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Senate leader pushes estate tax repeal in GOP bill talks

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Senate Majority Leader John Thune pitched a full repeal of the estate tax Wednesday, setting as a priority the elimination of the levy on the fortunes of some of the wealthiest Americans as Republicans draft a massive economic package.

“I continue to advocate for eliminating the death tax once and for all, so no farmer or rancher has to worry about whether the family farm or ranch will be able to stay in the family after they pass,” the South Dakota Republican said on the Senate floor Wednesday. 

Thune’s push for repealing the 40% tax on the wealth of the richest U.S. individuals when they die puts the effort — a longtime goal of the Republican party — in the mix as Thune and other Republican leaders debate the size and scope of a massive tax cut bill.

Republicans are aiming to approve a multitrillion tax bill in the coming months that renews President Donald Trump’s 2017 cuts, along with a fresh round of levy reductions. House and Senate Republicans are currently negotiating the size of the tax package, which will determine how many new cuts can become law.

The party has a long and growing list of expensive tax changes, and constraints on the overall size of the bill mean they won’t be able to include every desired item. Trump has proposed a series of cuts, including eliminating taxes on tips, overtime pay and Social Security benefits. And a contingent of House lawmakers are advocating to expand the state and local tax deduction, in addition to Thune’s priorities.

The estate tax affects only a small segment of taxpayers, but has gained political significance with Republicans branding it a “death tax” and saying it inhibits farmers and other small business owners from passing on their assets to their children. In 2022, 3,170 estates — less than 0.1% of Americans — paid estate tax at death, according to Internal Revenue Service data. 

Current estate tax levels mean that an individual’s estate can pass up to $13.99 million tax-free on to their heirs, or twice that for a couple. The top tax rate is 40% on assets, though many billionaires and other wealthy people have long exploited legal loopholes to avoid paying it.

Political momentum

Estate tax repeal has strong support in the Senate. It’s backed by 46 senators so far, four shy of the 50 votes that will be needed to pass the broader tax bill. Similar legislation has the backing of Ways and Means Chair Jason Smith, most House Republicans and the National Federation of Independent Business.

Eliminating the estate tax would cost an additional $300 billion over a decade, according to Marc Goldwein of the Committee for a Responsible Federal Budget. That would be on top of the $4.5 trillion to extend the 2017 tax law envisioned in a House tax blueprint. The Senate is in the midst of negotiating their own plan for the bill.

In 2017, Trump backed a full repeal of the estate tax, but settled for increasing the exemption level so wealthy individuals could pass on more — but not all — of their fortune to their heirs tax-free. Those higher limits expire at the end of 2025 unless Congress acts.

Senator Chuck Grassley, an Iowa Republican, predicted that the GOP would ultimately extend the existing exemption, rather than repealing the estate tax outright.

Senate Finance Committee Chair Mike Crapo, who also supports eliminating the estate tax, declined to put odds on a repeal making it into the package in a brief interview this week after a meeting of House and Senate leaders and administration officials.

“Until the bill is drafted, everything is on the table and nothing’s on the table,” he said.

Vice President JD Vance, who has the power to break ties as president of the Senate, co-sponsored Thune’s bill to repeal the tax while a senator in 2023. Thune has also picked up the backing of four wealthy, Trump-backed Republican businessmen who last year won Senate seats previously held by Democrats, Dave McCormick of Pennsylvania, Bernie Moreno of Ohio, Jim Justice of West Virginia and Tim Sheehy of Montana.

The effort to repeal the estate tax comes as Democrats like Elizabeth Warren accuse the GOP of seeking to cut spending on government services and health care research to fund tax cuts for billionaires.

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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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Accounting

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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