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PE pushes for two-letter tax change to save billions

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The giants of private equity are preparing to fight for two little letters. 

The $5 trillion industry is embarking on a campaign to change the way taxes for indebted businesses are tallied. Leading lobbyists want to tack two letters — DA — back to an earnings formula used to help calculate tax deductions, a change potentially worth billions. 

The idea is to account for depreciation and amortization when determining the tax deductibility of a company’s debt payments. The maximum amount any company can get in such tax write-offs is calculated as a percentage of earnings. That’s why using EBITDA – which is typically bigger than EBIT — in this process would generate heftier tax deductions.   

That means bigger tax savings for heavily indebted companies and increased returns for private equity firms that own them. It could boost tax deductions by up to 15% in some cases, according to one tally. That’s a major prize for an industry that uses leverage to juice profits.

“This is beneficial to private equity because it’s going to increase tax deductions at the companies in which they invest, which is going to increase their profits, which is what they’re concerned about,” Rebel Cole, a finance professor at Florida Atlantic University, said in an interview. 

But it’s not just a boon for buyout firms. Any business that has borrowed to fund its operations could benefit, providing the investment industry with powerful allies. 

In recent months, the American Investment Council — the lobbying giant funded by firms from Blackstone Inc. to KKR & Co. — has been coordinating with the National Association of Manufacturers to canvass Congressional support on the issue, according to people familiar with the matter. Other private equity lobbyists have been in touch with the Equipment Leasing and Finance Association, which represents companies in the $1 trillion equipment finance sector, said the people, who asked not to be named as the discussions are private. 

Private equity is shrewd to find bedfellows in manufacturers. President Donald Trump has made clear he wants to boost U.S. manufacturers as part of an “America First” agenda. The alliances allow private equity to demonstrate that the fight is broader than protecting dealmakers’ wallets.

“Almost all businesses rely on debt to finance expenses,” said Jason Mulvihill, president of political consultancy Capitol Asset Strategies, who has been involved in past fights on the matter. “Policymakers should not overly restrict the ability of companies to use debt in their operations.” 

These alliances will help amplify private equity’s voice as Congress works to deliver on Trump’s ask: “one big, beautiful” tax bill. His threat to hike taxes on private equity profits known as carried interest has already thrown the industry on the defensive. 

While the fight over carried interest commands headlines, interest deductibility arguably has more far-reaching consequences because of how many companies it would affect. Speculative-grade borrowers backed by private equity firms took out $384 billion in syndicated loans in 2024, the second-highest year on record since 2000, according to PitchBook LCD.

Plain vanilla

Today, businesses can only deduct interest expenses totaling up to 30% of plain vanilla operating income, or EBIT, from their taxable income. Depreciation and amortization allow a business to spread out the cost of things like equipment and capture the changes in value of patents and other assets. The accounting items can create a gulf between EBIT and EBITDA, especially for capital-intensive businesses.

The first Trump administration’s tax reform initially allowed businesses to deduct debt payments of as much as 30% of EBITDA, but the formula flipped back to EBIT three years ago. The change meant businesses that once subtracted an average of roughly 85% of interest payments from their taxable income could only claim 75% of those debt payments in deductions, estimates Thomas Brosy, senior research associate in the Urban-Brookings Tax Policy Center. 

The American Investment Council has told members and lawmakers it wants to bring back the Trump-era rules first spelled out in 2017. “If you want to encourage manufacturing to return to the US, these sort of provisions are important,” Chief Executive Drew Maloney said

The National Association of Manufacturers meanwhile is leading the charge in lobbying for interest deductibility. It recently hired Ernst & Young to draft a study detailing how the expiration of various Trump provisions could hurt the economy and is planning meetings this month between policymakers and its member manufacturers.

“Reinstating the ‘DA’ would reduce the cost of debt financing and make it easier for manufacturers to invest in job-creating projects here in the U.S.,” said Charles Crain, managing vice president of policy for the organization.

Other groups such as the Equipment Leasing and Finance Association are making even bolder asks. They want lawmakers to consider full deductibility on all interest payments, as was the case for years. The policy “is good for American business,” CEO Leigh Lytle said.

Restoring more generous limits stands to further add to the U.S. deficit by up to $179 billion over the next 10 years, according to a Treasury Department analysis. But higher interest rates squeezing borrowers and a weakening economy provide plenty of fodder for lobbyists looking to make lawmakers look past the fiscal downside. Politicians from both the Democratic and Republican parties have introduced bills on the matter in the past month.

“The fears of recession and the desire to reduce business debt burdens will be difficult for lawmakers to ignore,” Brosy of the Tax Policy Center said.

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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