GOVERNMENT AFFAIRS
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December 10th, 2021

This Week in Illinois
Chamber Letter to Congressional Delegation: Preserve the Federal EBITDA Standard for Business Interest Deductions

This week, the Illinois Chamber sent a letter to members of the Illinois congressional delegation in support of the EBITDA standard for business interest deductions. The Illinois Chamber joins the US Chamber and the National Association of Manufacturers in their effort to ensure that Permanently Preserving America’s Investment in Manufacturing Act (S. 1077/H.R. 5371), is passed to permanently preserve an EBITDA standard.

S.1077/H.R. 5371 would preserve current law for interest deductibility, permanently protecting the current EBITDA standard and ensuring that job creators across the country are not hit with increased financing costs and reduced liquidity as they work to recover from the economic damage caused by COVID-19.

In part, the letter says the following:

As you are likely aware, current law limits businesses’ interest expense deductions to 30% of earnings before interest, tax, depreciation, and amortization (EBITDA) for tax years through 2021. Starting in 2022, interest deductions will be limited to 30% of earnings before interest and tax (EBIT). By excluding depreciation and amortization, the stricter EBIT standard will make it more expensive for capital-intensive companies to finance critical purchases and grow their businesses.

The industries most impacted by the change from EBITDA to EBIT are critical to the Illinois and U.S. economy: the information and manufacturing industries will pay the most in new tax obligations under an EBIT standard, while accommodation and food services (3,462%), mining (2,840%), and transportation and warehousing (2,531%) will experience the greatest tax increases.

The Illinois Chamber reached out to our Congressional Delegation to ask for their support on this important measure. We encourage any business that would be impacted by this change to do the same.

For more information on this issue, check out this great 1-pager by our friends at the Coalition for America's Interest.

Read our full letter to the Congressional Delegation here.

Thompson Op-Ed: Local Properties Should Not Serve as Politicians' Purse Strings

Kelly Thompson, Project Manager with the Illinois Environmental Regulatory Group, penned an op-ed in The State Journal-Register about thousands of property owners in Sangamon County, herself included, paying higher property taxes due to the annexation of their property.

Thompson writes, "The process for this annexation or addition of properties, written into law is skewed and doesn’t allow for the proposed property owners to have the ability to oppose or fight the annexation before it goes to a vote.”

Read the full article here.
Bills of Interest Signed into Law

There were no bills of interest signed in the past week.
OSHA COVID-19 Employer Mandate Updates

Late last month, the Occupational Safety and Health Administration (OSHA) suspended enforcement of its Emergency Temporary Standard (ETS) on private sector employers. Previously, the 5th U.S. Circuit Court of Appeals ordered OSHA to not enforce the ETS pending judicial review.

The 6th U.S. Circuit Court of Appeals was selected to hear a consolidated case challenging the ETS. The 6th Circuit Court has ruled against other government entities in pandemic-related cases. For those watching the Courts, the Biden Administration asked the 6th Circuit Court to lift the stay on the ETS. Reports note that the Court will not rule on the on the request until after December 10th.

Our thanks go out to the US Chamber of Commerce who has a team of experts working this extremely important issue. Frequently asked questions on the COVID-19 Vaccination and Testing ETS are provided by the US Department of Labor here.

If there are any further developments we will keep you promptly informed.
Session Update

The Illinois General Assembly will return to Springfield on January 4, 2022. No other session dates are scheduled for this year.

The 2022 session calendar beginning in January was released late last month. View the 2022 House calendar here. View the 2022 Senate calendar here.
Connect with the Chamber
If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.