Weekly Legislative Update November 1, 2021

TIA Signs onto Coalition Letter for S. 2387 and 199A Deduction

Dear Chairman Wyden, Ranking Member Crapo, Chairman Neal and Ranking Member Brady:

On behalf of the undersigned organizations, we write to convey our concerns regarding the Small Business Tax Fairness Act (S.2387) and other recent proposals to change the 199A deduction. While we appreciate the intent to simplify the 199A deduction and eliminate the special rules for specified service businesses, we have serious concerns that the proposed phase out limits set forth in S. 2387 will exclude a significant number of small businesses from this important deduction.

As you know, the 199A deduction was intended to create some parity between the tax rates for C corporations and the tax rates for pass through entities. Pass through entities are already facing a significant disadvantage by the fact that, while the lower C corporation rates set in 2017 are permanent, the 199A deduction will sunset at the end of 2025. To significantly lower the phase out, while also retaining the 2025 sunset will be extremely harmful for a wide swath of small businesses, many of which are still struggling to survive and recover from the pandemic.

Again, while we welcome the provisions of the proposed bill that would simplify the calculations of the 199A deduction and remove the distinction between different types of pass through entities, the tradeoff – namely the new complete elimination of the deduction for taxpayers with incomes over $500,000 (with a phase out starting at $400,000) – is far too high for the undersigned organizations to be able to support this legislation. We have the same concern with the 199A proposal that was recently approved by the House Ways and Means Committee.

As they considers S.2387 and the 199A issue, we would urge your Committees to eliminate any income threshold amount which cuts off the deduction entirely and to add a provision to make 199A permanent.

We thank you for your consideration of this matter and stand ready to provide any additional information or support that may be required to help enact these common sense provisions that are so essential to the success of our Nation’s pass-through businesses.

Sincerely,

Tire Industry Association and other trade associations

TIA Signs onto Joint Trades Letter to President Biden on Tax Information Reporting

Dear President Biden:

The undersigned organizations representing a cross-section of business and financial interests write to reiterate our strong opposition to the new tax information reporting regime proposed by the Department of Treasury and under consideration by Congress as part of the proposed reconciliation spending package. We respectfully request that this proposal be withdrawn from further consideration, and the administration consider more targeted measures to reduce the tax gap.

Our member companies understand that this proposal is a good-faith attempt by your administration to ensure all taxpayers meet their tax obligations, and we strongly support that goal. However, our members, and the American people, believe that they have a reasonable right to privacy and this overly broad proposal to report gross annual inflows and outflows from nearly every account is disconnected from its purported narrow purpose of focusing government scrutiny on Americans with actual income above $400,000. 

Recently, the Department of Treasury and congressional supporters finally acknowledged the program was far too expansive but, according to media reports, made only cosmetic changes by increasing the de minimis threshold to $10,000 and excluding wages and government benefits from that calculation. As we have stated in several previous letters, these changes fail to address the reality that any program based on gross annual inflows and outflows will impact Americans from all income levels. Even with the proposed exclusions of certain types of income, a large number of common and totally innocent transactions by individuals and small businesses will be captured by this new regime.   

The privacy concerns for Americans who pay their taxes and would be swept into this account reporting program are real and should not be taken lightly. Financial institutions are already facing difficult customer questions about this proposal. According to the Department of Treasury, it only plans to use the data to increase audits for those who make over $400,000 a year. The likely question of any American taxpayer making less than that is: Why does the IRS need my account information if they aren’t going to use it? 

At its core, this program will collect financial “metadata” on nearly every American in the hope that the IRS will be able to discern patterns in aggregate numbers that do not correspond to tax liabilities and target audits only to those who are breaking the law. This is a substantial expansion of the IRS’s authority that, once established, is sure to expand rather than roll back.

We strongly urge the Administration to withdraw this reporting regime and consider how the IRS can use its existing authorities to directly focus on those taxpayers suspected of evading their taxes instead of casting such a wide net. 

Thank you for considering our perspective, and we stand ready to provide more details on our specific concerns at any time. 

Sincerely, 

Tire Industry Association and other trade associations

TIA Exploring Defect Issue: Hyundai and Kia

From: Joanna Johnson, AOCA (Automotive Oil Change Association) Policy Advisor

Regarding all of the following listed Hyundai and Kia models, have any TIA members experienced a customer’s dealership claiming an engine seizure was caused by the oil drain plug falling out mid-interval i.e., 1,000 – 8,000 miles post-aftermarket service?

