Specific concerns have developed over the move from a capital acquisition deduction to an investment tax credit under the act. Treasury officials had sought the change to avoid potential constitutional challenges to the capital acquisition deduction. They testified during debate on the original legislation that the shift to an investment tax credit would be revenue-neutral. However, more in-depth analysis of the tax credit reveals that certain businesses will pay significantly more under the new rules, and others will pay less. Business interests are also asking the Department of Treasury to document their contention that the shift is revenue neutral.
Discussions are also underway on possible legislative corrections and adjustments to the act.
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