Tax Benefit Exchange frequently asked_questions

June Klein
June KleinCEO WorkLifeLearn Integrator

presented at Oxford Internet Institute 10 year anniversary. Hit all time top 10 downloads in social science research network's 50 million downloads and from over 100 distinct categories.

FREQUENTLY ASKED QUESTIONS
Q1. What is the Tax Benefit Exchange (TBE)?
Q2. Will the TBE increase the US government‟s deficit?
Q3. Will the TBE require the use of government money?
Q4. Will the TBE increase US gross domestic product (GDP)?
Q5. Will the TBE increase US employment?
Q6. How will the TBE be administered by the Internal Revenue Service (IRS)?
Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions?
Q8. Why isn‟t the use of the proceeds strictly tied to job creation?
Q9. Why not tie small businesses‟ ability to sell their tax depreciation deductions based on the salaries of
     employees hired with funds gained from the auction?
Q10. What is current progress, next step and end-date for implementing the TBE?
Q11. What needs to be amended to already existing law in the Internal Revenue Code to make this happen?
Q12. What is the affect on the deficit of an amendment to IRC Section 168?

                             ABOUT TBE JOB-ECONOMY SOLUTION CREATORS

Technology & Marketing Ventures, Inc. (TMVi) is a New York City based, management consultancy that helps
clients prosper from changing competitive landscapes via venture development. Since 1992, TMVi has provided
thought and execution leadership to institutions and governments. Their game-changing results are known as
Electronic-BoardroomTMVi® Solutions in education, networking, consulting, database, television and newsletter.
Amongst the novel ideas, integrated content, communications, distribution and products are collaborations with
the Oxford Internet Institute. Current efforts include global business outcomes of Fifth Estate movements; filling
academia-reality gaps via Distributed Public Expertise implementations; and internet governance challenges.
June Klein provides strategy and development for policy level leaders. Ira Klein‟s expertise is tax law and structure.

JUNE KLEIN is CEO, Technology & Marketing Ventures, Inc. and Creator Electronic-BoardroomTMVi® Solutions.
June has an MBA in Finance/Marketing from NYU Stern; Graduate Technology Certificate from IBM Systems
Research Institute; BS in Math/Education; Certificates in Corporate Governance and Computer Management.
She is a winner of British Airways 2011 face of opportunity; Ronald Reagan Entrepreneur award; Small
Businesswoman of the Year; International Consultants Award. Prior to founding her own business, she ran the
US Government Banking business at JPMorganChase; the Global Information Business at Citigroup; Bloomberg
project for the IBM-Merrill Lynch joint venture; financial services businesses at IBM and Wang; programming and
Arpanet use at Federal Reserve Bank of NY. She literally „wrote the book‟ on electronic trading… past, present
and „next chapter‟ in the global money business. Other publications include „Management of Social Values in
Education plus Business‟ and „The Information, Communication & Society‟ Journal.

IRA KLEIN General and Tax Counsel, Technology & Marketing Ventures, Inc.
Ira has a LLM in Taxation from NYU Law; JD from BU Law; BS in economics. He is an adjunct professor of Tax
Law in the MBA and Certified Financial Planner Programs at Fairfield‟s Graduate Business School. As Dow
Chemical-Union Carbide‟s Senior Tax Counsel, he crafted details of the1980s [similar recession time to today],
Tax Benefit Transfer Leases. TMVi has streamlined, automated and reinvented this previous job creating program
in order to spur on small business growth. Before joining Carbide, Ira was with a Wall Street Law firm.

October 19, 2011                             jklein@tmv.com iklein@electronic-boardroom.com            P 1 of 4
Q1. What is the Tax Benefit Exchange (TBE)?
    A. The TBE is an online exchange which matches sellers and buyers of new depreciation deductions. The
       sellers are small businesses and start-ups that buy new equipment, machinery, furniture, computers, etc.
       (collectively referred to as “equipment”) but cannot currently use the new tax depreciation deduction. The
       buyers are US business taxpayers who use private capital to buy the seller‟s new depreciation
       deductions. Such buyers reduce their US income tax liability by buying the new depreciation deductions
       from the small business/start-up sellers. The price for the new depreciation deductions is FMV
       determined on a bid and asked basis.

