House approves “clean” FAA authorization bill; only aviation-related tax provisions

House approves “clean” FAA authorization bill

The U.S. House of Representatives last night passed by voice vote a resolution concurring to Senate amendments to H.R. 636, the legislative vehicle for reauthorizing Federal Aviation Administration (FAA) programs, with House amendments. This resolution reflects a bipartisan, bicameral agreement on the FAA bill that was reached on July 6.

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The FAA reauthorization bill would extend through September 30, 2017, the following taxes and tax rates that are dedicated to the airport and airway trust fund: 

  • The imposition of tax at an increased rate on certain removals, entries, and sales of aviation gasoline and kerosene used in noncommercial aviation 
  • The tax on amounts paid for taxable transportation of persons by air 
  • The tax on amounts paid for taxable transportation of property by air 
  • The exemption for aircraft in fractional ownership aircraft programs.

The bill does not include tax provisions unrelated to aviation.

The House passed the resolution under suspension of the rules, a procedure that requires the vote of at least two-thirds of voting members to pass a bill.

What’s next?

The airport and airway trust fund taxes currently are set to expire July 15, 2016. In a joint statement describing the bipartisan, bicameral agreement with respect to the legislation, the chairmen and ranking members of the House and Senate transportation committees indicated that they “look forward to sending this measure to the president before the July 15 expiration of the FAA’s current authorization.”

KPMG observation

If H.R. 636 becomes law in its current form, it is not clear whether or not there will be another “legislative vehicle” for other tax law changes to be enacted this year. In particular, a number of tax preferences will expire in 2016, if not further extended, and technical corrections to previously enacted legislation are pending.

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