Tuesday, March 10, 2009

Joint Committee on Taxation List of Expiring Federal Tax Provisions 2008-2020, March 10, 2009, 111th Congress


LIST OF EXPIRING FEDERAL TAX PROVISIONS 2008-2020

Prepared by the Staff of the JOINT COMMITTEE ON TAXATION

March 9, 2009

JCX-20-09




CONTENTS


INTRODUCTION

I. FEDERAL TAX PROVISIONS EXPIRING 2008-2020


A. Provisions that Expired in 2008



B. Provisions Expiring in 2009



C. Provisions Expiring in 2010



D. Provisions Expiring in 2011



E. Provisions Expiring in 2012



F. Provisions Expiring in 2013



G. Provisions Expiring in 2014



H. Provisions Expiring in 2016



I. Provisions Expiring in 2017



J. Provisions Expiring in 2018



K. Provisions Expiring in 2020


II. TEMPORARY DISASTER RELIEF FEDERAL TAX PROVISIONS EXPIRING 2008-2013


A. Temporary Disaster Relief Federal Tax Provisions that Expired in 2008



B. Temporary Disaster Relief Federal Tax Provisions Expiring in 2009



C. Temporary Disaster Relief Federal Tax Provisions Expiring in 2010



D. Temporary Disaster Relief Federal Tax Provisions Expiring in 2011



E. Temporary Disaster Relief Federal Tax Provisions Expiring in 2012



F. Temporary Disaster Relief Federal Tax Provisions Expiring in 2013





INTRODUCTION


This document, 1 prepared by the staff of the Joint Committee on Taxation, provides a listing of Federal tax provisions (other than those providing time-limited transition relief after the repeal of an underlying rule) that are currently 2 scheduled to expire in 2008-2020 (with references to the applicable section of the Internal Revenue Code of 1986 or other applicable law). Expiring Federal tax provisions providing temporary disaster relief are separately listed in Part II of the document.

For purposes of compiling this list, the staff of the Joint Committee on Taxation considers a provision to be expiring if, at some statutorily specified date in the future, the provision expires completely or reverts to the law in effect before the present-law version of the provision. Certain provisions terminate on dates that refer to a taxpayer's taxable year and not a calendar year. For these provisions, the expiration dates listed in this document apply with respect to calendar year taxpayers. The expiration dates of such provisions may differ, however, with respect to fiscal year taxpayers or taxpayers with short taxable years.




I. FEDERAL TAX PROVISIONS 3 EXPIRING 2008-2020





A. Provisions that Expired in 2008





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Reporting on certain acquisitions of interest in 8/17/08
insurance contracts in which certain exempt
organizations hold an interest (sec. 6050V)

2. Placed-in-service date for facilities eligible to 12/31/08 4
claim the Indian coal production credit (sec. 45(d))

3. Suspension of percentage limits on certain 12/31/08
contributions of food inventory by qualified farmers
and ranchers (sec. 170(b)(3))

4. Extended NOL carryback period for eligible small 12/31/08
businesses (sec. 172(b)(1)(H))

5. Special rate for qualified methanol or ethanol fuel 12/31/08
from coal (sec. 4041(b)(2)(D))

4 The credit for production of Indian coal expires December 31, 2012. The
placed-in-service date for refined coal facilities is December 31, 2009.







B. Provisions Expiring in 2009





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Airport and Airway Trust Fund excise taxes:

a. All but 4.3 cents per gallon of taxes on 03/31/09
noncommercial aviation kerosene and noncommercial
aviation gasoline (sec. 4081(d)(2)(B)) 5

b. Domestic and international air passenger ticket 03/31/09
taxes (sec. 4261(j)(1)(A)(ii))

c. Air cargo tax (sec. 4271(d)(1)(A)(ii)) 03/31/09

2. Temporary reduction in corporate rate for qualified 05/23/09
timber gain (sec. 1201(b))

3. Mineral royalties treated as qualified REIT income for 5/23/09 6
timber REITs (secs. 856(c)(2)(I) and 856(c)(8))

4. Sales by REITs of timber property held at least two 5/23/09 7
years to qualified organizations for conservation
purposes treated as sale of property held for
investment or used in a trade or business (sec.
857(b)(6)(G) and (H) and former sec. 857(b)(6)(D))

5. Period to amend returns to reduce casualty losses 7/30/09 8
later compensated by Federal relief grants, and
limited relief from interest and penalties (sec. 3082
of P.L. 110-289)

6. Personal tax credits allowed against regular tax and 12/31/09
alternative minimum tax ("AMT") (sec. 26(a)(2)) 9

7. Alternative motor vehicle credit for qualified hybrid 12/31/09
motor vehicles other than passenger automobiles and
light trucks (sec. 30B(k)(3))

