Senate expected to invoke cloture on 2010 Tax Relief Act, featuring extension of Bush-era tax cuts & other tax breaks, plus stimulus measures The legislative language of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the 2010 Tax Relief Act), as released on the evening of December 9. JCX-55-10, the Joint Committee on Taxation's Technical Explanation Of The Revenue Provisions Contained In The “Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010” Scheduled For Consideration By The United States Senate. JCX-54-10, the Joint Committee on Taxation's Estimated Budget Effects Of The “Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010,” Scheduled For Consideration By The United States. On December 13, the Senate was expected to invoke cloture (i.e., vote to cut off debate) on the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the 2010 Tax Relief Act). The 2010 Tax Relief Act contains a two-year extension of the Bush-era tax cuts that was negotiated by the President and Republicans, and significant estate tax relief. However, it also contains a trove of other tax breaks for businesses and individuals, including 100% first-year writeoffs of qualifying property placed in service after Sept. 8, 2010, and before Jan. 1, 2012, a payroll/self-employment tax cut of two percentage points for 2011 for employees and self-employed individuals, a two-year alternative minimum tax (AMT) “patch,” and a host of extenders for businesses and individuals. Here's an overview of what's in the 2010 Tax Relief Act. EGTRRA Tax Cuts Extended for Two Years Under current law, the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16 ), other than those made permanent or extended by subsequent legislation, sunset and won't apply to tax or limitation years beginning after 2010. (Sec. 901 of EGTRRA) The 2010 Tax Relief Act postpones the Sec. 901 EGTRRA sunset rule for two years. That is, under the 2010 Tax Relief Act, the income tax provisions of EGTRRA, other than those made permanent or extended by subsequent legislation, will sunset and will not apply to tax or limitation years beginning after 2012 (instead of 2010). Thus, all of the following favorable tax rules (among others) will remain in place through 2012. Tax rates. The income tax rates for individuals will stay at 10%, 15%, 25%, 28%, 33% and 35% (instead of moving to 15%, 28%, 31%, 36% and 39.6%). Additionally, the size of the 15% tax bracket for joint filers and qualified surviving spouses will remain at 200% (instead of dropping to 167%) of the 15% tax bracket for individual filers. According to the Joint Committee on Taxation Explanation of the 2010 Tax Relief Act, the tax rate schedules for 2011, as adjusted for inflation, will be as follows: FOR MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES, THE 2011 RATE BRACKETS WILL BE: If taxable income is: The tax will be: -------------------- ----------- Not over $17,000 10% of taxable income Over $17,000 but not $1,700.00 plus 15% of the over $69,000 excess over $17,000 Over $69,000 but not $9,500.00 plus 25% of the over $139,350 excess over $69,000 Over $139,350 but not $27,087.50 plus 28% of the over $212,300 excess over $139,350 Over $212,300 but not $47,513.50 plus 33% of the over $379,150 excess over $212,300 Over $379,150 $102,574.00 plus 35% of the excess over $379,150 FOR SINGLE INDIVIDUALS (OTHER THAN HEADS OF HOUSEHOLDS AND SURVIVING SPOUSES), THE 2011 RATE BRACKETS WILL BE: If taxable income is: The tax will be: -------------------- ---------- Not over $8,500 10% of taxable income Over $8,500 but not $850.00 plus 15% of the over $34,500 excess over $8,500 Over $34,500 but not $4,750.00 plus 25% of the over $83,600 excess over $34,500 Over $83,600 but not $17,025.00 plus 28% of the over $174,400 excess over $83,600 Over $174,400 but not $42,449.00 plus 33% of the over $379,150 excess over $174,400 Over $379,150 $110,016.50 plus 35% of the excess over $379,150 FOR HEADS OF HOUSEHOLDS, THE 2011 RATE BRACKETS WILL BE: If taxable income is: The tax will be: -------------------- ----------- Not over $12,150 10% of taxable income Over $12,150 but not $1,215.00 plus 15% of the over $46,250 excess over $12,150 Over $46,250 but not $6,330.00 plus 25% of the over $119,400 excess over $46,250 Over $119,400 but not $24,617.50 plus 28% of the over $193,350 excess over $119,350 Over $193,350 but not $45,323.50 plus 33% of the over $379,150 excess over $193,350 Over $379,150 $106,637.50 plus 35% of the excess over $379,150 FOR MARRIEDS FILING SEPARATE RETURNS, THE 2011 RATE BRACKETS WILL BE: If taxable income is: The tax will be: -------------------- ----------- Not over $8,500 10% of taxable income Over $8,500 but not $850.50 plus 15% of the over $34,500 excess over $8,500 Over $34,500 but not $4,750.00 plus 25% of the over $69,675 excess over $34,500 Over $69,675 but not $13,543.75 plus 28% of the over $106,150 excess over $69,675 Over $106,150 but not $23,756.75 plus 33% of the over $189,575 excess over $106,150 Over $189,575 $51,287.00 plus 35% of the excess over $189,575 RIA observation: The 2011 tax rate schedules for individuals as reflected in the 2010 Tax Reform Act, were previously calculated by RIA based on Consumer Price Index (CPI) figures, see Weekly Alert ¶ 18 12/09/2010 . Standard deduction for marrieds. EGTRRA increased the basic standard deduction for a married couple filing a joint return to twice the basic standard deduction for an unmarried individual filing a single return. If the EGTRRA sunset kicked in, the standard deduction for married taxpayers filing jointly (and qualified surviving spouses) would drop to 167% of the standard deduction for single taxpayers. The standard deduction for married taxpayers filing separately would continue to be one-half of the standard deduction for joint filers. Under the 2010 Tax Reform Act, the standard deduction for married taxpayers filing jointly (and qualified surviving spouses) remains at 200% (rather than 167%) of the standard deduction for single taxpayers for 2011. (The standard deduction for marrieds filing separately is half of the joint filer amount.) RIA observation: Based on CPI figures, RIA calculates that under the 2010 Tax Reform Act, for marrieds filing a joint return (or surviving spouses), the standard deduction will be $11,600 (up from $11,400 for 2010); for marrieds filing separately, it will be $5,800 (up from $5,700 for 2010). Pease and PEP limitations won't apply. For 2011 and 2012: Itemized deductions of higher-income taxpayers will not be reduced (under the EGTRRA sunset rule for the “Pease limitation,” after 2010 they would have been reduced by 3% of AGI above an inflation-adjusted figure, but the reduction couldn't exceed 80%). A higher-income taxpayer's personal exemptions will not be phased out when AGI exceeds an inflation-adjusted threshold (under the EGTRRA sunset rule for the “Pease limitation,” after 2010 they would have been phased out). RIA observation: Based on CPI figures, RIA calculates that for 2011 the personal exemption amount will be $3,700 (up from $3,650 for 2010). Current law's rules for the following tax provisions also will remain in place through 2012: Coverdell Education Saving Accounts (CESAs), formerly called education IRAs; exclusion for employer-provided educational assistance under Code Sec. 127 ; exemption from the payments-for-services rule for amounts received under certain Government health professions scholarship programs; above-the-line student loan interest deduction; credit for employer-provided child care facilities; earned income tax credit (EITC); credit for household and dependent care; and child tax credit. JGTRRA Rules for Capital Gains and Qualified Dividends Extended for Two Years The bill defers for two years the sunset rule of Sec. 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA, PL 108-27). Thus, through Dec. 31, 2012, long-term capital gain (with the exception of 28% rate gain and unrecaptured section 1250 gain) will continue to be taxed at a maximum rate of 15%. If the JGTRRA sunset rule went into effect, long-term capital gain would face a tax of 20% (18% for assets held more than five years)). And before 2013, qualified dividends paid to individuals will be taxed at the same rates as long-term capital gains (instead of being taxed under the JGTRRA sunset rule at the same rates that apply to ordinary income). Alternative Minimum Tax (AMT) “Patched” for Two Years Under the 2010 Tax Reform Act, the AMT exemption amounts for 2010 will be as follows: ... Married individuals filing jointly and surviving spouses: $72,450, less 25% of AMTI exceeding $150,000 (zero exemption when AMTI is $439,800); ... Unmarried individuals: $47,450, less 25% of AMTI exceeding $112,500 (zero exemption when AMTI is $302,300) (different amount applies for a child subject to the kiddie tax); and ... Married individuals filing separately: $36,225, less 25% of AMTI exceeding $75,000 (zero exemption when AMTI is $219,900). But AMTI is increased by the lesser of $36,225 or 25% of the excess of AMTI (without the exemption reduction) over $219,900. Under the 2010 Tax Reform Act, the AMT exemption amounts for 2011 will be as follows: ... Married individuals