Here is what the executive orders provide...
"The executive orders establish a payroll tax holiday through the end of the year for Americans earning less than $100,000 a year.
They also defer student loan payments through the end of the year; continue eviction moratoriums; and extend enhanced unemployment benefits that expired last week, but at a reduced level of $400 instead of the prior $600.
'If I'm victorious on November 3rd, I plan to forgive these taxes and make permanent cuts to the payroll tax,' Trump said. "Joe Biden and the Democrats may not want that, they don't want that.'" (NBC)
Trump's orders will stop payroll tax deductions from paychecks. However, only Congress can forgive the payment of the payroll taxes. Therefore, Trump is not be able to unilaterally forgive payroll taxes as such powers are beyond the scope of his office. Additionally, employers are required to pay certain taxes through the payroll tax deduction. Those taxes include:
According to Forbes "[c]utting taxes would require Congressional action, but Trump can use his emergency powers to delay collecting taxes—meaning they would theoretically have to be paid back later unless Congress agreed to waive repayment." Therefore, unless Congress forgives the tax then the taxes will ultimately have to be paid as the power of taxation is given to Congress by the Constitution:
"Article I, Section 8, Clause 1:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . ."
There will be numerous legal questions surrounding the validity of the executive orders. Right now, the orders may be more about politics than enacting laws to help Americans through the pandemic.
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