- Potential benefitIncreases after-tax cash flow for firms that invest in tangible capital (equipment, buildings, and other qualified prop…
- Potential benefitMakes R&D costs immediately deductible again, lowering effective cost of research for startups and established firms an…
- StatesIndexes depreciation for rental and commercial real property to inflation/GDP deflator, preventing erosion of depreciat…
CREATE JOBS Act
Referred to the House Committee on Ways and Means.
The bill would (1) make bonus (100%) first-year expensing for qualified property permanent by amending Internal Revenue Code section 168(k); (2) add a new “neutral cost recovery” adjustment (section 168(n)) that increases depreciation deductions for residential rental and nonresidential real property over time using the GDP deflator and a 3% annual factor (with an irrevocable per-property opt-out), and (3) restore immediate deductibility for research and experimental (R&E) expenditures (amending section 174) while preserving an election to amortize such expenditures. The bill includes conforming changes, defines treatment for pass-through entities, and sets effective dates (including applying the R&E change to taxable years beginning after 2021).
Distributional effects and fiscal offsets: progressives emphasize revenue loss and inequality; conservatives emphasize growth and business certainty.
Relative to its intended legislative type, this bill is a substantive tax-law revision with detailed statutory language that specifies concrete modifications to the Internal Revenue Code, but it does not include fiscal offsets, comprehensive administrative implementation direction, or formal oversight and reporting provisions.
The bill would (1) make bonus (100%) first-year expensing for qualified property permanent by amending Internal Revenue Code section 168(k); (2) add a new “neutral cost recovery” adjustment (section 168(n)) that increases depreciation deductions for residential rental and nonresidential real property over time using the GDP deflator and a 3% annual factor (with an irrevocable per-property opt-out), and (3) restore immediate deductibility for research and experimental (R&E) expenditures (amending section 174) while preserving an election to amortize such expenditures.
The bill includes conforming changes, defines treatment for pass-through entities, and sets effective dates (including applying the R&E change to taxable years beginning after 2021).
Overall, it accelerates and expands tax deductions for business investment, particularly tangible property, real estate, and R&D spending.
On content alone the bill contains significant, permanent tax cuts for businesses and onerous retroactive provisions without offsets, making it costly and politically sensitive in typical legislative dynamics. While elements may attract strong industry support and could be broken into narrower, more sellable pieces, the package as written is unlikely to clear both chambers and be enacted absent accompanying pay‑fors, broad coalition building, or substantial modification.
Relative to its intended legislative type, this bill is a substantive tax-law revision with detailed statutory language that specifies concrete modifications to the Internal Revenue Code, but it does not include fiscal offsets, comprehensive administrative implementation direction, or formal oversight and reporting provisions.
Distributional effects and fiscal offsets: progressives emphasize revenue loss and inequality; conservatives emphasize growth and business certainty.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesLowers federal tax revenues (potentially substantially over a multi-year window) because accelerated deductions defer o…
- StatesDisproportionately benefits owners of capital and larger firms that make the largest capital outlays (including some re…
- Federal agenciesMay create state fiscal pressures and complexity because states that conform to federal taxable income would see revenu…
Why the argument around this bill splits.
Distributional effects and fiscal offsets: progressives emphasize revenue loss and inequality; conservatives emphasize growth and business certainty.
A mainstream liberal would view the bill as a pro-business package that accelerates tax deductions for corporations, landlords, and pass-through owners.
They would acknowledge that faster expensing and immediate R&D deductions can encourage investment, but worry that the measures primarily benefit capital owners and real estate interests and reduce federal revenue.
They would be skeptical about distributional impacts and the lack of targeted safeguards for workers, climate priorities, or funding offsets.
A centrist/technocratic observer would see clear pro-growth intent: making bonus depreciation permanent and restoring immediate R&E expensing reduces tax friction on investment and increases predictability.
They would balance that against fiscal concerns: permanent tax provisions can worsen deficits unless offset and may produce windfalls for owners of existing assets.
They would look for clearer scoring, targeted design, and administrative details (e.g., how the neutral cost recovery ratio is calculated and applied).
A mainstream conservative would view the bill favorably as a pro-growth, pro-investment tax reform: making 100% bonus expensing permanent and allowing immediate R&E deductibility reduces the penalty on capital formation.
They would welcome increased certainty for businesses and the potential to spur investment, startups, and economic growth.
Some deficit-focused conservatives might worry about the revenue cost, but many will prioritize supply-side benefits and tax simplification.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
On content alone the bill contains significant, permanent tax cuts for businesses and onerous retroactive provisions without offsets, making it costly and politically sensitive in typical legislative dynamics. While elements may attract strong industry support and could be broken into narrower, more sellable pieces, the package as written is unlikely to clear both chambers and be enacted absent accompanying pay‑fors, broad coalition building, or substantial modification.
- No official budgetary estimate is included in the bill text provided; the magnitude and timing of revenue effects are therefore unknown but likely material—CBO/Joint Committee estimates would strongly influence floor consideration.
- Political support and opposition (e.g., whether the bill would be advanced as part of a larger negotiated tax package or offered standalone) are not specified in the text and would affect feasibility.
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Distributional effects and fiscal offsets: progressives emphasize revenue loss and inequality; conservatives emphasize growth and business…
On content alone the bill contains significant, permanent tax cuts for businesses and onerous retroactive provisions without offsets, makin…
Relative to its intended legislative type, this bill is a substantive tax-law revision with detailed statutory language that specifies concrete modifications to the Internal Revenue Code, but it does not include fiscal…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.