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Tax policy outlook and implications
Oil, gas and chemicals companies should also benefit from Trump’s likely tax priorities, especially the looming expiration of the 2017 Tax Cut and Jobs Act (TCJA). Republican control of government allows Congress to pursue budget reconciliation whereby tax measures need only a simple majority vote and are not subject to Senate cloture rules requiring 60 votes, which should ease the path to passage, but the Republicans’ thin majority in the House may eventually temper expectations. There remain a significant portion of House Republicans signaling concern about the federal budget deficit implications of further tax cuts, so a tax package may need to reduce the level of tax cuts, raise additional revenue or reduce spending to firm up support.
A potential lowering of the corporate tax rate, however, from 21% to 15% for so-far-unspecified domestic products or domestic manufacturing activity could encourage oil, gas, and chemical investments but would put even more pressure on the budgetary impact of the bill. Other tax-specific issues that could be at play include returning the calculation of Section 163(j) interest deductibility provisions to EBITDA (instead of EBIT), expanding research and development (R&D) provisions to provide for expensing, and making 100% expensing for certain investments and capital expenditures permanent. Provisions that accelerate cost recovery and lower after-tax burdens may result in increased investment activity.
Although TCJA provisions do not expire until the end of 2025, the positions of the Congressional party leaders will be revealed early in the year. Republican policymakers will want to move as quickly as possible (ideally the first 100 days) on tax cuts to create as much distance between a required vote to temporarily suspend the debt ceiling which technically expires on January 1 but is unlikely to get a vote until summer of 2025. An early decision will be required on the revenue target for the budget reconciliation process (the amount by which the debt changes over 10 years). Negotiations around that target number will signal the level of concern among Republicans of the rising deficit and historic federal debt vis a vis the importance of new or extensions of tax cuts.
Separately, the incoming administration is likely to focus on the Inflation Reduction Act (IRA). While some of the measure’s energy tax credits could come under fire, a complete repeal seems unlikely. That said, scaling back, phasing out or downshifting for certain incentives (such as electric vehicle (EV)-related provisions) may be possible. Other incentives, however, have more bipartisan support and are expected to continue, for example, carbon capture and blue hydrogen projects. Likewise, provisions that support US manufacturing (such as the manufacturing production tax credit) are likely to remain in place.