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The Trump administration
Potential employer implications
as of April 26, 2017
Page 2
► This presentation is provided solely for the purpose of enhancing knowledge
on tax matters. It does not provide tax advice to any taxpayer because it does
not take into account any specific taxpayer’s facts and circumstances.
► These slides are for educational purposes only and are not intended, and
should not be relied upon, as accounting advice.
► The views expressed by the presenters are not necessarily those of
Ernst & Young LLP.
► This presentation is © 2017 Ernst & Young LLP. All Rights Reserved.
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Ernst & Young LLP is a client-serving member firm of Ernst & Young Global Limited operating in the US.
Disclaimer
Page 3 The Trump Administration: Potential employer implications
The Trump Administration’s tax reform plan
Potential employer implications
Plan provisions Trump campaign proposal Potential implications
Parental leave The Trump campaign proposed up to
six weeks of paid leave for up to 46%
of a worker’s normal wages for new
mothers caring for a new born child.
This amount would be paid as an
unemployment insurance (UI) benefit,
funded by reducing fraud in the UI
program.
 More stringent requirements for
employer responses to state
unemployment insurance claim
notices.
 Action on previous Administrations’
proposals to raise the federal
unemployment wage base to higher
than the current $7,000.
Dependent care
savings account
The Trump campaign proposed up to
$2,000 per year tax-free
employer/employee contributions to
pay for child care or elder care
expenses. Balances can roll over from
year to year for future qualitied
expenses.
 Reduction in current dependent care
assistance benefits of $5,000 per
year, resulting in added employment
tax for employer-provided day care
and dependent care assistance
benefits in excess of $2,000 per year.
 Cafeteria plan design change to
eliminate the current “use or lose” on
dependent care assistance flexible
spending accounts.
Page 4 The Trump Administration: Potential employer implications
The Trump Administration’s tax reform plan
Potential employer implications
Plan provisions Trump campaign proposal Potential implications
Income tax rate
reduction
Under the Trump Administration’s April
26, 2017 plan, the current seven
income tax brackets with a highest
rate of 39.6% would be consolidated
under Trump’s tax plan to three--10%,
25% and 35% and the standard
deduction ($6,350 for 2017) would be
doubled. Itemized deductions other
than mortgage interest and charitable
gifts would be eliminated.
 Businesses that pay employee
income taxes on bonuses, taxable
relocation, etc. (i.e., gross up) would
see a reduction in compensation
expenses.
 Businesses that reimburse
international assignees for US
income tax could likewise see a
reduction in compensation expenses.
Social Security Trump has signaled his intent to
preserve Social Security; however,
the Social Security trust fund is
projected to have dedicated resources
sufficient to cover benefits only
through 2034.
 One option suggested to extend the
life of the Social Security trust fund is
removing the cap on Social Security
wages, set at $127,200 for 2017.
 Another option would privatize Social
Security, potentially increasing plan
administration costs for businesses.
Page 5 The Trump Administration: Potential employer implications
The Trump Administration’s tax reform plan
Potential employer implications
Provision Trump campaign proposal Potential implications
Immigration reform In his pledge to deter illegal
immigration, Trump has indicated his
support of mandatory e-Verify. Since
employment is a significant incentive
for illegal entry into the US, expect the
Trump Administration to focus on
employers and their hiring practices.
 Businesses should consider
voluntarily registration for e-Verify
where they are not already required
to do so.
 Expect harsher consequences for the
use of invalid Social Security
Numbers on Forms W-2 and tighter
restrictions and enforcement on the
use of the Individual Taxpayer
Identification Number (ITIN).
IRS administration Recently, the IRS has refused to
reduce or abate late-deposit and filing
penalties where in the past, similar
cases on appeal would have resulted
in abatement or penalties reduced.
 The Trump Administration may direct
the IRS to return to previous penalty
abatement policies.
Page 6 The Trump Administration: Potential employer implications
The Trump Administration’s tax reform plan
Potential employer implications
Provision Trump campaign proposal Potential implications
Overtime pay Effective December 1, 2016, the
Obama Administration effectively
increased the pay of many salaried
exempt employees by raising the
salary threshold to $913 per week
($47,476 per year), double the current
amount. This salary test will be
adjusted for inflation every three
years, and is expected to rise to $981
per week ($51,000 per year) when it is
first updated on January 1, 2020.
 The Trump administration has
obtained another in a series of
extensions, until June 30, 2017, to
file its reply brief in the Fifth Circuit
case challenging the Obama
Administration’s overtime rule.
 Trump has vowed to overturn
executive orders issued by President
Obama, and this could be one that is
reversed, or the impact on business
lessened. Should that occur,
businesses could save not only on
wage expense, but on related
employment taxes such as Social
Security and state unemployment
insurance in those jurisdictions with a
high wage base.
.