filing jointly and surviving spouses: $74,450, less 25% of AMTI exceeding $150,000 (zero exemption when AMTI is $447,800); ... Unmarried individuals: $48,450, less 25% of AMTI exceeding $112,500 (zero exemption when AMTI is $306,300) (different amount applies for a child subject to the kiddie tax); and ... Married individuals filing separately: $37,225, less 25% of AMTI exceeding $75,000 (zero exemption when AMTI is $223,900). But AMTI is increased by the lesser of $37,225 or 25% of the excess of AMTI (without the exemption reduction) over $223,900. Without the “patch” in the 2010 Tax Reform Act, post-2009 AMT exemption amounts would have plummeted to their pre-EGTRRA levels. For 2010, they would have been $45,000 for married individuals filing jointly and surviving spouses, $33,750 for unmarried individuals; and $22,500 for married individuals filing separately. Also for 2010 and 2011, many nonrefundable personal credits will be allowed against the AMT (without the “patch,” they couldn't offset AMT). Estate Tax Relief EGTRRA phased-out the estate and generation-skipping transfer taxes so that they were fully repealed in 2010, lowered the gift tax rate to 35% and increased the gift tax exemption to $1 million for 2010. Under the EGTRRA sunset rule, the estate tax was set to return in 2011, with the top estate and gift tax rate reverting to 55%. For 2010, under EGTRRRA, the basis rules for inherited property were to be similar to the gift tax rules but with many opportunities for heirs to get increases in basis. Under the EGTRRA sunset rule, the pre-EGTRRA step-up in basis rules were to return for 2011. Among other changes, the 2010 Tax Relief Act: ... Lowers estate and GST taxes for 2011 and 2012 by increasing the exemption amount (technically, the applicable exclusion amount) from $1 million to $5 million (as indexed after 2011) and reducing the top rate from 55% to 35%. ... Allows estates of decedents dying in 2010 to choose between (1) estate tax (based on a $5 million exemption and 35% top rate) and a step-up in basis or (2) no estate tax and modified carryover basis. In technical terms, the Act achieves this choice by making the estate tax and basis changes effective retroactively for estates of decedents dying after 2009 but allowing the opt-out choice for estates of decedents dying in 2010. ... For gifts made after Dec. 31, 2010, reunifies the gift tax with the estate tax, with an applicable exclusion amount of $5 million and a top estate and gift tax rate of 35%. ... Provides that the GST tax exemption for decedents dying or gifts made after Dec. 31, 2009, is equal to the applicable exclusion amount for estate tax purposes (e.g., $5 million for 2010). Therefore, up to $5 million in GST tax exemption may be allocated to a trust created or funded during 2010. Although the GST tax is applicable in 2010, the GST tax rate for transfers made during 2010 is 0%. The GST tax rate for transfers made in 2011 and 2012 will be 35%. ... For a decedent dying after Dec. 31, 2009, and before the enactment date, provides that the due date for actions (e.g., filing an estate tax return) is not to be earlier than the date that's nine months after the enactment date. ... Effective for estates of decedents dying after Dec. 31, 2010, allows the executor of a deceased spouse's estate to transfer any unused exemption to the surviving spouse. Incentives for Businesses to Invest in Machinery and Equipment The bill OKs the following major new incentives for businesses to invest in machinery and equipment: (1) A 100% writeoff in the placed-in-service year of the cost of property eligible for bonus depreciation under Code Sec. 168(k) . This will apply for property acquired and placed in service after Sept. 8, 2010, and before Jan. 1, 2012; (2) A 50% bonus first-year depreciation allowance under Code Sec. 168(k) for property placed in service after Dec. 31, 2011, and before Jan. 1, 2013; (3) Extension through Dec. 31, 2012, of the election to accelerate the AMT credit instead of claiming additional first-year depreciation; and (4) For tax years beginning after Dec. 31, 2011, setting the maximum expensing amount under Code Sec. 179 at $125,000 and the investment-based phaseout amount at $500,000 (under current law, the expensing figures drop from $500,000/$2 million for 2010 and 2011 to $25,000/$200,000 after 2011). Temporary Employee/Self-Employed Payroll Tax Cut for 2011 Under current law, employees pay a 6.2% Social Security tax on all wages earned up to $106,800 (in 2011) and self-employed individuals pay 12.4% Social Security self-employment taxes