The latest pushback from President Joe Biden's tax plans come from 13 House Democrats via a letter to Speaker Nancy Pelosi, D-Calif., and other House Democratic leaders asking for an exemption for family farms from the stepped-up in basis tax hit.
"The requirement to recognize capital gains at death runs the risk of forcing farms and ranches to sell part, or all, of a farm that may have been passed down for several generations in order to pay the tax burden," wrote the Democrats, who include some that are viewed as potentially being vulnerable incumbents.
According to the Penn Wharton Budget Model, estimates that raising the top capital-gains tax rate to 43.4% would shrink federal revenue by $33 billion over 10 years, a smaller hit than the Tax Foundation's projected loss of $124 billion.
To compensate, the Biden administration has proposed a $1 million cap on the "step-up in basis," which excludes unrealized gains from taxation at death. The Wall Street Journal labeled it a "backdoor death tax," and Penn Wharton estimates the change would raise up to $113 billion over a decade.
USDA pledged that the Biden plan included exempting agriculture from the capital gains/stepped up basis, but clearly those assurances are not enough for the Democratic lawmakers penning the letter to leaders. It also underscores the Biden tax plan faces potential issues ahead relative to having enough support. Based on history, the farm family carveout is likely the first of many requests ahead.