8. First time homebuyer credit (sec. 36(h)) 11/30/09

9. Incentives for biodiesel and renewable diesel:

a. Income tax credits for biodiesel fuel, biodiesel 12/31/09
used to produce a qualified mixture, and small
agri-biodiesel producers (sec. 40A(g))

b. Income tax credits for renewable diesel fuel and 12/31/09
renewable diesel used to produce a qualified
mixture (sec. 40A(g))

c. Excise tax credits and outlay payments for 12/31/09
biodiesel fuel mixtures (secs. 6426(c)(6) and
6427(e)(5)(B))

d. Excise tax credits and outlay payments for 12/31/09
renewable diesel fuel mixtures (secs. 6426(c)(6)
and 6427(e)(5)(B))

10. Tax credit for research and experimentation expenses 12/31/09
(sec. 41(h)(1)(B))

11. Increase in low-income housing credit volume cap (sec. 12/31/09
42(h)(3)(I))

12. Election to substitute grants to States for low-income 12/31/09
housing projects for lowincome housing credit
allocation (sec. 42(i)(9) and sec. 1602 of Pub. L. No.
111-5)

13. Credit for electricity produced at open-loop biomass 12/31/09
facilities placed in service before October 22, 2004
(sec. 45(b)(4)(B)(ii))

14. Placed-in-service date for facilities eligible to 12/31/09 10
claim the refined coal production credit (sec. 45(d))

15. Indian employment tax credit (sec. 45A(f)) 12/31/09

16. New markets tax credit (sec. 45D(f)(1)) 12/31/09

17. Credit for construction of new energy efficient homes 12/31/09
(sec. 45L(g))

18. Credit for certain expenditures for maintaining 12/31/09
railroad tracks (sec. 45G(f))

19. Period for incurring qualified expenditures for 12/31/09
purposes of credit for production of low sulfur diesel
fuel for small refiners in compliance with EPA sulfur
regulations for small refiners (sec. 45H(c)(4))

20. Placed-in-service date for eligibility for tax credit 12/31/09
for the production of coke or coke gas (sec.
45K(g)(1))

21. Mine rescue team training credit (sec. 45N) 12/31/09

22. Employer wage credit for activated military reservists 12/31/09
(sec. 45P)

23. Issuance of clean renewable energy bonds (CREBs) (sec. 12/31/09
54M)

24. Increased AMT exemption amount (sec. 55(d)(1)) 12/31/09

25. Deduction for certain expenses of elementary and 12/31/09
secondary school teachers (sec. 62(a)(2)(D))

26. Additional standard deduction for state and local real 12/31/09
property taxes (sec. 63(c)(7))

27. Exclusion of unemployment compensation benefits from 12/31/09
gross income (sec. 85(c))

28. Suspension of applicable high-yield debt obligation 12/31/09
rules for debt issued in an exchange or as a result of
modification (sec. 163(e)(5))

29. Deduction of State and local general sales taxes (sec. 12/31/09
164(b)(5))

30. Deduction for State sales tax and excise tax on the 12/31/09
purchase of motor vehicles (sec. 164(b)(6)(G))

31. Five-year depreciation for farming business machinery 12/31/09
and equipment (sec. 168(e)(3)(B)(vii))

32. 15-year straight-line cost recovery for qualified 12/31/09
leasehold improvements, qualified restaurant buildings
and improvements, and qualified retail improvements
(sec. 168(e)(3)(E)(iv) , (v), and (ix))

33. Seven-year recovery period for motorsports 12/31/09
entertainment complexes (sec. 168(i)(15))

34. Accelerated depreciation for business property on an 12/31/09
Indian reservation (sec. 168(j)(8))

35. Additional first-year depreciation for 50 percent of 12/31/09 11
basis of qualified property (sec. 168(k)(2))

36. Election to accelerate AMT and research credits in 12/31/09 12
lieu of additional first-year depreciation (sec.
168(k)(4))

37. Encouragement of contributions of capital gain real 12/31/09
property made for conservation purposes (secs.
170(b)(1)(E) and 170(b)(2)(B))

38. Enhanced charitable deduction for contributions of 12/31/09
food inventory (sec. 170(e)(3)(C))

39. Enhanced charitable deduction for contributions of 12/31/09
book inventories to public schools (sec. 170(e)(3)(D))

40. Enhanced deduction for corporate contributions of 12/31/09
computer equipment for educational purposes (sec.
170(e)(6)(G))

41. Increase in expensing to $250,000/$800,000 (sec. 12/31/09
179(b)(7)) 13

42. Election to expense advanced mine safety equipment 12/31/09
(sec. 179E)

43. Expensing of capital costs incurred by small refiners 12/31/09
for production of diesel fuel in compliance with EPA
sulfur regulations for small refiners (sec. 179B(a))