on all their self-employment income up to the same threshold. For 2011, the 2010 Tax Reform Act gives a two-percentage-point payroll/self-employment tax holiday for employees and self-employeds. As a result, employees will pay only 4.2% Social Security tax on wages and self-employment individuals will pay only 10.4% Social Security self-employment taxes on self-employment income up to the threshold. RIA observation: The maximum savings for 2011 will be $2,136 (2% of $106,800). Host of Expired Business Tax Breaks Retroactively Reinstated and Extended Through 2011 A host of business tax breaks that expired at the end of 2009 will be retroactively reinstated and extended through 2011, including: ... the research credit; ... the new markets tax credit; ... employer wage credit for activated reservists; ... 15-year writeoff for qualifying leasehold improvements, restaurant buildings and improvements, and retail improvements; ... 7-year writeoff for motorsports entertainment facilities; ... enhanced charitable deductions for contributions of food inventory, for contributions of book inventories to public schools and for corporate contributions of computer equipment for educational purposes; ... expensing of environmental remediation costs; ... allowance of the Code Sec. 199 domestic production activities deduction for activities in Puerto Rico; and ... the work opportunity tax credit. Long List of Tax Breaks for Individuals Retroactively Reinstated and Extended Through 2011 Many tax breaks for individuals that expired at the end of 2009 will be retroactively reinstated and extended through 2011, including: the $250 above-the-line deduction for certain expenses of elementary and secondary school teachers; the election to take an itemized deduction for State and local general sales taxes in lieu of the itemized deduction permitted for State and local income taxes; increased contribution limits and carryforward period for contributions of appreciated real property (including partial interests in real property) for conservation purposes; the above-the-line deduction for qualified tuition and related expenses; the provision that permits taxpayers age 70 1/2 or older to make tax-free distributions to charity from an Individual Retirement Account (IRA) of up to $100,000 per taxpayer, per tax year (additionally, individuals will be allowed to treat IRA transfers to charities during January of 2011 and as if made during 2010); the increase in the monthly exclusion for employer-provided transit and vanpool benefits to that of the exclusion for employer-provided parking benefits. In addition, the 2010 Tax Reform Act will extend for an additional year (i.e., through 2011), the rule allowing premiums for mortgage insurance to be deductible as interest that is qualified residence interest. Other Provisions Extended Through 2011 The list of energy-related provisions that will be extended through 2011 include: the $1.00 per gallon production tax credit for biodiesel, as well as the small agri-biodiesel producer credit of 10 cents per gallon; the $1.00 per gallon production tax credit for diesel fuel created from biomass; the placed-in-service deadline for qualifying refined coal facilities; the credit for manufacturers of energy-efficient residential homes; the $0.50 per gallon alternative fuel tax credit (but the credit will not be extended for any liquid fuel derived from a pulp or paper manufacturing process); the suspension on the taxable income limit for purposes of depleting a marginal oil or gas well; the Code Sec. 45M credit for US-based manufacture of energy-efficient clothes washers, dishwashers and refrigerators (with modified standards); the Code Sec. 25C credit for energy-efficient improvements to existing homes (reinstating the credit as it existed before passage of the American Recovery and Reinvestment Act (standards for property eligible under Code Sec. 25C are updated to reflect improvements in energy efficiency); and the 30% investment tax credit for alternative vehicle refueling property. Various disaster relief provisions also will be extended through 2011, including: the time for issuing New York Liberty Zone bonds, effective for bonds issued after Dec. 31, 2009; the increased rehabilitation credit for qualified expenditures in the Gulf Opportunity Zone; and the additional depreciation deduction claimed by businesses equal to 50% of the cost of new property investments made in the Gulf Opportunity Zone (expenditures in 2011 will be eligible if the property is placed in service by Dec. 31, 2011). www.irstaxattorney.com 888-712-7690