Q2. Will the TBE increase the US government‟s deficit?
    A. No. The TBE uses existing depreciation deductions already scored (calculated) by the Congressional
        Budget Office. In fact, the TBE is expected to reduce the deficit by stimulating small business growth,
        employment and revenue by the economic multiplier effect which ranges from 1.6 to 2. More details in
        answer to Q12.

Q3. Will the TBE require the use of government money?
    A. No. Private capital alone is used to buy the new depreciation deductions from small businesses/start-
         ups. Existing tax laws allowing depreciation for new equipment are used; no new tax incentives are
         required from the US government. Only a small change in the tax law allowing the sale of new
         depreciation deductions under current tax law is required.

Q4. Will the TBE increase US gross domestic product (GDP)?
    A. Yes. The TBE allows small businesses/start-ups to monetize (receive cash for) its new depreciation
        deductions they currently cannot use. This will spur investment. These funds are used to i) reduce debt
        of equipment purchased, ii) provide working capital, iii) expand or maintain existing business and/or iv)
        hire new employees. The use of the funds in these activities increases GDP.

Q5. Will the TBE increase US employment?
   A. Yes. Since about 70% of all new private sector employment derives from small businesses and
        start-ups, the TBE will directly, indirectly and favorably increase US employment.

        i) There will be an immediate increase in demand for new equipment. This will increase employment at
             the US equipment manufactures and US equipment sellers.
        ii) The TBE will enable start-ups to be created more easily because the cash cost of new equipment by
             selling the new depreciation deductions will be less than otherwise required. This will immediately
             increase employment at new start-up small businesses.
        iii) The TBE will enable existing small businesses to grow through the purchase of less costly new
             equipment. The cost of the new equipment will be reduced through the sale of new depreciation
             deductions. As small businesses grow, the need for labor and employment increases. Further,
             employment will increase because new equipment needs to be installed, operated and maintained.


Q6. How will the TBE be administered by the Internal Revenue Service (IRS)?
   A. The TBE will send a 1099 form for every transaction to the IRS, seller and buyer. Further, the IRS will
      create a one page form to be signed by the seller and buyer. The form contains i) description of the
      property whose depreciation is being sold, ii) a copy of the purchase order for the equipment iii) addresses
      of the seller and buyer, and iv) the tax ID numbers for the seller and buyer. Both seller and the buyer must
      attach a copy of this new one page form to their respective tax returns for the year of the sale of new
      depreciation deductions.

Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions?
   A. No. Since the seller is not selling the property, it will not report gain or loss on the transaction. However,
      the seller will make a basis adjustment to zero as if the asset is fully depreciated for tax purposes. Gain,
      loss, recapture would then follow existing tax rules. There is no change of cost basis for book purposes.



October 19, 2011                              jklein@tmv.com iklein@electronic-boardroom.com             P 2 of 4
Q8. Why isn‟t the use of the proceeds strictly tied to job creation?
   A. There are already a small amount of credits linked directly to increases in employment which have not
      worked. A few years ago, Congress passed a one-time repatriation of foreign earnings at 8% if the money
      was used to increase jobs and this legislation was a failure for various reasons.
      On the other hand, the reason the 1982-1983 tax benefit sale legislation was so successful was that it did
      not limit the use of the funds received on the sale.

         Jobs come from small businesses and businesses supplying equipment to small businesses. Small
         businesses should decide where to use the money instead of government micro managing the small
         business. If business expands, they will employ more people.

Q9.      Why not tie small businesses‟ ability to sell their tax depreciation deductions based on the salaries of
         employees hired with funds gained from the auction?
      A. Limiting the sale of depreciation deductions to reinvestment in jobs is difficult for the IRS to administer.
         Tracing the funds received on the sale of depreciation deductions to see if jobs are created would require
         a significant increase in the IRS‟s budget to avoid the prospect of fraud.
         In addition, the tying of salaries to deductions would result in an auction process that would create
         uncertainty in the mind of the buyer. Thus, the buyer either would (i) not buy or (ii) require an indemnity
         from a small business which is not practical or (iii) require a substantial discount from the seller thereby
         making the sale uneconomical for the seller.

Q10.     What is the current progress, next step and end date for implementing the TBE?
         A. Efforts below are in process for Congress to change the tax law to permit the sale of new depreciation
         deductions. Driving this tax law change is the 2012 election campaign and 5th estate movements which
         demand real, novel job solutions to jump start the small business economy and increase US employment.
         We expect passed legislation by Nov 2012. TMVi Tax Benefit Exchange™ is ready to go now.

