Winners and Losers in Democrats’ Signature Tax and Energy Bill

What You Need to Know

  • Here’s a look at which groups and politicians come out on top and who takes a hit from the landmark bill, which now moves to the House.

President Joe Biden and Senate Majority Leader Chuck Schumer are the biggest winners now that a huge piece of the Democrats’ economic agenda is hurtling toward enactment.

The tax and energy bill passed Sunday after a year and a half of rocky negotiations that divided the party. It gives Democrats tangible progress on key issues to show voters in the midterm elections this November.

Biden’s popularity nose-dived a year ago in the wake of the haphazard Afghanistan pullout and rising inflation — and a year of infighting among Democrats over the domestic agenda. That squabbling is in the past and Biden can say a cornerstone of his agenda will become law.

Schumer was slammed last year for failing to unite his caucus behind Biden’s Build Back Better plan. He managed to revive a slimmed-down version of the deal, navigate last-minute holdups and blindside Republicans hours after they gave up leverage by allowing a bipartisan semiconductor bill to pass.

Here’s who else comes out on top and who takes a hit from the landmark bill:

WINNERS

The Wealthy

None of the billions of dollars in tax increases Democrats floated a year ago on high-earning Americans made it into the final version of the bill, including proposals to double the capital gains rate, increase taxes on inheritances and levy a surcharge on millionaires.

Despite rhetoric from Democrats that they wanted the richest Americans to pay much more, there was no consensus within the party to pass a bill that raises levies on the 1%.

Private Equity

Private equity fund managers were able to dodge a tax increase that Senator Joe Manchin wanted, but fellow moderate Democrat Senator Kyrsten Sinema insisted it be taken out of the bill. Manchin wanted to narrow a tax break known as carried interest, which allows fund managers to pay lower capital gains rates on their earnings.

The private equity industry was able to gain an additional win shortly before the final passage of the bill when a handful of Democrats broke with their party to vote on a Republican amendment that created a carveout for private equity-owned companies in the corporate minimum tax.

Manchin, Cinema

The entire contents of the bill were essentially cherry-picked by Manchin and then tweaked to fit Sinema’s preferences. The two moderates amassed huge leverage with their willingness to accept no bill at all — and attacks from progressives — rather than a bill with provisions they opposed.

The pair were also able to score some direct benefits for their states as part of the negotiations: Manchin secured an agreement to permit the completion of the Equitrans Midstream Corp.’s Mountain Valley Pipeline, and Sinema was able to get $4 billion for drought relief in western states.

Electric Carmakers

The deal extends a popular $7,500 per vehicle consumer tax credit for the purchase of electric vehicles, a win for EV makers like General Motors Co., Tesla Inc. and Toyota Motor Co. But to win the backing of Manchin, companies will have to comply with tough new battery and critical minerals sourcing requirements that could render the credits useless for years for many manufacturers.

Not all manufacturers stand to benefit from the credit. New cars that cost more than $55,000 and $80,000 for pickups and SUVs won’t qualify for the credits.

Renewable Energy

Solar company Sunrun Inc., energy storage and software provider Stem Inc., and hydrogen and fuel cell company Plug Power Inc. stand to benefit from generous tax credits in the bill.

Nuclear reactor operators such as Southern Co., Constellation Energy Corp., Public Service Enterprise Group Inc. and Energy Harbor Corp. also could see a boon from a $30 billion production tax credit for nuclear power providers.

Oil Companies

Oil and gas got a boost alongside newer energy sources. The bill, which could mandate more federal oil and gas lease sales and boost an existing tax credit for carbon capture, won praise from companies such as Exxon Mobil Corp. and Occidental Petroleum Corp.

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