Legislative Tax Practice

The Tax Cuts and Jobs Act included the widest-ranging changes to the Internal Revenue Code since 1986. Many of the changes it included expire at the end of 2025, unless Congress acts. Holland & Knight was active during the Act's development and passage, garnishing significant wins for many of our clients. Our attorneys and policy advisors are intently focused on forthcoming 2025 legislative tax changes and how they might affect our clients, as well as identifying opportunities that the changes bring. We are also constantly monitoring and involved in regulatory tax changes, with advocacy before the Treasury Department and IRS.

Holland & Knight has a deep bench of advocates who have held policymaking positions under both Republican and Democratic leaders in Washington. This gives us bipartisan insight into the legislative and rulemaking processes – no matter which party wins an election. Holland & Knight also has deep knowledge and experience in the regulatory process given our collective experience working within the government at the Treasury Department and IRS.

Our team also represents clients before the Organization for Economic Cooperation and Development (OECD) and advocates for changes to Pillar One, Pillar Two, the Common Reporting Standard and other OECD projects.

In addition, our team is well situated to handle tax-related congressional investigations. We work closely with Holland & Knight's Congressional Investigations Team, which consists of professionals who have led congressional investigations as committee chairpersons, served as investigative staff on both the House Ways and Means and the Senate Finance committees, served with the U.S. Department of Justice's Tax Division and have a record of success as white collar litigators.

Comprehensive Legislative Tax Services

Our Legislative Tax Team represents a range of businesses and industries. These include national nonprofit organizations (e.g., trade associations, public charities and social welfare organizations), Native American tribal governments, multinational enterprises and businesses in almost every industry.

Holland & Knight's services include the following:

• advocating for proposed tax law changes
• providing technical analysis of existing tax statutes
• assisting with the development of legislative proposals
• monitoring legislative activities
• advocating for guidance by the Treasury Department and IRS, including under the Inflation Reduction Act
• assisting with technical submissions, such as comment letters, statutory drafts and congressional hearing testimony
• representing clients in tax-related congressional oversight and investigations
• advocating for changes to the Pillar Two Model Rules and related administrative guidance
• advocating for changes to the Pillar One multilateral convention

Bipartisan Experience in Congress and the White House

Key members of our Legislative Tax Team include:

• four former members of Congress, including a former Republican congressman who was a senior member of the powerful tax law-writing House Ways and Means Committee
• a former senior White House adviser and many congressional staff members, including a senior policy advisor to then-Sen. Kamala Harris
• a former chief of staff for the House Republican Conference who has been named a "Top Lobbyist" by The Hill for seven consecutive years
• a former Treasury executive and senior adviser to the IRS Commissioner
• a former counsel to the House Ways and Means Committee and general counsel and chief oversight counsel to the Senate Finance Committee

Representative Engagements

Holland & Knight is committed to achieving positive outcomes for our clients. Some highlights of our accomplishments in the legislative tax arena include the following:

• obtained favorable guidance under the Inflation Reduction Act (IRA), including under the advanced manufacturing production tax credit and the Internal Revenue Code's Section 45X and Section 30D, the new clean vehicle tax credit
• advocated for appropriate guidance under the new deduction available to pass-through entities – met with Treasury and IRS officials, the Office of Management and Budget (OMB) and the Joint Committee on Taxation
• advocated for changes to the Modernization of Derivatives Act
• advocated for favorable guidance under the new corporate alternative minimum tax and stock repurchase excise tax
• created ad hoc coalitions and advocated to address changes to international tax provisions, including Global Intangible Low-Taxed Income (GILTI) rules and limitations on interest expense deductions
• assisted numerous clients in understanding guidance on the new international tax provisions and met with congressional members regarding the need for statutory corrections
• obtained federal excise tax relief for medical inhalers
• resolved a cooperative tax issue for a national hospital group purchasing organization
• secured a special exemption from the federal unemployment tax for tribal governments and tribal enterprises
• created a coalition advocating for tax law changes that would encourage donations of conservation easements and ensure that audits by the IRS are conducted fairly and efficiently
• advocated for tax law changes that would facilitate clean coal and alternative renewable energy technologies
• analyzed and advocated against various proposals to stiffen the tax filing, disclosure, corporate governance and community benefit requirements imposed on tax-exempt organizations
• advocated for technical and policy changes to an excise tax simplification provision, defeating an attempt to apply the unrelated business income tax to tribal government enterprise revenue
• helped enact favorable tax treatment of the income and expenses of Alaska Native subsistence whaling
• served as counsel to industry advocacy groups, including those for the low-income housing tax credit and rural housing developers
• advocated for legislative and regulatory changes to permit the deductibility of research expenses
• obtained favorable guidance regarding updates to the Common Reporting Standard
• obtained favorable guidance regarding the treatment of IRA credits under Pillar Two administrative guidance