44. Special expensing rules for certain film and 12/31/09
television productions (sec. 181(f))

45. Expensing of "brownfields" environmental remediation 12/31/09
costs (sec. 198(h))

46. Deduction allowable with respect to income 12/31/09
attributable to domestic production activities in
Puerto Rico (sec. 199(d)(7))

47. Allowance of additional IRA contributions in certain 12/31/09
bankruptcy cases (sec. 219(b)(5)(C))

48. Above-the-line deduction for qualified tuition and 12/31/09
related expenses (sec. 222(e))

49. Waiver of minimum required distribution rules for IRAs 12/31/09 14
and defined contribution plans (sec. 401(a)(9)(H))

50. Tax-free distributions from individual retirement 12/31/09
plans for charitable purposes (sec. 408(d)(8))

51. Special rule for sales or dispositions to implement 12/31/09
FERC or State electric restructuring policy (sec.
451(i))

52. Modification of tax treatment of certain payments to 12/31/09
controlling exempt organizations (sec.
512(b)(13)(E)(iv))

53. Exclusion of gain or loss on sale or exchange of 12/31/09
certain brownfield sites from unrelated business
taxable income (sec. 512(b)(19)(K))

54. Suspension of 100 percent-of-net-income limitation on 12/31/09
percentage depletion for oil and gas from marginal
wells (sec. 613A(c)(6)(H))

55. Treatment of certain dividends and assets of regulated 12/31/09
investment companies (secs. 871(k)(1)(C) and (2)(C),
and 881(e)(1)(A) and 2))

56. RIC qualified investment entity treatment under FIRPTA 12/31/09
(sec. 897(h)(4))

57. Exceptions under subpart F for active financing income 12/31/09
(secs. 953(e)(10) and 954(h)(9))

58. Look-through treatment of payments between related 12/31/09
controlled foreign corporations under the foreign
personal holding company rules (sec. 954(c)(6))

59. Basis adjustment to stock of S corporations making 12/31/09
charitable contributions of property (sec. 1367(a))

60. Empowerment zone tax incentives: 15

a. Increased exclusion of gain (attributable to 12/31/09
periods before 1/1/15) on the sale of qualified
business stock of an empowerment zone business
(secs. 1202(a)(2)(C) and 1391(d)(1)(A)(i))

b. Empowerment zone tax-exempt bonds (secs. 1394 and 12/31/09
1391(d)(1)(A)(i))

c. Empowerment zone employment credit (secs. 1396 and 12/31/09
1391(d)(1)(A)(i))

d. Increased expensing under sec. 179 (secs. 1397A 12/31/09
and 1391(d)(1)(A)(i))

e. Nonrecognition of gain on rollover of empowerment 12/31/09
zone investments (secs. 1397B and
1391(d)(1)(A)(i))

61. Tax incentives for investment in the District of
Columbia:

a. Designation of D.C. enterprise zone, employment 12/31/09
tax credit, and additional expensing (sec.
1400(f)(1))

b. Tax-exempt D.C. empowerment zone bonds (sec. 12/31/09
1400A(b))

c. Acquisition date for eligibility for zeropercent 12/31/09
capital gains rate for investment in D.C. for
gains through 12/31/14 (secs. 1400B(b)(2),
(b)(3)(A), (b)(4)(A)(i), (b)(4)(B)(i)(I), (e)(2),
and (g)(2))

d. Tax credit for first-time D.C. homebuyers (sec. 12/31/09
1400C(i))

62. Renewal community tax incentives:

a. Acquisition date for eligibility for zeropercent 12/31/09
capital gains rate for investment in renewal
communities for gains through 12/31/14 (secs.
1400F(b)(2)(A)(i), (3)(A), and (4)(A)(i),
1400F(c)(2), and 1400F(d))

b. Employment credit (secs. 1400H and 12/31/09
1391(d)(1)(A)(i))

c. Commercial revitalization deduction (sec. 12/31/09
1400I(g))

d. Increased expensing under sec. 179 (sec. 12/31/09
1400J(b)(1)(A))

63. Definition of gross estate for regulated investment 12/31/09
company stock owned by a nonresident not a citizen of
the United States (sec. 2105(d))

64. FUTA surtax of 0.2 percent (sec. 3301(1)) 12/31/09

65. Incentives for alternative fuel and alternative fuel
mixtures (excluding liquefied hydrogen): 16

a. Excise tax credits and outlay payments for 12/31/09
alternative fuel (secs. 6426(d)(5) and
6427(e)(6)(C))

b. Excise tax credits and outlay payments for 12/31/09
alternative fuel mixtures (secs. 6426(e)(3) and
6427(e)(6)(C))

