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A critical element regarding potential changes to the TCJA is the percentage of foreign subsidiary income subject to Global Intangible Low-Taxed Income (GILTI). A CFO noted, “Given that a significant portion of our income is earned outside the US, understanding the complexities of GILTI rules is essential.” There was a view that the new administration’s response highlights a shift away from international frameworks like the OECD’s Pillar Two, focusing instead on US competitiveness through a US-centered tax code. Hallmark noted that Congress would need to pass legislation to implement changes similar to Pillar Two, that recent legislative efforts have aimed to reject such international frameworks, and that these efforts are likely to gain traction under a Trump administration. Wasserman concurred and noted that “The new administration may have a more US-centric approach to tax policy, and not focus on international tax frameworks like OECD’s Pillar One and Pillar Two. This could create challenges for companies navigating the complex global tax landscape, particularly around issues like double taxation and deductibility.”
A CFO from the automotive industry raised a concern about electric vehicle (EV) taxes and the new administration’s approach to tariffs, particularly regarding China and Mexico. Hallmark responded on the EV tax issue, stating, “Combining the Inflation Reduction Act (IRA) and the TCJA is strategic, as both are currently under discussion. While the incoming President has expressed a desire to repeal the IRA, many House Republicans favor the existing credits. Prioritizing which IRA provisions might be cut, EV tax credits are likely at the top of the list due to their significance to President Trump. Other business tax provisions and cuts from the TCJA, though smaller in scale, have broader bipartisan support.” He continued, “Some provisions, like bonus depreciation, enjoy widespread support across both parties. Unfortunately, EV tax credits do not have the same level of backing from influential Republicans.”