AOCA is in the process of developing a NHTSA defect petition and related MMWA complaint to the FTC. Please report confidentially to TIA or AOCA by VIN, city/state, mileage between service and allegation of plug-out, and the result of any aftermarket inspection of the alleged plug-out engine.

We cannot use any case that does not provide a complete VIN. Consumer complaints to NHTSA and aftermarket professionals’ experience with inspecting these alleged plug-out engines thus far indicates some of the cases are actually rod punctures.

BACKGROUND: Hyundai and Kia have issued an extensive patchwork of recalls and/or TSBs for all the listed models—Theta, Nu & Gamma engines alike—on the subjects of excessive oil consumption and/or rod bearing problems that can ultimately cause engine seizure, including after a rod punctures the engine block. The discovery of this nearly make-wide defect and the automakers’ attempts to manage it came from studying a bizarre recent trend of mid-interval plug-out claims made by Hyundai and Kia dealerships nationwide in situations where specification parts and torque pressure had been used and could be verified. There may also be another defect associated with the factory oil drain pan assembly being made of cheap stamped steel and painted so that the factory gasket and plug are painted together onto the pan, thereby camouflaging the gasket and creating a risk of double-gasketing. The factory gasket appears to be plastic and must be pried off.

KIA VEHICLES

2014 – 2021 Kia Cadenza

2012 – 2021 Kia Forte

2021 K5 (DL3A)

2015 – 2021 K900 (KH, RJ)

2017 – 2021 Niro (DE, DE HEV)

2014 – 2021 Kia Optima

2011 – 2013 Kia Optima Hybrid

2018 – 2021 Rio (SC)

2015 – 2021 Kia Sedona

2021 Kia Seltos

2018 – 2021 Stinger (CK)

2012 – 2021 Kia Sorento

2012 – 2021 Kia Soul

2011 – 2021 Kia Sportage

2020 – 2021 Telluride (ON)

HYUNDAI VEHICLES

1997-2021 Hyundai Accent

1997 Hyundai Accent Gt

1997 – 2021 Hyundai Elantra

2013 – 2020 Hyundai Elantra GT

2007 – 2013 Hyundai Elantra Touring

2018 – 2022 Hyundai Kona

2019 – 2021 Hyundai Kona Electric

2000 – 2021 Hyundai Santa Fe

2019 Hyundai Santa Fe XL

2013 – 2018 Hyundai Santa Fe Sport

1997 – 2021 Hyundai Sonata

2011 – 2021 Hyundai Sonata Hybrid

2016 – 2019 Hyundai Sonata Plug-in Hybrid

2004 – 2021 Hyundai Tucson

2015-2017 Hyundai Tucson Fuel Cell

2011 – 2021 Hyundai Veloster

2021 Hyundai Genesis Gv80

2019-2021 Hyundai Genesis G70

2017-2021 Hyundai Genesis G80

2017-2020 Genesis G90

1997 Hypertek Dominator

2005-2017 Hyundai Azera

2006-2009 Hyundai Entourage

2009-2017 Hyundai Equus

1997-1998, 2001 Hyundai Excel

2008-2018 Hyundai Genesis

2010-2017 Hyundai Genesis Coupe

2020 Hyundai Genesis G70

2020 Hyundai Ioniq

2017-2020 Hyundai Ioniq Electric

2017-2020 Hyundai Ioniq Hybrid

2018-2020 Hyundai Ioniq Plug-In Hybrid

2019-2020 Hyundai Nexo

2019-2020 Hyundai Nexo Fuel Cell

2020-2021 Hyundai Palisade

1997 Hyundai Scoupe

1997-2008 Hyundai Tiburon

2001 Hyundai Trajet

2020-2021 Hyundai Venue

2007-2012 Hyundai Veracruz

1999-2002 Hyundai Xg

2004 Hyundai Xg 350

2001-2004 Hyundai Xg300

2001-2002 Hyundai Xg300l

2001-2006 Hyundai Xg350

 

Please contact: rlittlefield2@tireindustry.org if you have experienced this issue.

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