         (i) Senate Finance Committee: NY Senator Kirsten Gillibrand and her Senior Economic Advisor, Robert
         Heckart reviewed the proposal on October 18, 2011 and are proceeding toward introducing it to the
         Senate Finance Committee.

         (ii) House Ways & Means Committee: CT Representative Jim Himes reviewed the proposal and wrote on
         June 27, 2011, “I believe that in these difficult economic times, all ideas must be on the table. Your
         proposal to allow businesses to sell unused tax credits [deductions] to other businesses to fund capital
         investments is quite interesting…”
         On October 20, 2011 Nancy Ploeger, Manhattan Chamber of Congress President gave the Crains feature
         article and frequently asked questions to NY Congresswoman Carolyn Maloney… “like Senator Gillibrand,
         she is all about coming up with ways to support small business.”

         (iii) President Obama: Valerie Jarrett, Senior Advisor to the President said on October 18, 2011 which
         aired on WABC-TV channel 7 and NY-TV channel 1, “I promise that this proposal will be reviewed.” At the
         Women‟s Economic Empowerment Summit, June Klein personally handed the proposal to Ms. Jarrett.
         June thanked her for helping accomplish the goal of TMVi 5th estate social change program: shorten the
         feedback cycle between expert public policy solutions and government decision-makers.

         (iv) Press includes publications like Crains New York Business and Social Science Research Network‟s
         Information & Communication Journal. Small business organizations supporting this proposal include
         Manhattan Chamber of Commerce, British Airways Global Entrepreneurs, and many others.

         (v) The global internet movement, Webgovernments.com, reviewed this job proposal and named June Klein
         an inspiring, featured country leader. http://TinyURL.com/3zrma5m http://tinyurl.com/4ygfjvp

         (vi) June Klein presented this global public policy initiative, her social change platform and 5th estate
         movement solutions at the Oxford Internet Symposium, Oxford Said Leadership Talks and British Airways
         2011 global entrepreneur winner event. A variation of TBE has been presented to UK‟s Minister of Finance
         and has been sent to the Chancellor of the Exchequer.

October 19, 2011                              jklein@tmv.com iklein@electronic-boardroom.com            P 3 of 4
Q11. What needs to be amended to already existing law in the Internal Revenue Code to make this happen?
      A. Currently, in order to claim depreciation deductions for property used in business, the taxpayer must
         be the legal owner or posses all the benefits and burdens of ownership. A simple amendment to IRC
         Section 168 to allow a small business owner to sell its new depreciation deductions under existing law
         is all that is needed. The IRS would administer compliance with the filing of a simple form signed by
         the small business seller and the buyer of the depreciation deductions.

   Q12. What is the affect on the deficit of an amendment to IRC Section 168?
        A. Since the proposal does not require new tax deductions, the deficit should not be impacted in any
        meaningful way. When the Congressional Budget Office, CBO, scored the current “cost” of the
        depreciation deductions, it assumed a certain composite marginal tax rate. If the buyers of the small
        business depreciation deductions are assumed to have a higher composite marginal tax rate than the
        current scored cost composite marginal tax rate, there could be a minute loss of revenue under a static
        CBO scoring analysis. However, if a CBO dynamic scoring analysis is utilized, revenue, jobs and GDP
        should increase substantially. The dynamic multiplier effect is 1.6 to 2 times.

         The history of economic growth following tax cuts, from the Kennedy tax cuts to the Reagan tax cuts to
         the Bush tax cuts, repeatedly shows that the micro thinking of static score predictions have been way
         off the mark [overestimating the "cost"] while the macro thinking of dynamic score predictions have
         been much closer to accurate.




October 19, 2011                           jklein@tmv.com iklein@electronic-boardroom.com          P 4 of 4

Recommended

Academy Sales 2011 slide by
Academy Sales 2011 slideAcademy Sales 2011 slide
Academy Sales 2011 slideClaudio Fasola
294 views24 slides
SANT VICENT FERRER INTRODUCCIÓ by
SANT VICENT FERRER INTRODUCCIÓSANT VICENT FERRER INTRODUCCIÓ
SANT VICENT FERRER INTRODUCCIÓJaume Costa
216 views6 slides
Academy Sales 2011 Persuasive Communication by
Academy Sales 2011 Persuasive CommunicationAcademy Sales 2011 Persuasive Communication
Academy Sales 2011 Persuasive CommunicationClaudio Fasola
602 views56 slides
Academy Sales 2011 Self Marketing & Self Empowerment by
Academy Sales 2011 Self Marketing & Self EmpowermentAcademy Sales 2011 Self Marketing & Self Empowerment
Academy Sales 2011 Self Marketing & Self EmpowermentClaudio Fasola
398 views24 slides
segmentation by
segmentationsegmentation
segmentationinsarul
306 views25 slides
Sales man to sales manager by
Sales man to sales managerSales man to sales manager
Sales man to sales managerWincent Joseph
1.5K views26 slides

