LIFO TALKING POINTS WHAT IS LIFO? Businesses with inventory may determine the value of their inventory using a number of acceptable accounting methods. One such method is the LIFO (last in/first out) method. Companies that use LIFO assume for accounting purposes that they sell first the inventory most recently acquired or manufactured. Industries that often experience rising inventory costs typically account for inventory using the LIFO method. This is because LIFO accounting allows them to match current sales income with the current higher cost of that inventory. In short, the LIFO method enables businesses to avoid phantom profits caused by inflation. The LIFO accounting method has been expressly permitted by the Internal Revenue Code since the 1930’s. LIFO is used by a wide range of businesses including publicly-traded and privately-held companies, manufacturers, extractive industries, wholesalers, retailers, automobile and equipment dealers and numerous others. Many of these companies have been on LIFO for decades. By contrast to LIFO, another acceptable method for inventory accounting is the FIFO (first in/first out) method. Businesses that account for inventory using the FIFO method assume that they first sell inventory which they have held the longest. The FIFO method is preferred by companies that sell in a flat or declining price market. THE PROPOSAL The Administration’s F/Y 2011 budget proposal includes a provision that repeals the use of LIFO inventory accounting and requires affected taxpayers to restate their LIFO inventory at its FIFO value. The Joint Committee on Taxation estimates that LIFO repeal would raise $75.3 billion, virtually all of which would be raised in the first year after enactment. However, the budget proposal permits this one-time increase in income to be taken into account ratably over ten years. The LIFO debate first arose in 2006 when LIFO repeal was proposed for oil companies to pay for a gas tax rebate. The perception was that oil companies used LIFO to mitigate the impact of inflation on inventory. Congress quickly U.S. Chamber of Commerce, 1615 H Street NW, Washington DC 20062 Visit the U.S. Chamber’s Economic Policy Division online at www.uschamber.com/issues/economy/economic-tax-policy or contact Caroline Harris, Chief Tax Counsel ([email protected]) or Anne Warhola, Senior Tax Counsel ([email protected]). learned that LIFO is also used by other industries and by large and small businesses alike. Eventually, the proposal died, but the idea of targeting LIFO came back in 2007 in (then-Ways and Means Chairman) Rangel’s comprehensive tax reform bill, which included a provision repealing LIFO accounting for all businesses. More recently, it was included in the Obama fiscal year 2011 budget. And LIFO repeal for integrated oil companies was included in the Wyden-Gregg tax reform bill that was introduced earlier this year. In spite of this apparent interest in LIFO repeal and the high revenue estimate associated with it, Congress has not looked to LIFO repeal as a pay for in legislation that is moving during the current legislative session. THE US CHAMBER OPPOSES LIFO REPEAL BECAUSE: Repeal of LIFO accounting would result in a punitive, retroactive tax increase for businesses, placing significant cash constraints on them and limiting their ability to manage inflation. This is because companies using the LIFO inventory accounting method would have to write up the value of their inventories to the FIFO value. As a result, these companies would have to record illusory profits on their books, when no economic activity has occurred that would justify recording any profits. Companies would have to capture taxes on inventory for as long as they have used LIFO, which could be decades. Depending on how long a company has elected to use LIFO, the LIFO reserve could exceed a company’s net worth. During the current economic climate, many companies lack the capital resources or the ability to obtain the debt financing needed to pay the taxes resulting from the repeal of LIFO. The proposal could result in the forced downsizing or liquidation of many companies in order to raise the capital necessary to pay the retroactive tax hit, even if companies are allowed to pay the tax over a ten-year period. LIFO is not a tax loophole, and repeal of LIFO lacks any policy justification. No tax abuse problem has been identified to support repealing the LIFO rules, nor has any other valid policy reason been offered. U.S. Chamber of Commerce, 1615 H Street NW, Washington DC 20062 Visit the U.S. Chamber’s Economic Policy Division online at www.uschamber.com/issues/economy/economic-tax-policy or contact Caroline Harris, Chief Tax Counsel ([email protected]) or Anne Warhola, Senior Tax Counsel ([email protected]).
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