66. Sixty-five percent subsidy for payment of COBRA health 12/31/09 17
care coverage continuation premiums (sec. 6432 and
sec. 3001 of Pub. L. No. 111-5)

67. Reduced estimated tax payments for small businesses 12/31/09
(sec. 6654(d)(1)(D))

68. Temporary increase in limit on cover over of rum 12/31/09
excise tax revenues (from $10.50 to $13.25 per proof
gallon) to Puerto Rico and the Virgin Islands (sec.
7652(f))

69. American Samoa economic development credit (sec. 119 12/31/09
of Pub. L. No. 109-432)

70. Use of single-employer defined benefit plan's 12/31/09 18
prior-year adjusted funding target attainment
percentage to determine application of limitation on
benefit accruals (sec. 203 of Pub. L. No. 110 458)

71. Delay of designation of multiemployer plans as in 12/31/09 19
endangered or critical status (sec. 204 0f Pub. L. No.
110- 458)

72. Extension of funding improvement and rehabilitation 12/31/09 20
periods for certain multiemployer pension plans (sec.
205 of Pub. L. No. 110-458)

73. Refundable credit for government retirees (sec. 2202 12/31/09
of Pub. L. No. 111-5)

5 The 4.3-cents-per-gallon rate is permanent.

6 The provision expires on the last day of the taxpayer's first taxable year
beginning after May 22, 2008, and before May 23, 2009.

7 The provision expires for sales after the last day of the first taxable year
beginning after May 22, 2008, and before May 23, 2009.

8 The time for amending the return expires on the later of the three-year period
for filing the return for the year of the relief grant or one year from the July
30, 2008 date of enactment.

9 The Economic Growth and Tax Relief Reconciliation Act of 2001 (Pub. L. No.
107-16, June 7, 2001) ("EGTRRA") made this provision permanent with respect to the
child tax credit and the adoption credit. The provisions of EGTRRA generally sunset
after 2010; see Part I.F., below. The allowance of the saver's credit, residential
energy efficient property credit, the credit for certain plug-in electric vehicles
(sec. 30), the credit for alternative motor vehicles, and the credit for new
qualified plug-in electric drive motor vehicles (sec. 30D) against regular tax and
minimum tax is permanent.

10 The placed-in-service date for Indian coal facilities is December 31, 2008.

11 December 31, 2010, for certain longer-lived and transportation property.

12 December 31, 2010, for certain longer-lived and transportation property.

13 The increase in expensing to $125,000/$500,000 expires December 31, 2010.

14 The waiver also applies to minimum required distributions for 2009 required to
be made by April 1, 2010.

15 The empowerment zone tax incentives may expire earlier than December 31, 2009,
with respect to an empowerment zone if a State or local government provided for an
expiration date in the nomination of an empowerment zone or the appropriate
Secretary revokes an empowerment zone's designation.

16 The related provisions for hydrogen fuel expire September 30, 2014.

17 The provision does not apply to involuntary terminations that occur after
December 31, 2009.

18 The provision applies to the first plan year that begins during the period
beginning on October 1, 2008 and ending on September 30, 2009.

19 The provision applies to the first plan year that begins during the period
beginning on October 1, 2008 and ending on September 30, 2009.

20 The provision applies to plan years beginning during 2008 and 2009.







C. Provisions Expiring in 2010





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Provisions of the Economic Growth and Tax Relief 12/31/10
Reconciliation Act of 2001 21 (Pub. L. No. 107-16)

2. Reduced capital gain rates (secs. 1(h) and 1445(e)(6) 12/31/10
and sec. 102 of Pub. L. No. 109-222)

3. Dividends taxed at capital gain rates (sec. 1(h) and 12/31/10
sec. 102 of Pub. L. No. 109222))

4. Refundable child credit floor amount (sec. 24(d)) 12/31/10

5. American Opportunity Tax credit (sec. 25A(i)) 12/31/10

6. Credit for certain nonbusiness energy property (sec. 12/31/10
25C(g))

7. Alternative motor vehicle credit for advanced lean 12/31/10 22
burn technology motor vehicles and qualified hybrid
motor vehicles that are passenger automobiles or light
trucks (sec. 30B(k)(2))

8. Alternative motor vehicle credit for qualified 12/31/10
alternative fuel vehicles (sec. 30B(k)(4))

9. Alternative fuel vehicle refueling property 12/31/10
(non-hydrogen refueling property) (sec. 30C(g)(2)) 23

10. Alternative fuel refueling property - increase in 12/31/10
credit rate and credit cap (sec. 30C(e)(6))

11. Earned income tax credit:

a. credit percentage of 45 percent for three or more 12/31/10
qualifying children (sec. 32(b)(3)(A))

b. phaseout threshold for marriage penalty relief 12/31/10
(sec. 32(b)(3)(B))