More Related Content

More from June Klein

Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So... by
Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...
Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...June Klein
791 views1 slide
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio... by
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...June Klein
910 views2 slides
Most Innovative Financial Technologist Award for Technology & Marketing Ven... by
Most Innovative Financial Technologist Award for Technology  &  Marketing Ven...Most Innovative Financial Technologist Award for Technology  &  Marketing Ven...
Most Innovative Financial Technologist Award for Technology & Marketing Ven...June Klein
262 views1 slide
Tmv2pager editorial by
Tmv2pager editorialTmv2pager editorial
Tmv2pager editorialJune Klein
243 views2 slides
June Klein interview Most Innovative Financial Technologist by
June Klein interview Most Innovative Financial TechnologistJune Klein interview Most Innovative Financial Technologist
June Klein interview Most Innovative Financial TechnologistJune Klein
713 views1 slide
Investor presentation Paythru March 2015 by
Investor presentation Paythru  March 2015Investor presentation Paythru  March 2015
Investor presentation Paythru March 2015June Klein
641 views12 slides

More from June Klein(16)

Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So... by June Klein
Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...
Glass Award Innovation in Corporate Technology: Electronic-BoardroomTMVii® So...
June Klein791 views
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio... by June Klein
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...
Corporate Innovation in Technology Award: Electronic-BoardroomTMVi(r) Solutio...
June Klein910 views
Most Innovative Financial Technologist Award for Technology & Marketing Ven... by June Klein
Most Innovative Financial Technologist Award for Technology  &  Marketing Ven...Most Innovative Financial Technologist Award for Technology  &  Marketing Ven...
Most Innovative Financial Technologist Award for Technology & Marketing Ven...
June Klein262 views
Tmv2pager editorial by June Klein
Tmv2pager editorialTmv2pager editorial
Tmv2pager editorial
June Klein243 views
June Klein interview Most Innovative Financial Technologist by June Klein
June Klein interview Most Innovative Financial TechnologistJune Klein interview Most Innovative Financial Technologist
June Klein interview Most Innovative Financial Technologist
June Klein713 views
Investor presentation Paythru March 2015 by June Klein
Investor presentation Paythru  March 2015Investor presentation Paythru  March 2015
Investor presentation Paythru March 2015
June Klein641 views
Most Innovative Financial Technologist Award from Corporate LiveWire: Technol... by June Klein
Most Innovative Financial Technologist Award from Corporate LiveWire: Technol...Most Innovative Financial Technologist Award from Corporate LiveWire: Technol...
Most Innovative Financial Technologist Award from Corporate LiveWire: Technol...
June Klein1.3K views
Wm mlogoaward by June Klein
Wm mlogoawardWm mlogoaward
Wm mlogoaward
June Klein249 views
Wealth & Money Management Winner Logo by June Klein
Wealth & Money Management Winner LogoWealth & Money Management Winner Logo
Wealth & Money Management Winner Logo
June Klein278 views
Tmv press release by June Klein
Tmv press releaseTmv press release
Tmv press release
June Klein305 views
Crain's NY article features June Klein and Technology & Markeitng Ventures, INc. by June Klein
Crain's NY article features June Klein and Technology & Markeitng Ventures, INc.Crain's NY article features June Klein and Technology & Markeitng Ventures, INc.
Crain's NY article features June Klein and Technology & Markeitng Ventures, INc.
June Klein372 views
TMVi Business Concept by June Klein
TMVi Business ConceptTMVi Business Concept
TMVi Business Concept
June Klein48.7K views
TMVi Web Structure by June Klein
TMVi Web StructureTMVi Web Structure
TMVi Web Structure
June Klein69.5K views
Solution to small business financing growth by June Klein
Solution to small business financing growthSolution to small business financing growth
Solution to small business financing growth
June Klein750 views
Nancy ploeger1pager by June Klein
Nancy ploeger1pagerNancy ploeger1pager
Nancy ploeger1pager
June Klein448 views

