian Elizabeth MacDonough.

Over the weekend, MacDonough slashed several proposals from the bill that her guidance said did not fit within the budget reconciliation process. MacDonough’s opportunity to weed out parts of the bill stems from the “Byrd Rule,” which prohibits provisions considered “extraneous” to the federal budget in bills passed through reconciliation, as Republicans are attempting to do.

So far, MacDonough—who has served in the role since 2012—has cut proposals that would have defunded the Consumer Financial Protection Bureau; a provision requiring states to pay a portion of food assistance benefits; and a section that would have allowed states to conduct border security and immigration enforcement, which are responsibilities of the federal government.

Notably, in her June 21 guidance, MacDonough’s review retained in the bill a provision that bans states from regulating artificial intelligence over the next 10 years.

“There is no better way to define this ‘Big Beautiful Betrayal’ of a bill than families lose, and billionaires win,” said Senator Jeff Merkley, D-Oregon, the ranking member of the Senate Committee on the Budget, in a statement. “Democrats are on the side of families and workers and are scrutinizing this bill piece by piece to ensure Republicans can’t use the reconciliation process to force their anti-worker policies on the American people. The Byrd Rule is enshrined in law for a reason, and Democrats are making sure it is enforced.”

401(k) Forfeiture Complaint Against Wells Fargo Dismissed

The District of Minnesota ruling, released June 18, closely resembled the dismissal of an ERISA complaint against J.P. Morgan on June 13 in Los Angeles.

A federal judge in Minnesota dismissed a June 2024 complaint against Wells Fargo alleging the company and its plan fiduciaries violated the Employee Retirement Income Security Act by improperly using forfeited funds in its 401(k) plan.

U.S. District Judge John Tunheim, presiding in U. S. District Court for the District of Minnesota, ruled that the plaintiff, Thomas Matula Jr., failed to state a valid claim under ERISA, since Wells Fargo’s 401(k) plan “does not authorize Wells Fargo to use forfeited funds to pay optional services and operating expenses of the Plan or to make arbitrary payments to participants’ individual accounts when there is no error to correct.”

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The ruling, released June 18, closely resembled the dismissal of an ERISA complaint against J.P. Morgan on June 13 in Los Angeles.

In the Wells Fargo complaint, former employee and plan participant Matula alleged Wells Fargo violated ERISA by misusing forfeited funds in its 401(k) plan to benefit the company, rather than its participants. The complaint alleged Wells Fargo used the forfeited funds to reduce further employer contributions, rather than allocating forfeited funds to participants’ accounts.

However, the IRS has consistently taken the position that forfeitures can be used for any of three purposes: to pay plan expenses, to reduce employer contributions or to make an additional allocation to participants.

According to the Wells Fargo & Co. 401(k) Plan’s latest Form 5500, forfeitures used to offset employer contributions were approximately $6.34 million for the year that ended on December 31, 2023.

“Despite Matula’s well-taken claim that Wells Fargo could have used forfeited funds to pay for optional services and operating expenses, as well as necessary administrative expenses, the plan’s terms do not provide such an authorization,” Tunheim stated in his ruling.

Since the plaintiff failed to state an appropriate financial injury, according to the ruling, Tunheim found that there was no standing to sue. Tunheim dismissed the lawsuit with prejudice, so the complaint cannot be refiled in his court.

The Wells Fargo & Co. 401(k) Plan had $51.8 billion in assets with 304,980 participants, as of December 31, 2023, according to its latest Form 5500.

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