Go ahead and file your taxes, says D.C. CFO amidst confusing fight over tax law
No pause or delayed deadlines are now expected.
No pause or delayed deadlines are now expected.
If you are a real early bird or have been blissfully unaware of the city’s tax code drama, you may have already filed your D.C. tax returns. But like me, you may have been waiting for the final word on whether a convoluted fight over local and federal tax laws — which could have resulted in significant delays for local taxpayers — was settled.
Well, the final word is here: Go forth and file, brave subjects.
In a letter sent Wednesday to Mayor Muriel Bowser and D.C. Council Chairman Phil Mendelson, D.C. Chief Financial Officer Glen Lee said the current tax-filing season will continue without interruption, and the usual April 15 deadline still applies.
Lee’s letter largely heads off concerns that the battle between Congress and D.C. over a local tax policy bill would force the city to pause tax-filing season and re-do forms and guidance to preparers. But it’s not quite the end of the story.
To summarize our months of coverage, this stems from the Republican tax-cut bill passed by Congress last year. Like roughly a dozen other states, the city council decided to “decouple” from some parts of the federal tax code, meaning the cuts would no longer apply locally. But unlike elsewhere, Congress has extensive control over D.C. and voted to repeal the city’s decoupling bill, a move that was expected to wreak havoc on tax-filing season.
D.C. Attorney General Brian Schwalb ultimately opined that Congress had waited too long to act and that the decoupling bill was law. But that kicked off a highly technical legal and political fight between D.C. and Congress, prompting plenty of questions on how individual taxpayers might be impacted. Lee’s letter appears to settle the issue for now, giving local taxpayers some certainty that they won’t have to refile their tax returns.
For some D.C. taxpayers and businesses, all of this back and forth may not mean much beyond the uncertainty around the filing. But for many others, it could mean the difference between getting a tax break and not.
The most famous of Trump’s cuts that the District opted out of are those that exempted some tips, overtime wages, car loan payments, and Social Security payments from taxes. The council’s bill also decoupled from Trump’s $750 increase in the standard deduction. (There are also some business tax cuts in play; see here for good details on those.) All of those tax breaks will still apply on your federal taxes, but they won’t on your local ones. So if you’re a tipped worker, up to $25,000 of your tips will be exempted from federal taxation, but not D.C. taxation.
Now, at the same time, when D.C. decoupled from those federal tax provisions, it also reinvested that revenue in expanding an existing local tax credit. Under the council’s bill, D.C. will now offer a 100% local match on the Earned Income Tax Credit, which benefits low- and moderate-income taxpayers. That’s up from the 70% local match that D.C. offered before. (In 2024, some 42,000 residents and families received EITC, with an average credit of more than $2,700.)
Despite the tax-filing season proceeding as normal, it’s not exactly the end of the story.
First off, city leaders’ interpretation of what happened is that D.C.’s decoupling applies, but only to the current tax-filing season. If the council doesn’t move otherwise, all of the Republican tax cuts will also apply to local taxes next year.
D.C. is in a sense exploiting a technicality to ignore the votes taken last month in the House and Senate to repeal the city’s decoupling bill. (Schwalb said the Senate waited a day beyond the usual 30 days it has to repeal a bill passed by the council.) There have been warnings from Capitol Hill that congressional Republicans will not take kindly to D.C.’s defiance. Given Congress’ wide latitude over D.C., many fear revenge that would involve attacks on home rule.
That D.C. relied on a technicality to ignore Congress could also prompt lawsuits from impacted taxpayers. Say a large business located in D.C. would have benefited from Trump’s tax cuts applying locally, but now won’t. They could well sue, claiming that the city was actually in the wrong all along. Lee even mentioned this in his letter to Bowser and Mendelson, saying there is “considerable risk and uncertainty” moving forward — including from litigation.
Finally, there’s going to be an internal fight between Lee on one side and Bowser and Mendelson on the other. As part of decoupling, D.C. was expected to take in an additional $180 million in revenue this year. Lee says he won’t be making that available to Bowser or the council to spend, though, because of the uncertainties we mentioned above. That angered both Bowser and Mendelson, who have accused Lee of improperly “hoarding” cash that should be counted towards what the city has to spend for next year.
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