Recently uploaded

Twitter Ads For Influencer Marketing by
Twitter Ads For Influencer MarketingTwitter Ads For Influencer Marketing
Twitter Ads For Influencer MarketingLetsESocialize .
5 views1 slide
Uranium Backed Crypto Tokens by
Uranium Backed Crypto TokensUranium Backed Crypto Tokens
Uranium Backed Crypto TokensInvestingTips
5 views17 slides
nysd-1-2015-cr-00379-443608-00635 (1).pdf by
nysd-1-2015-cr-00379-443608-00635 (1).pdfnysd-1-2015-cr-00379-443608-00635 (1).pdf
nysd-1-2015-cr-00379-443608-00635 (1).pdfTu Nota
2.7K views3 slides
Nicholas Bruneau Presentation at StratCom 2023 by
Nicholas Bruneau Presentation at StratCom 2023Nicholas Bruneau Presentation at StratCom 2023
Nicholas Bruneau Presentation at StratCom 2023Nicholas Bruneau
54 views18 slides
NE Nov 27.pdf by
NE Nov 27.pdfNE Nov 27.pdf
NE Nov 27.pdfwesmontfloresgfx
19 views16 slides
Kadapa_pdf58.pdf by
Kadapa_pdf58.pdfKadapa_pdf58.pdf
Kadapa_pdf58.pdfnarsireddynannuri1
5 views2 slides

Recently uploaded(7)

