13 April 2018

White House and Treasury Announce Fundamental Change to Tax Rulemaking

After months of trading punches Director Mick Mulvaney of the White House’s Office of Management and Budget (OMB) and Treasury Secretary Steven Mnuchin released a memorandum of agreement (MOA) that creates a new framework for writing, reviewing, and implementing tax regulations.  In short, the MOA requires OMB’s Office of Information and Regulatory Affairs (OIRA) to review major tax regulations—just as it does major rulemakings from any other executive branch agency.  This is a fundamental change from a 1983 agreement, under which Treasury had hitherto operated, that exempted most tax regulations from review.

 

Under the new MOA, tax rulemaking will be subject to review by OIRA if it would:

1.       Create a serious inconsistency with another agency.

2.       Raise novel legal or policy issues.

3.       Have an annual non-revenue effect of $100 million or more on the economy (measured against a no-action baseline).

 

Additionally, Treasury will notify OIRA of any upcoming planned tax rulemakings in a quarterly report.  OIRA generally has 45 days to complete its review of relevant rulemakings, but in certain instances it can be as short as 10 days, if the OIRA administrator and the Treasury Secretary agree to an expedited timetable.

 

Critics of the new MOA argue that it will slow Treasury’s rulemaking significantly just at the time when taxpayers need guidance as quickly as possible. Delayed rulemaking will present significant challenges for taxpayers who are waiting for guidance to determine their tax liability under the new tax law, many of whose provisions are already in effect.  They argue that it will leave businesses flying blind.  The Administration, however, believe that it will not noticeably delay tax rulemaking and noted that the vast majority of tax regulations will still be promulgated by Treasury without review.  OIRA review would only apply to a small subset of rules, like those for the new passthrough deduction, that may have major impacts on the economy.  OIRA has also begun hiring more tax experts to prepare for its new role.

 

Please contact our team if you would like more information.

 

Blog TopicInfo
Print
«October 2025»
MonTueWedThuFriSatSun
29301

Grant Due: FY 2025-2026 Innovative Finance and Asset Concession (IFAC) Grant Program

WHAT DOES IT FUND? The purpose of this program to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in entering into Asset Concessions. Click here for more information.

WHO'S ELIGIBLE? Public entities that own, control, or maintain Existing Assets, and have the legal authority to enter a contract to transfer ownership, maintenance, operations, revenues, or other benefits and responsibilities for those Assets

TOTAL FUNDING AMOUNT? $45.98 million

WHEN IS IT DUE? October 1, 2025

Read more
2345
678

Grant Due: FY 2025 Rural and Tribal Assistance Pilot Program (Updated)

WHAT DOES IT FUND? The purpose of this program is to help applicants develop transportation infrastructure projects in rural and tribal communities that will qualify for federal funding and financing programs for additional development phase activities or construction. Funding will support either the hiring of staff or the procurement of expert firms to provide financial, technical, and legal assistance with project-related planning and design phase activities. Click here for more information.

WHO'S ELIGIBLE? Rural local governments or political subdivisions, states, federally recognized tribes, and the Department of Hawaiian Homelands

TOTAL FUNDING AMOUNT? $54.2 million

WHEN IS IT DUE? October 8, 2025

Read more
9101112
1314

Grant Due: FY 2025-2029 Residential (Group Home, Shelter, Transitional Foster Care) Services for Unaccompanied Alien Children

WHAT DOES IT FUND? The purpose of this program is to provide temporary residential care to unaccompanied alien children by supporting group home, shelter, and transitional foster care (TFC) providers that specialize in high-quality care of children. Click here for more information.

WHO'S ELIGIBLE? State and local governments, educational institutions, Native American tribal governments, non-profit organizations, for-profit organizations, small businesses, and faith-based and community organizations

TOTAL FUNDING AMOUNT? $1.5 billion

WHEN IS IT DUE? October 14, 2025; April 1, 2026; September 1, 2028

Read more
1516171819
20212223242526
272829303112
3456789

US Congressional Calendar

9 December 2024

TFG Presents 2025 Congressional Calendar

The Ferguson Group (TFG) compiled a 2025 Congressional Calendar with session and recess dates for the U.S. House of Representatives and U.S. Senate 119th congressional session. 

Latest TFG News

28 January 2025

TFG Monitoring Developments of Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs

On January 27, the Office of Management and Budget (OMB) under President Trump issued a memorandum titled “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs.” The directive mandates Federal agencies to temporarily suspend the obligation and disbursement of federal financial assistance while conducting a comprehensive review of programs and awards to ensure alignment with the administration’s policies and priorities. As part of this review, agencies are also instructed to temporarily suspend the issuance of new program solicitations.

Meet a Team Member

Ann Durand

Ann Durand

Associate

Latest Coronavirus Updates