New study included with comments on Section 2704

BVWireIssue #179-4
August 23, 2017

The deadline has passed for public comments on IRS Notice 2017-28, which targets for reform the controversial proposed Section 2704 regs designed to curb estate valuation discounts for minority interests. The S Corporation Association joined several other trade groups in submitting its final comments and included its study highlighting the threat these rules pose to family businesses and their employees. The study, authored by former Clinton economist Dr. Robert Shapiro, makes it clear that the proposed Section 2704 rules violate all three of the criteria established in the president’s executive order: (1) they are financially burdensome; (2) they are unduly complex; and (3) they exceed Treasury’s authority.

Scary numbers: Specifically, the study finds that the proposed rules would increase estate taxes for large family businesses by $633.3 billion (present discounted dollars) over the next 46 years. To pay the extra taxes, businesses would forego capital investments, which would lead to a reduction in GDP growth by $2,476 billion (in 2016 dollars) from 2016 to 2062. This slower growth also would reduce job growth over the next decade.

Now we must wait for the Treasury and IRS to submit a final report by Sept. 18, 2017, to recommend their proposed reforms for the regulations identified in the notice (eight in all). This could range from modification to full repeal.

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