Tax Benefit Exchange frequently asked_questions

  • 1. FREQUENTLY ASKED QUESTIONS Q1. What is the Tax Benefit Exchange (TBE)? Q2. Will the TBE increase the US government‟s deficit? Q3. Will the TBE require the use of government money? Q4. Will the TBE increase US gross domestic product (GDP)? Q5. Will the TBE increase US employment? Q6. How will the TBE be administered by the Internal Revenue Service (IRS)? Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions? Q8. Why isn‟t the use of the proceeds strictly tied to job creation? Q9. Why not tie small businesses‟ ability to sell their tax depreciation deductions based on the salaries of employees hired with funds gained from the auction? Q10. What is current progress, next step and end-date for implementing the TBE? Q11. What needs to be amended to already existing law in the Internal Revenue Code to make this happen? Q12. What is the affect on the deficit of an amendment to IRC Section 168? ABOUT TBE JOB-ECONOMY SOLUTION CREATORS Technology & Marketing Ventures, Inc. (TMVi) is a New York City based, management consultancy that helps clients prosper from changing competitive landscapes via venture development. Since 1992, TMVi has provided thought and execution leadership to institutions and governments. Their game-changing results are known as Electronic-BoardroomTMVi® Solutions in education, networking, consulting, database, television and newsletter. Amongst the novel ideas, integrated content, communications, distribution and products are collaborations with the Oxford Internet Institute. Current efforts include global business outcomes of Fifth Estate movements; filling academia-reality gaps via Distributed Public Expertise implementations; and internet governance challenges. June Klein provides strategy and development for policy level leaders. Ira Klein‟s expertise is tax law and structure. JUNE KLEIN is CEO, Technology & Marketing Ventures, Inc. and Creator Electronic-BoardroomTMVi® Solutions. June has an MBA in Finance/Marketing from NYU Stern; Graduate Technology Certificate from IBM Systems Research Institute; BS in Math/Education; Certificates in Corporate Governance and Computer Management. She is a winner of British Airways 2011 face of opportunity; Ronald Reagan Entrepreneur award; Small Businesswoman of the Year; International Consultants Award. Prior to founding her own business, she ran the US Government Banking business at JPMorganChase; the Global Information Business at Citigroup; Bloomberg project for the IBM-Merrill Lynch joint venture; financial services businesses at IBM and Wang; programming and Arpanet use at Federal Reserve Bank of NY. She literally „wrote the book‟ on electronic trading… past, present and „next chapter‟ in the global money business. Other publications include „Management of Social Values in Education plus Business‟ and „The Information, Communication & Society‟ Journal. IRA KLEIN General and Tax Counsel, Technology & Marketing Ventures, Inc. Ira has a LLM in Taxation from NYU Law; JD from BU Law; BS in economics. He is an adjunct professor of Tax Law in the MBA and Certified Financial Planner Programs at Fairfield‟s Graduate Business School. As Dow Chemical-Union Carbide‟s Senior Tax Counsel, he crafted details of the1980s [similar recession time to today], Tax Benefit Transfer Leases. TMVi has streamlined, automated and reinvented this previous job creating program in order to spur on small business growth. Before joining Carbide, Ira was with a Wall Street Law firm. October 19, 2011 jklein@tmv.com iklein@electronic-boardroom.com P 1 of 4
  • 2. Q1. What is the Tax Benefit Exchange (TBE)? A. The TBE is an online exchange which matches sellers and buyers of new depreciation deductions. The sellers are small businesses and start-ups that buy new equipment, machinery, furniture, computers, etc. (collectively referred to as “equipment”) but cannot currently use the new tax depreciation deduction. The buyers are US business taxpayers who use private capital to buy the seller‟s new depreciation deductions. Such buyers reduce their US income tax liability by buying the new depreciation deductions from the small business/start-up sellers. The price for the new depreciation deductions is FMV determined on a bid and asked basis. Q2. Will the TBE increase the US government‟s deficit? A. No. The TBE uses existing depreciation deductions already scored (calculated) by the Congressional Budget Office. In fact, the TBE is expected to reduce the deficit by stimulating small business growth, employment and revenue by the economic multiplier effect which ranges from 1.6 to 2. More details in answer to Q12. Q3. Will the TBE require the use of government money? A. No. Private capital alone is used to buy the new depreciation deductions from small businesses/start- ups. Existing tax laws allowing depreciation for new equipment are used; no new tax incentives are required from the US government. Only a small change in the tax law allowing the sale of new depreciation deductions under current tax law is required. Q4. Will the TBE increase US gross domestic product (GDP)? A. Yes. The TBE allows small businesses/start-ups to monetize (receive cash for) its new depreciation deductions they currently cannot use. This will spur investment. These funds are used to i) reduce debt of equipment purchased, ii) provide working capital, iii) expand or maintain existing business and/or iv) hire new employees. The use of the funds in these activities increases GDP. Q5. Will the TBE increase US employment? A. Yes. Since about 70% of all new private sector employment derives from small businesses and start-ups, the TBE will directly, indirectly and favorably increase US employment. i) There will be an immediate increase in demand for new equipment. This will increase employment at the US equipment manufactures and US equipment sellers. ii) The TBE will enable start-ups to be created more easily because the cash cost of new equipment by selling the new depreciation deductions will be less than otherwise required. This will immediately increase employment at new start-up small businesses. iii) The TBE will enable existing small businesses to grow through the purchase of less costly new equipment. The cost of the new equipment will be reduced through the sale of new depreciation deductions. As small businesses grow, the need for labor and employment increases. Further, employment will increase because new equipment needs to be installed, operated and maintained. Q6. How will the TBE be administered by the Internal Revenue Service (IRS)? A. The TBE will send a 1099 form for every transaction to the IRS, seller and buyer. Further, the IRS will create a one page form to be signed by the seller and buyer. The form contains i) description of the property whose depreciation is being sold, ii) a copy of the purchase order for the equipment iii) addresses of the seller and buyer, and iv) the tax ID numbers for the seller and buyer. Both seller and the buyer must attach a copy of this new one page form to their respective tax returns for the year of the sale of new depreciation deductions. Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions? A. No. Since the seller is not selling the property, it will not report gain or loss on the transaction. However, the seller will make a basis adjustment to zero as if the asset is fully depreciated for tax purposes. Gain, loss, recapture would then follow existing tax rules. There is no change of cost basis for book purposes. October 19, 2011 jklein@tmv.com iklein@electronic-boardroom.com P 2 of 4