12. Enhanced credit for health insurance costs of eligible 12/31/10
individuals (sec 35(a))

13. Making work pay credit (sec. 36A) 12/31/10

14. Incentives for alcohol fuels

a. Alcohol fuels income tax credit (alcohol fuel, 12/31/10 24
alcohol used to produce a qualified mixture, and
small ethanol producers) (sec. 40(e)(1)(A),
(h)(1), and (h)(2))

b. Alcohol fuel mixture excise tax credit and outlay 12/31/10
payments (secs. 6426(b)(5) and 6427(e)(5)(A))

15. Credit for energy efficient appliances (sec. 45M(b)) 12/31/10

16. Grants for specified energy property in lieu of tax 12/31/10
credits (sec. 48(d) and sec. 1603 of Pub. L. No.
111-5)

17. Election of investment credit in lieu of production 12/31/10
tax credit (sec. 48(a)(5))

18. Work opportunity tax credit targeted group status for 12//31/10
unemployed veterans and disconnected youth (sec.
51(d)(14))

19. Qualified zone academy bonds - allocations of bond 12/31/10
authority 4(sec. 54E(c)(1))

20. School construction bonds - allocation of bond 12/31/10
authority (sec.54F(c))

21. Authority to issue Build America Bonds (secs. 12/31/10
54AA(d)(1)(B) and 6431(a))

22. Modification of AMT limitations on taxexempt bonds 12/31/10
(secs. 57(a)(5)(C)(vi) and 56(g)(4)(B)(iv))

23. Deferral and ratable inclusion of income from business 12/31/10
debt discharged by reacquisition (sec. 108(i))

24. Exclusion from income for benefits provided to 12/31/10
volunteer firefighters and emergency medical
responders (sec. 139B)

25. Parity for exclusion for employer-provided mass 12/31/10
transit and parking benefits (sec. 132(f))

26. Qualified mortgage bonds for refinancing of subprime 12/31/10 25
loans (143(k)(12))

27. Expansion of availability of industrial development 12/31/10
bonds to facilities manufacturing intangible property
(sec. 144(a)(12)(c))

28. Volume cap increase and set-aside for private activity 12/31/10
bonds for housing (sec. 146(d))

29. Bonds guaranteed by Federal Home Loan banks eligible 12/31/10
for treatment as tax-exempt bonds (sec.
149(b)(3)(a)(iv))

30. Premiums for mortgage insurance deductible as interest 12/31/10
that is qualified residence interest (sec. 163(h)(3))

31. Five-year amortization of music and music copyrights 12/31/10
(sec. 167(g)(8))

32. Natural gas distribution lines treated as 15-year 12/31/10
property (sec. 168(e)(3)(E)(viii))

33. Increase in expensing to $125,000/500,000 (indexed) 12/31/10
(sec. 179(b)(1) and (2), (c)(2), and (d)(1)(A)(ii)) 26

34. Modification of small issuer exception to tax-exempt 12/31/10
interest allocation rules for financial institutions
(sec. 265(b)(3)(G))

35. De minimis safe harbor exception for taxexempt 12/31/10
interest expense of financial institutions (secs.
265(b)(7) and 291(e)(1)(B)(iv))

36. Computer technology and equipment allowed as a 12/31/10
qualified higher education expense for section 529
accounts (sec. 529(e)(3)(A)(iii))

37. Alaska Native Settlement Trusts (sec. 646) 12/31/10

38. Special rules for qualified small business stock (sec. 12/31/10
1202(a)(3))

39. Reduction in S corporation recognition period for 12/31/10
built-in gains tax (sec. 1374(d)(7))

40. Authority to issue Recovery Zone economic development 12/31/10
bonds and facility bonds (secs. 1400U-2(b) and
1400U-3(b))

21 The sunset applies to all EGTRRA provisions otherwise in effect on the
expiration date. Pub. L. No. 107-358 repealed the sunset contained in EGTRRA with
respect to the exclusion from Federal income tax for restitution received by
victims of the Nazi Regime. The Pension Protection Act of 2006, Pub. L. No.
109-280, repealed the sunset contained in EGTRRA with respect to the pension and
IRA provisions contained in subtitles A through F of title VI of EGTRRA and with
respect to the qualified tuition program provisions in section 402 of EGTRRA.

22 In addition to this expiration date, the provision begins to phase out over a
one-year period beginning on the date the manufacturer has manufactured and sold at
least 60,000 qualified vehicles.

23 The related provision of section 30C for hydrogen refueling property expires
December 31, 2014.

24 The income tax credit expires earlier if the tax rate on gasoline and other
motor fuels drops to 4.3 cents per gallon for any period before January 1, 2011.
The rates are currently scheduled to be reduced October 1, 2011. See sections
40(e)(1)(B) and 4081(d)(1).

