WASHINGTON — Sen. Ron Wyden, D-Ore., has filed an amendment to the compromise tax measure that would extend the Build America Bond program for a year, through 2011, with a 32% federal subsidy rate, and allow BABs to be current refunded.
However, it is not clear if Senate leaders will allow votes on any amendments to the legislation, which currently does not contain a BAB provision.
The Senate is now voting on whether to limit debate on the bill, which would pave the way for its passage. The vote has an open time frame and could last through the early evening to allow members delayed at airports by the bad weather to reach the Senate floor.
Sources said they expect Wyden to simply withdraw the amendment if the legislation cannot be amended.
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act, which was introduced Thursday night by Senate Majority Leader Harry Reid, D-Nev., also would not extend other muni bond-related tax incentives such as the alternative minimum tax exemption for private-activity bonds, recovery zone bonds, or the authority for federal home loan banks to issue letters of credit for tax-exempt debt.
The bill would extend the Bush administration tax cuts for two years, unemployment benefits for 13 months, and exempt taxes on estates of $5 million for individuals. It contains few bond provisions.
It would extend qualified zone academy bonds through 2011 and authorize $400 million more for them, but only as tax-credit bonds without any direct-pay option similar to BABs.
The bill would not prevent muni issuers from continuing to sell qualified school construction bonds, qualified energy conservation bonds, and clean renewable energy bonds already allocated with the direct-pay option, even after 2010. QSCB issuers get payments from the federal government equal to the lesser of the bonds’ actual interest rate or the tax credit rate. QECB and CREB issuers get payments equal to 70% of their interest cost.
The bill also contains a two-year extension, through 2012, for an arbitrage-rebate exception for school construction bonds and would allow issuers to sell private-activity bonds outside of state volume caps for certain qualified education facilities.
The authority to issue New York Liberty Zone bonds and Gulf Opportunity Zone bonds would be extended through 2011, along with certain tax incentives associated with them. The ability to deduct state and local sales taxes in lieu of state and local income taxes also would be extended through 2011.