Page 7 The Trump Administration: Potential employer implications
Ernst & Young LLP
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The Trump Administration potential employment implications

  • 1. The Trump administration Potential employer implications as of April 26, 2017
  • 2. Page 2 ► This presentation is provided solely for the purpose of enhancing knowledge on tax matters. It does not provide tax advice to any taxpayer because it does not take into account any specific taxpayer’s facts and circumstances. ► These slides are for educational purposes only and are not intended, and should not be relied upon, as accounting advice. ► The views expressed by the presenters are not necessarily those of Ernst & Young LLP. ► This presentation is © 2017 Ernst & Young LLP. All Rights Reserved. EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms, of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Ernst & Young LLP is a client-serving member firm of Ernst & Young Global Limited operating in the US. Disclaimer
  • 3. Page 3 The Trump Administration: Potential employer implications The Trump Administration’s tax reform plan Potential employer implications Plan provisions Trump campaign proposal Potential implications Parental leave The Trump campaign proposed up to six weeks of paid leave for up to 46% of a worker’s normal wages for new mothers caring for a new born child. This amount would be paid as an unemployment insurance (UI) benefit, funded by reducing fraud in the UI program.  More stringent requirements for employer responses to state unemployment insurance claim notices.  Action on previous Administrations’ proposals to raise the federal unemployment wage base to higher than the current $7,000. Dependent care savings account The Trump campaign proposed up to $2,000 per year tax-free employer/employee contributions to pay for child care or elder care expenses. Balances can roll over from year to year for future qualitied expenses.  Reduction in current dependent care assistance benefits of $5,000 per year, resulting in added employment tax for employer-provided day care and dependent care assistance benefits in excess of $2,000 per year.  Cafeteria plan design change to eliminate the current “use or lose” on dependent care assistance flexible spending accounts.
  • 4. Page 4 The Trump Administration: Potential employer implications The Trump Administration’s tax reform plan Potential employer implications Plan provisions Trump campaign proposal Potential implications Income tax rate reduction Under the Trump Administration’s April 26, 2017 plan, the current seven income tax brackets with a highest rate of 39.6% would be consolidated under Trump’s tax plan to three--10%, 25% and 35% and the standard deduction ($6,350 for 2017) would be doubled. Itemized deductions other than mortgage interest and charitable gifts would be eliminated.  Businesses that pay employee income taxes on bonuses, taxable relocation, etc. (i.e., gross up) would see a reduction in compensation expenses.  Businesses that reimburse international assignees for US income tax could likewise see a reduction in compensation expenses. Social Security Trump has signaled his intent to preserve Social Security; however, the Social Security trust fund is projected to have dedicated resources sufficient to cover benefits only through 2034.  One option suggested to extend the life of the Social Security trust fund is removing the cap on Social Security wages, set at $127,200 for 2017.  Another option would privatize Social Security, potentially increasing plan administration costs for businesses.
  • 5. Page 5 The Trump Administration: Potential employer implications The Trump Administration’s tax reform plan Potential employer implications Provision Trump campaign proposal Potential implications Immigration reform In his pledge to deter illegal immigration, Trump has indicated his support of mandatory e-Verify. Since employment is a significant incentive for illegal entry into the US, expect the Trump Administration to focus on employers and their hiring practices.  Businesses should consider voluntarily registration for e-Verify where they are not already required to do so.  Expect harsher consequences for the use of invalid Social Security Numbers on Forms W-2 and tighter restrictions and enforcement on the use of the Individual Taxpayer Identification Number (ITIN). IRS administration Recently, the IRS has refused to reduce or abate late-deposit and filing penalties where in the past, similar cases on appeal would have resulted in abatement or penalties reduced.  The Trump Administration may direct the IRS to return to previous penalty abatement policies.
  • 6. Page 6 The Trump Administration: Potential employer implications The Trump Administration’s tax reform plan Potential employer implications Provision Trump campaign proposal Potential implications Overtime pay Effective December 1, 2016, the Obama Administration effectively increased the pay of many salaried exempt employees by raising the salary threshold to $913 per week ($47,476 per year), double the current amount. This salary test will be adjusted for inflation every three years, and is expected to rise to $981 per week ($51,000 per year) when it is first updated on January 1, 2020.  The Trump administration has obtained another in a series of extensions, until June 30, 2017, to file its reply brief in the Fifth Circuit case challenging the Obama Administration’s overtime rule.  Trump has vowed to overturn executive orders issued by President Obama, and this could be one that is reversed, or the impact on business lessened. Should that occur, businesses could save not only on wage expense, but on related employment taxes such as Social Security and state unemployment insurance in those jurisdictions with a high wage base. .
  • 7. Page 7 The Trump Administration: Potential employer implications Ernst & Young LLP Putting inform into Information Stay connected Like our payroll year-end page on Facebook Tour the EY payroll year-end checklist Learn about multistate payroll tax at EY get on board Follow EY on Twitter @EYEmploymentTax Visit EY on LinkedIn @Payroll Perspectives from EY