25 Qualified subprime loans cannot be refinanced by bonds issued after December 31,
2010.

26 The increase in expensing to $250,000/$800,000 expires December 31, 2009.







D. Provisions Expiring in 2011





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Work opportunity tax credit (sec. 51(c)(4)) 8/31/11

2. Leaking Underground Storage Tank Trust Fund financing 9/30/11
rate (secs. 4041(d)(4) and 4081(d)(3))

3. Highway Trust Fund excise tax rates:

a. All but 4.3 cents per gallon of the taxes on 9/30/11
highway gasoline, diesel fuel, kerosene, and
alternative fuels (secs. 4041(a) and 4081(d)(1))

b. Reduced rate of tax on partially exempt methanol 9/30/11
or ethanol fuel (sec. 4041(m)) 27

c. Tax on retail sale of heavy highway vehicles (sec. 9/30/11
4051(c))

d. Tax on heavy truck tires (sec. 4071(d)) 9/30/11

e. Annual use tax on heavy highway vehicles (sec. 9/30/11
4481(f))

4. Credit for electric drive motorcycles, threewheeled 12/31/11
vehicles, and low-speed vehicles (sec. 30(f))

5. Conversion credit for plug-in electric vehicles (sec. 12/31/11
30B(i)(4))

6. Treatment of military basic housing allowances under 12/31/11
low-income housing credit (sec. 142(d))

7. Disclosure of prisoner return information to the 12/31/11
Federal Bureau of Prisons (sec. 6103(k)(10))

27 After September 30, 2011, in the case of fuel none of the alcohol in which
consists of ethanol, the rate is 2.15 cents-per-gallon. In any other case, the rate
is 4.3 cents-per-gallon.







E. Provisions Expiring in 2012





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Qualified green buildings and sustainable design 9/30/12
project bonds (sec. 142(l)(8))

2. Cellulosic biofuel producer credit (sec. 40(b)(6)(H)) 12/31/12

3. Placed-in-service date for wind facilities eligible to 12/31/12 28
claim electricity production credit (sec. 45(d))

4. Credit for production of Indian coal (sec. 12/31/12 29
45(e)(10)(A)(i))

5. Election to claim the energy credit in lieu of the 12/31/12 30
electricity production credit for wind facilities
(sec. 48(a)(5))

6. Credit for prior year minimum tax liability made 12/31/12
refundable after period of years (sec. 53(e))

7. Discharge of indebtedness on principal residence 12/31/12
excluded from gross income of individuals (sec.
108(a)(1)(E))

8. Special depreciation allowance for cellulosic biofuel 12/31/12
plant property (sec. 168(l))

28 The placed-in-service date for renewable power facilities other than wind
facilities is December 31, 2013.

29 The placed-in-service date for Indian coal facilities is December 31, 2008.

30 The expiration date with respect to renewable power facilities other than wind
facilities is December 31, 2013.







F. Provisions Expiring in 2013





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Determination of low-income housing credit rate (sec. 12/31/13
42(b)(2))

2. Placed-in-service date for facilities (other than wind 12/31/13 31
facilities) eligible to claim the electricity
production credit (sec. 45(d))

3. Election to claim the energy credit in lieu of the 12/31/13 32
electricity production credit for renewable power
facilities other than wind facilities (sec. 48(a)(5))

4. Three-year depreciation for race horses two years old 12/31/13
or younger (sec. 168(e)(3))

5. Placed-in-service date for partial expensing of 12/31/13
certain refinery property (sec. 179C(c)(1)) 33

6. Energy efficient commercial buildings deduction (sec. 12/31/13
179D(h))

7. Transfer of excess pension assets to retiree health 12/31/13
accounts (sec. 420(b)(5))

31 The placed-in-service date for wind facilities is December 31, 2012.

32 The expiration date with respect to wind facilities is December 31, 2012.

33 The commencement of construction date for self-constructed property is December
31, 2009.







G. Provisions Expiring in 2014





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Incentives for alternative fuel and alternative fuel
mixtures involving liquefied hydrogen:

a. Excise tax credits and outlay payments for 9/30/14
liquefied hydrogen (secs. 6426(d)(5) and
6427(e)(6)(D)) 34

b. Excise tax credits and outlay payments for 9/30/14
liquefied hydrogen fuel mixtures (secs. 6426(e)(3)
and 6427(e)(6)(D))

2. Alternative motor vehicle credit for qualified fuel 12/31/14
cell motor vehicles (sec. 30B(k)(1))

3. Alternative fuel refueling property (hydrogen 12/31/14
refueling property) (sec. 30C(g)(1)) 35

4. Automatic amortization extension for multiemployer 12/31/14
defined benefit pension plans (sec. 431(d)(1)(C)) 36

5. Additional funding rules for multiemployer defined 12/31/14
benefit pension plans in endangered or critical status
(sec. 432, and sec. 221(c) of Pub. L. No. 109-280) 37

