Biden’s FY2023 Budget: Key Real Estate & Corporate Tax Proposals

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On March 28, 2022, President Biden released his FY2023 budget (the “FY2023 Budget”), and the U.S. Treasury released the so-called “Green Book,” which provides details related to the revenue provisions in the FY2023 Budget. The revenue proposals in the FY2023 Budget rely on a baseline that generally presumes the enactment of the revenue provisions in the Build Back Better Act (the “BBBA”) as passed by the House of Representatives on November 19, 2021. As a result, the revenue proposals described in the Green Book are intended to be in addition to the provisions included in the BBBA. It should be noted that the BBBA has been stalled in the Senate since late 2021. The current status of the BBBA is not entirely clear, but it would appear that the most likely path forward might be narrower tax legislation. In this regard, the revenue proposals in the FY2023 Budget might be of interest, as certain of those proposals may be included in future legislation.

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