  • 3. Q8. Why isn‟t the use of the proceeds strictly tied to job creation? A. There are already a small amount of credits linked directly to increases in employment which have not worked. A few years ago, Congress passed a one-time repatriation of foreign earnings at 8% if the money was used to increase jobs and this legislation was a failure for various reasons. On the other hand, the reason the 1982-1983 tax benefit sale legislation was so successful was that it did not limit the use of the funds received on the sale. Jobs come from small businesses and businesses supplying equipment to small businesses. Small businesses should decide where to use the money instead of government micro managing the small business. If business expands, they will employ more people. Q9. Why not tie small businesses‟ ability to sell their tax depreciation deductions based on the salaries of employees hired with funds gained from the auction? A. Limiting the sale of depreciation deductions to reinvestment in jobs is difficult for the IRS to administer. Tracing the funds received on the sale of depreciation deductions to see if jobs are created would require a significant increase in the IRS‟s budget to avoid the prospect of fraud. In addition, the tying of salaries to deductions would result in an auction process that would create uncertainty in the mind of the buyer. Thus, the buyer either would (i) not buy or (ii) require an indemnity from a small business which is not practical or (iii) require a substantial discount from the seller thereby making the sale uneconomical for the seller. Q10. What is the current progress, next step and end date for implementing the TBE? A. Efforts below are in process for Congress to change the tax law to permit the sale of new depreciation deductions. Driving this tax law change is the 2012 election campaign and 5th estate movements which demand real, novel job solutions to jump start the small business economy and increase US employment. We expect passed legislation by Nov 2012. TMVi Tax Benefit Exchange™ is ready to go now. (i) Senate Finance Committee: NY Senator Kirsten Gillibrand and her Senior Economic Advisor, Robert Heckart reviewed the proposal on October 18, 2011 and are proceeding toward introducing it to the Senate Finance Committee. (ii) House Ways & Means Committee: CT Representative Jim Himes reviewed the proposal and wrote on June 27, 2011, “I believe that in these difficult economic times, all ideas must be on the table. Your proposal to allow businesses to sell unused tax credits [deductions] to other businesses to fund capital investments is quite interesting…” On October 20, 2011 Nancy Ploeger, Manhattan Chamber of Congress President gave the Crains feature article and frequently asked questions to NY Congresswoman Carolyn Maloney… “like Senator Gillibrand, she is all about coming up with ways to support small business.” (iii) President Obama: Valerie Jarrett, Senior Advisor to the President said on October 18, 2011 which aired on WABC-TV channel 7 and NY-TV channel 1, “I promise that this proposal will be reviewed.” At the Women‟s Economic Empowerment Summit, June Klein personally handed the proposal to Ms. Jarrett. June thanked her for helping accomplish the goal of TMVi 5th estate social change program: shorten the feedback cycle between expert public policy solutions and government decision-makers. (iv) Press includes publications like Crains New York Business and Social Science Research Network‟s Information & Communication Journal. Small business organizations supporting this proposal include Manhattan Chamber of Commerce, British Airways Global Entrepreneurs, and many others. (v) The global internet movement, Webgovernments.com, reviewed this job proposal and named June Klein an inspiring, featured country leader. http://TinyURL.com/3zrma5m http://tinyurl.com/4ygfjvp (vi) June Klein presented this global public policy initiative, her social change platform and 5th estate movement solutions at the Oxford Internet Symposium, Oxford Said Leadership Talks and British Airways 2011 global entrepreneur winner event. A variation of TBE has been presented to UK‟s Minister of Finance and has been sent to the Chancellor of the Exchequer. October 19, 2011 jklein@tmv.com iklein@electronic-boardroom.com P 3 of 4
  • 4. Q11. What needs to be amended to already existing law in the Internal Revenue Code to make this happen? A. Currently, in order to claim depreciation deductions for property used in business, the taxpayer must be the legal owner or posses all the benefits and burdens of ownership. A simple amendment to IRC Section 168 to allow a small business owner to sell its new depreciation deductions under existing law is all that is needed. The IRS would administer compliance with the filing of a simple form signed by the small business seller and the buyer of the depreciation deductions. Q12. What is the affect on the deficit of an amendment to IRC Section 168? A. Since the proposal does not require new tax deductions, the deficit should not be impacted in any meaningful way. When the Congressional Budget Office, CBO, scored the current “cost” of the depreciation deductions, it assumed a certain composite marginal tax rate. If the buyers of the small business depreciation deductions are assumed to have a higher composite marginal tax rate than the current scored cost composite marginal tax rate, there could be a minute loss of revenue under a static CBO scoring analysis. However, if a CBO dynamic scoring analysis is utilized, revenue, jobs and GDP should increase substantially. The dynamic multiplier effect is 1.6 to 2 times. The history of economic growth following tax cuts, from the Kennedy tax cuts to the Reagan tax cuts to the Bush tax cuts, repeatedly shows that the micro thinking of static score predictions have been way off the mark [overestimating the "cost"] while the macro thinking of dynamic score predictions have been much closer to accurate. October 19, 2011 jklein@tmv.com iklein@electronic-boardroom.com P 4 of 4