6. Deemed approval of adoption, use or cessation of 12/31/14
shortfall funding method for multiemployer defined
benefit pension plans (secs. 201(b) and 221(c) of Pub.
L. No. 109-280)

34 Related provisions for non-hydrogen fuel expire December 31, 2009.

35 The related provision of section 30C for non-hydrogen refueling property expires
December 31, 2010.

36 A corresponding provision is contained in section 304(d)(1)(C) of ERISA that
also expires on December 31, 2014.

37 A corresponding provision is contained in section 305 of ERISA that also expires
on December 31, 2014.







H. Provisions Expiring in 2016





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Credit for residential energy property (sec. 25D(g)) 12/31/16

2. Increased credit for business solar energy property 12/31/16
(sec. 48(a)(2)(A)(i)(II))

3. Credit for hybrid solar lighting systems (sec. 12/31/16
48(a)(3)(A)(ii))

4. Energy credit for geothermal heat pump property, small 12/31/16
wind property, and combined heat and power property
(secs. 48(a)(3)(A)(vii), 48(c)(4)(D), and
48(c)(3)(A)(iv))

5. Credit for business installation of qualified fuel 12/31/16
cells and stationary microturbine power plants (sec.
48(c)(1)(D) and (c)(2)(D))







I. Provisions Expiring in 2017





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Oil Spill Liability Trust Fund financing rate (sec. 12/31/17
4611(f)(2))







J. Provisions Expiring in 2018





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Increase in amount of excise tax on coal (sec. 12/31/18 38
4121(e)(2))

38 The increased amount of the excise tax on coal terminates the earlier of this
date or the first December 31 as of which there is no balance of repayable advances
made to the Black Lung Disability Trust Fund and no unpaid interest on such
advances.







K. Provisions Expiring in 2020





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Placed-in-service date for eligibility for the credit 12/31/20
for production from certified advanced nuclear power
facilities (sec. 45J(d)(1)(B))







II. TEMPORARY DISASTER RELIEF FEDERAL TAX PROVISIONS EXPIRING 2008-2013





A. Temporary Disaster Relief Federal Tax Provisions that Expired in 2008





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Special rule for applying income tests in 12/31/08
non-metropolitan areas under low-income housing credit
for the Gulf Opportunity Zone, the Rita GO Zone, and
the Wilma GO Zone (sec. 1400N(c)(4)) 39

2. Additional depreciation for certain Gulf Opportunity 12/31/08 40
Zone property that is nonresidential real property or
residential rental property (sec. 1400N(d)(2))

3. Increase in expensing under section 179 for certain 12/31/08
Gulf Opportunity Zone property (secs. 1400N(e))

4. Tax relief for Kiowa County, Kansas, and surrounding 12/31/08
area by reason of severe storms and tornados beginning
May 4, 2007 (sec. 15345 of Pub. L. No. 11-246)

a. additional depreciation allowance for property
other than nonresidential real property or
residential rental property 41

b. increased expensing

c. use of retirement funds

5. Tax relief for areas damaged by 2008 Midwestern severe 12/31/08
storms, tornados and flooding (sec. 702 of Division C
of Pub. L. No. 110-343)

a. employee retention credit

b. suspension of limitation on charitable
contributions for disaster relief

c. suspension of limitation on personal casualty loss

d. look-back rule for determining earned income
credit and refundable child credit

e. increase in standard mileage rate for charitable
use of a vehicle

f. exclusion for mileage reimbursement to charitable
volunteers

39 The low-income housing credit additional housing credit dollar amount for the
Gulf Opportunity Zone and certain programmatic expansions for the Gulf Opportunity
Zone, the Rita GO Zone, and the Wilma GO Zone expire December 31, 2010.

40 Certain Gulf Opportunity Zone property located in counties with greater than 60
percent housing damage is eligible for an extended placed-in-service date of
December 31, 2010, subject to a progress expenditures limit.

41 The placed-in-service date is December 31, 2009, for nonresidential real
property and residential rental property.







B. Temporary Disaster Relief Federal Tax Provisions Expiring in 2009





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Housing tax relief for individuals for areas damaged 5/01/09
by 2008 Midwestern severe storms, tornados and
flooding (sec. 702 of Division C of Pub. L. No.
110-343)

2. Work opportunity tax credit with respect to certain 8/27/09
individuals affected by Hurricane Katrina for
employers inside disaster areas (sec. 201 of Pub. L.
No. 109-73)

3. National disaster relief :

a. Losses attributable to Federally declared 12/31/09
disasters (sec. 165(h))

b. Expensing of qualified disaster expenses (sec. 12/31/09
198A)

c. Net operating losses attributable to Federally 12/31/09
declared disasters (sec. 172(b)(1)(J))

d. Waiver of certain mortgage revenue bond 12/31/09
requirements following Federally declared
disasters (sec 143(k))

e. Special depreciation allowance for qualified 12/31/09
disaster property (sec. 168(n))

f. Increased expensing for qualified disaster 12/31/09
assistance property (sec. 179(e))

4. New York Liberty Zone: special depreciation allowance 12/31/09
for nonresidential real property and residential
rental property (sec. 1400L(b)(2)(A))

5. New York Liberty Zone: tax-exempt bond financing (sec. 12/31/09
1400L(d)(2)(D))

6. Increase in rehabilitation credit for structures 12/31/09
located in the Gulf Opportunity Zone (sec. 1400N(h))

7. Tax relief for Kiowa County, Kansas, and surrounding 12/31/09
area by reason of severe storms and tornados beginning
May 4, 2007 (sec. 15345 of Pub. L. No. 11-246)

a. additional depreciation allowance for
nonresidential real property and residential
rental property 42

b. expensing for demolition and clean-up costs

c. net operating losses

42 The placed-in-service date is December 31, 2008, for property other than
nonresidential real property and residential rental property.







C. Temporary Disaster Relief Federal Tax Provisions Expiring in 2010





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Tax-exempt bond financing for the Gulf Opportunity 12/31/10
Zone (sec. 1400N(a))

2. Advance refunding of certain tax-exempt bonds (sec. 12/31/10
1400N(b))

3. Low-income housing credit additional housing credit 12/31/10
dollar amount for the Gulf Opportunity Zone and
certain programmatic expansions for the Gulf
Opportunity Zone, the Rita GO Zone, and the Wilma GO
Zone (sec. 1400N(c))

4. Placed-in-service date for additional depreciation for 12/31/10 43
specified Gulf Opportunity Zone extension property
(sec. 1400N(d)(6))

5. Treatment of residences located in the Gulf 12/31/10
Opportunity Zone, the Rita Go Zone, or the Wilma Go
Zone as targeted area residences for purposes of
mortgage revenue bond rules (sec. 1400T)

6. Waiver of first-time homebuyer rule for qualified 12/31/10
Hurricane Katrina residences financed with mortgage
revenue bonds (sec. 104 of Pub. L. No. 109-135)

7. Tax relief for areas damaged by 2008 Midwestern severe 12/31/10
storms, tornados and flooding (sec. 702 of Division C
of Pub. L. No. 110-343)

a. low-income housing tax credit relief

b. expensing for demolition and clean-up costs

c. extension of expensing for environmental
remediation costs

d. special rules for mortgage revenue bonds

8. Low-income housing tax relief for areas damaged by 12/31/10
Hurricane Ike in 2008 (sec. 704 of Division C of Pub.
L. No. 110-343)

43 Certain personal property may qualify if placed in service within 90 days
following December 31, 2010.







D. Temporary Disaster Relief Federal Tax Provisions Expiring in 2011





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Tax relief for areas damaged by 2008 Midwestern severe 12/31/11
storms, tornados and flooding (sec. 702 of Division C
of Pub. L. No. 110-343)

a. increase in rehabilitation credit

b. treatment of net operating losses attributable to
disaster losses







E. Temporary Disaster Relief Federal Tax Provisions Expiring in 2012





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Tax-exempt bond financing rules for areas damaged by 12/31/12
2008 Midwestern severe storms, tornados and flooding
(sec. 702 of Division C of Pub. L. No. 110-343)

2. Tax-exempt bond financing rules for areas damaged by 12/31/12
Hurricane Ike in 2008 (sec. 704 of Division C of Pub.
L. No. 110-343)







F. Temporary Disaster Relief Federal Tax Provisions Expiring in 2013





____________________________________________________________________________________
Provision (Code section) Expiration Date

____________________________________________________________________________________
1. Extension of replacement period for nonrecognition of 12/31/13
gain for areas damaged by 2008 Midwestern severe
storms, tornados and flooding (sec. 702 of Division C
of Pub. L. No. 110-343)




1 This document may be cited as follows: Joint Committee on Taxation, List of Expiring Federal Tax Provisions, 2008-2020 (JCX-20-09), March 9, 2009. This document can be found on the Joint Committee on Taxation website at www.jct.gov .

2 This document takes into account Federal tax legislation enacted through 2008 and the American Recovery and Reinvestment Tax Act of 2009, Pub. L. No. 111-5, enacted February 17, 2009.

3 Not including temporary disaster relief Federal tax provisions, which are listed in Part II.


NON

No comments: