Christmas Gift from Congress

 

On December 9, 2006, Congress Approved $45.1 Billion in Tax Breaks for Individuals and Businesses With barely three weeks remaining to the 2006 tax year, Congress has passed a much-anticipated "extenders package." The new law retroactively restores some popular expired tax cuts to the start of 2006. There's much more, however. The new law also enhances some important tax incentives, bolsters Health Savings Accounts, revises deadlines for certain excise taxes, extends some expiring energy credits, makes critical "technical corrections" to existing tax laws, and includes an impressive list of "miscellaneous" tax relief. If you didn't receive our 2006 Christmas Story, click the book above to view it now. The "Tax Relief and Health Care Act of 2006" (H.R. 6111) was approved by the House late on December 8 by a vote of 367 to 45 and a few hours later by the Senate on December 9 by a 79-9 margin. President Bush is expected to sign the bill into law as soon as it reaches the White House. The popular extenders had been moved from one bill to another during 2006 until passed at the last possible moment by a lame-duck Congress as part of a larger health and trade bill. In addition to its $45.1 billion in tax benefits, the new law brings with it special problems ... and opportunities ... for year-end tax planning and the upcoming 2007 tax season. Impact. The Tax Relief and Health Care Act of 2006 adds over 200 changes to a revised Tax Code with which taxpayers and practitioners can barely keep up. The new law represents the last tax bill of the 109th Congress, which over the past two years has enacted major and significant tax legislation, including the Energy Tax Incentives Act of 2005, the Katrina Emergency Tax Relief Act of 2005, the Gulf Opportunity Zone Act of 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the Tax Increase Prevention and Reconciliation Act of 2005 (passed in 2006) and the Pension Protection Act of 2006.

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EXTENDED/ENHANCED TAX BREAKS The extenders portion of the new law was a "must-pass" for Congress. A simple extenders package likely would have been enacted sooner if it had not been attached to more controversial pieces of legislation, such as a bill to reduce the federal estate tax. Senator Max Baucus, D-Montana, who is expected to become chairman of the powerful tax-writing Senate Finance Committee in the new 110th Congress commented: "Next year we need to tackle expiring tax cuts earlier, so Americans won't have to wonder whether Congress will come through." Impact. Time remains for many taxpayers to change the outcome of 2006 tax year returns by employing year-end strategies that maximize the benefits of each "extender." The new law also allows fiscal year taxpayers with tax years ending in 2006 to change elections made on already filed returns to take into account the extension of provisions that expired at the end of 2005. Deduction for State and Local Sales Taxes The American Jobs Creation Act of 2004 allowed taxpayers to deduct either state and local income taxes or state and local general sales taxes as an itemized deduction. This deduction expired on December 31, 2005. However, the popularity of the deduction, especially among residents of states without an income tax, did not go unnoticed on Capitol Hill. Thus, the new law extends it through 2007. Reminder. Taxpayers can calculate their deduction either by saving receipts or using the Optional State Sales Tax Tables in IRS Publication 600. An IRS spokesperson told CCH that it plans to rush publication of the 2006 State Sales Tax Tables (Pub. 600). Comment. A taxpayer may switch from a sales tax to a state income tax deduction each year, or from using the IRS sales tax tables to computing the sales tax deduction by the actual expense method. Impact. Since Congress extended the optional sales tax deduction for 2006 and 2007, loading big-ticket sales tax purchases into 2006 may make sense for those taxpayers able to take advantage of the optional sales tax deduction. Those taxpayers could also defer any state income tax payments into 2007. Higher Education Tuition Deduction The new law extends the popular above-the-line higher education tuition deduction through 2007. 2006 figures. For 2006, a $4,000 above-the-line education deduction is available to single taxpayers with adjusted gross incomes (AGI) of $65,000 or less ($130,000 for joint filers). A $2,000 above-the-line education deduction is available to single taxpayers with adjusted gross incomes up to $80,000 ($160,000 for joint filers). These are the same levels set for the deduction in 2004 and 2005. Caution. Only higher education tuition and qualifying fees are eligible for the deduction. Taxpayers cannot deduct tuition and fees paid for elementary and secondary education. Impact. Taxpayers taking the above-the-line higher education tuition deduction cannot also claim the HOPE or Lifetime Learning credits for the same student. In 2006, the maximum Hope credit is $1,600 per student. The maximum lifetime learning credit is $2,000 per return. The education deduction has a higher phase out range (as indicated above) than the credits, however, making it the only education tax break available for many middle class taxpayers. For 2006, the phase-out of the education credits ranges from $45,000 to $55,000 AGI for single status filers and $90,000 to $110,000 for joint returns. Comment. The HOPE and Lifetime Learning credits were temporarily expanded in 2005 and 2006 for students enrolled in and paying tuition to an eligible education institution located in the Gulf Opportunity Zone. No similar enhancement has been made for the education deduction. Impact. Taxpayers may want to estimate AGI for 2006 and, if it is within the cut off for taking the deduction, pay spring tuition in December. Generally, an education deduction or credit will be allowed for expenses paid in 2006 for enrollment during 2006 or for an academic period beginning in 2006 or in the first three months of 2007. Deferring income into 2007 to make the AGI cutoff level for a 2006 education deduction could also make sense. Teacher's Classroom Expense Deduction Teachers and other education workers can deduct, above-the-line, up to $250 of certain out-of-pocket classroom expenses. This deduction recognizes that many education professionals purchase classroom supplies with their own money. This popular deduction, which in 2005 was claimed by more than three million taxpayers, expired at the end of 2005. The new law extends it through December 31, 2007. Who is eligible? Instructors, counselors, principals, and classroom aides, as well as teachers, who work at least 900 hours during the school year are eligible to take the deduction. Qualifying taxpayers, however, must work in a kindergarten, elementary or secondary school, through Grade 12.   Impact. Qualification under the 900 hour test is measured within the academic year while the $250 deduction is measured in terms of expenses paid for during the calendar year. Teachers who have not reached the $250 level for 2006, either because they have not made purchases or they have not kept receipts, should make sufficient purchases now since any unused portion of the deduction cannot be carried over into 2007. Year-end purchases while school is out for the holidays will qualify for the deduction even if they are not used in the classroom until 2007. Qualifying expenditures. Classroom supplies, such as paper and pens, glue, and scissors qualify, as well as purchases of books and computer equipment, including software. For courses in health and physical education, the supplies must relate to athletics. Comment. Expenses exceeding $250 and for non-classroom supplies may be deducted as an employment- related miscellaneous itemized deduction subject to the two-percent floor by eligible taxpayers who itemize. Research Tax Credit The new law extends the research tax credit to amounts paid or incurred in 2006 and 2007. For 2007, the new law also makes two enhancements that could make the credit more valuable for many businesses. Impact. The research credit provisions are by far the largest of the big ticket items in the entire new law, weighing in at a cost of $16.5 billion over 10 years. Many businesses, however, remain dissatisfied over the temporary status of the credit because of the long-term planning research requires. Businesses likely will continue to press to make the credit permanent in the next Congress. The research credit is generally equal to 20 percent of the taxpayer's "qualified research expenses" that exceed a base amount. However, a taxpayer may elect to take the alternative incremental credit (AIC). The AIC uses a "stated percentage" of qualified expenses that exceed the taxpayer's average research expenditures over four years. Increase In Stated Percentage The new law increases the "stated percentage" beginning in 2007. The amounts under 2006 (and new 2007) law are: 2.65 percent (increasing to 3 percent) of qualified research expenses between 1 and 1.5 of average annual gross receipts; 3.2 percent (increasing to 4 percent) of qualified expenses between 1.5 and 2 percent of average annual gross receipts; and 3.75 percent (increasing to 5 percent) of qualified expenses exceeding 2 percent. Taxpayers on a fiscal year will take into account the percentage that applies to each calendar year. Alternative Simplified Credit The new law also creates an Alternative Simplified Credit for 2007. Under the simplified method, the credit is 12 percent of the qualified research expenses that exceed 50 percent of the average qualified research expenses for the 3 preceding tax years. If the taxpayer has no qualified expenses in any one of the preceding three years, the credit is 6 percent of the current qualified research expenses. Caution. Taxpayers need to be aware that the IRS is watching for abuses of the credit. The agency has instructed its examiners not to rely on prepackaged submissions to substantiate the credit. The IRS has found that prepackaged submissions, while voluminous and well-organized, usually lack information relevant to the audit. Examiners have also been instructed to request research credit computation work papers. Work Opportunity and Welfare- to-Work Tax Credits Congress created the Work Opportunity and Welfare-to-Work tax credits to give employers tax incentives to hire economically- disadvantaged individuals. The new law retroactively renews the two popular credits for 2006 and then combines them, with enhancement, into one credit for 2007. Impact. The combination of the two credits into one is expected to simplify the computation of the credit and, therefore, enhance its use, especially by small businesses. The consolidation is effective in connection with individuals who begin work for the employer after December 31, 2006, and before January 1, 2008, unless extended by the next Congress. Targeted groups. The credits continue to target nine specific groups of economically- challenged individuals. In connection with qualifying groups, the new law repeals the requirement that an ex-felon be from an economically disadvantaged family and raises the age ceiling for food stamp recipients from 25 to 40. Employers also are given additional time to file certification paperwork with the government. Comment. The Katrina Emergency Tax Relief Act of 2005 (KETRA) added certain Hurricane Katrina victims as a targeted-group for the Work Opportunity credit. Amount of credit. The new law does not tinker with the total amount of the credit (although it makes the computation easier by coordinating the definition of "qualifying worker"). For most targeted groups, the credit is 40 percent of qualified first year wages (25 percent if employment is more than 120 but less than 400 hours). Qualified first year wages cannot exceed $6,000. Separate computations apply for recipients of long-term family assistance and summer youth employees. Reminder. The employer's salary and wage deduction is reduced by the amount of the combined credit. Leasehold and Restaurant Improvements The new law extends the 15-year recovery period for certain leasehold and restaurant improvements through 2007. Generally, qualified leasehold improvement property is any improvement to an interior portion of a nonresidential building. Some items, such as elevators and escalators, are expressly excluded. Certain improvements to restaurants also qualify for the tax break. Comment. In the case of a restaurant, more than 50 percent of the building's square footage must be devoted to the preparation of, and seating for on-premises consumption of, prepared meals and the improvements must be made to a building that has been in service for at least 3 years. Brownfields Remediation Costs In 1997, Congress gave taxpayers a special incentive to promote the cleanup of brownfields (areas that are contaminated by industrial waste and toxins). Taxpayers can elect to deduct, rather than capitalize, some environmental remediation costs. This special treatment has been extended through 2007 and was expanded to cover the clean-up of certain petroleum products for payments made during 2006 and 2007. Comment. The Katrina Emergency Tax Relief Act (KETRA) also permits taxpayers to elect to expense some environmental remediation costs, including the cost of cleaning up petroleum products, incurred in the Gulf Opportunity Zone through December 31, 2007. Qualified Zone Academy Bonds Congress has authorized state and local governments to issue special tax-exempt bonds, known as qualified zone academy bonds, to fund educational improvements. The new law renews the authority of state and local governments to issue these bonds for 2006 and 2007 and provides special new rules as to required expenditures, arbitrage and reporting requirements. Corporate Donations of Computer and Scientific Equipment The new law extends and enhances through 2007 the deduction for corporate donations of scientific property used for research, computer equipment and technology to schools and public libraries. For contributions made after 2005, the provision expands the deduction to allow equipment "assembled by" the donor to qualify for the deduction. New Markets Tax Credit Under the New Markets Tax Credit program, investors receive a credit against federal income taxes for making qualified equity investments in economically-distressed communities. The new law extends the credit through the end of 2008 and requires that regulations be provided to ensure that non-metropolitan counties received a proportional allocation of qualified equity investments. Earned Income Tax Credit for Combat Pay Military personnel can elect to include tax-free combat pay in income for purposes of computing the earned income credit. This provision is available for tax years ending before January 1, 2008. GO Zone Bonus Depreciation The new law extends the placed-in-service deadline from December 31, 2007, to December 31, 2010, for taking the 50 percent bonus depreciation deduction for certain Gulf Opportunity (GO) Zone property. Types of property. The extension applies to nonresidential real property and residential rental property. Only the adjusted basis of such property attributable to manufacture, construction or production before January 1, 2010, would qualify for bonus depreciation. Personal property. The placed-in-service deadline is also extended for personal property used in a building within 90 days of the date the building is placed in service. Qualified Veterans' Mortgage Bonds Qualified veterans' mortgage bonds provide proceeds for mortgage loans to veterans. Five states are eligible to issue these bond. TIPRA revised eligibility requirements and changed the annual volume limits for bonds issued by Alaska, Oregon and Wisconsin. These changes have been made permanent.
HEALTH SAVINGS ACCOUNT ENHANCEMENTS The new law enhances the use of health savings accounts (HSAs). Unlike the extenders, the HSA enhancements are made permanent and most take effect for tax years beginning after 2006. Impact. These provisions are contained in Title III, the Health Opportunity Patient Empowerment Act of 2006. This package, designed to improve the attractiveness of HSAs, will have a major impact on employer-sponsored health care decisions. FSA Rollovers Employees with a health flexible spending account (FSA) or a health reimbursement account (HRA) will be allowed to make a one-time transfer of the balance in their FSA or HRA to an HSA, The maximum transfer amount is the lesser of the balance of the date of transfer or September 21, 2006. The transfer must be made before January 1, 2012. Impact. This provision applies to distributions made on or after the date of enactment. IRA Rollovers The new law allows employees a one-time, once-in-a-lifetime, rollover of funds from their IRAs into an HSA. The election to make the rollover is irrevocable. The change is designed to give employees quicker access to their funds for medical expenses. The provision applies to tax years beginnning after December 31, 2006. And More The new law also repeals the limits on deductible annual contributions, modifies cost of living adjustments, expands the contribution limit for part-year coverage, treats certain FSAs as disregarded coverage, and favorably modifies the comparable contribution rules.
ENERGY EXTENDERS The new law renews several temporary energy incentives. These were enacted as part of the Energy Tax Incentives Act of 2005 (2005 Energy Act). Impact. Noticeably absent from these Energy Extenders is an extension of the residential energy property credit, equal to $500 overall and $200 for thermal windows and doors. Like all the other original energy provisions addressed by the new law, this provision does not expire until the end of 2007 as specified in the original 2005 Energy Act. The alternative vehicle (hybrid) credit, which does not expire until 2010, also was not extended at this time. Deduction for Energy Efficient Commercial Buildings Qualifying taxpayers may deduct costs associated with energy-efficient commercial building property. The property had to be placed in service after December 31, 2005, and before January 1, 2008. The new law extends this date to before January 1, 2009. Business Credit for Energy Efficient New Homes Eligible contractors may claim a tax credit for qualified new energy-efficient homes that they construct and that an individual acquires from the contractor in 2006 and 2007. The credit is generally $2,000 for a new energy-efficient home and $1,000 for a new energy-efficient manufactured home. Under the new law, the credit applies to homes purchased before January 1, 2009. Credit for Residential Alternative Energy Expenditures The 2005 Energy Act provided a nonrefundable personal tax credit of 30 percent of the cost of eligible solar water heaters, solar electricity equipment (photovoltaics) and fuel cell plants. The maximum credit is $2,000 per tax year for each category of solar equipment and $500 for each half kilowatt of capacity of fuel cell plants installed per tax year. The new law extends the credit for one year to property placed in service before January 1, 2009. Renewable Electrical Energy Production Credit The 2005 Energy Act expanded the types of qualified energy resources available for the renewable electrical energy production credit. Generally, electricity must be produced at a qualified facility, such as a wind energy facility. The new law extends the placed in service date for qualifying facilities for one year through December 31, 2008. Clean Renewable Energy Bonds The 2005 Energy Act authorized the issuance of up to $800 billion in tax credit bonds known as clean renewable energy bonds (CREBs) to finance production of electricity from clean renewable sources. Issuance of these bonds was limited to 2006 and 2007. The new law extends this authority through December 31, 2008. Comment. The IRS recently allocated $12 billion to more than 600 projects. More Energy Incentives A few of the many other energy provisions impacted by the new law include: Modifying the advanced coal credit with respect to subbituminous coal; Extending the credit for business installation of qualified fuel cells, stationary microturbine power plants, and solar panels; Extending the reduced excise tax on methanol or ethanol fuel derived from coal; Providing a 25 percent exclusion for capital gains from sale of an interest in a mineral or geothermal deposit on certain federal land to tax exempt entities; and Suspending the limit on percentage depletion for oil and gas produced from marginal wells for tax years beginning in 2006 and 2007.
MORE REGULAR EXTENDERS While addressing the high-profile expired provisions, Congress also took the opportunity within the new law to deal with a collection of other temporary provisions that either had expired or were about to expire. These provisions were initially made temporary either because Congress wanted to re-evaluate them after a test period or because the budget money wasn't available at the time to make them permanent. The new law provides that, in addition to those "higher-profile" extenders already highlighted, the following temporary tax breaks continue without interruption through 2007: Availability of Archer Medical Savings Accounts (MSAs); Indian employment tax credit to assist economically-challenged Native Americans; Accelerated depreciation for certain business property on a Native American reservation; D.C. Enterprise Zone and first-time homebuyers tax breaks; and IRS's authority to impose an excise tax on a group health plan's failure to give parity to mental health benefits.
AND EVEN MORE TAX RELIEF The other tax provisions in the Tax Relief and Health Care Act of 2006 are a gold mine of tax opportunities for a wide variety of taxpayers. Some of the more notable provisions include: A refundable credit up to $5,000 for the next five years, to certain taxpayers with long-term unused AMT credits who have AMT income from incentive stock options; An itemized mortgage insurance premium deduction available on qualified residences, with phase- out starting at $100,000 AGI, for 2007 only; Giving the Tax Court jurisdiction over stand-alone nondeficiency equitable innocent spouse relief; Expansion of the Code Sec. 199 manufacturing deduction to U.S. businesses with manufacturing activities in Puerto Rico, for 2006 and 2007; A 50 percent first-year expensing permitted for qualified underground mine equipment that exceeds current safety requirements, for costs incurred after the date of enactment for equipment placed in service before December 31, 2008; A credit of up to $10,000 for training mine rescue team members, effective for 2006 through 2008; Increased rewards available under the IRS whistleblower program and the creation of a whistleblower office within the IRS; Permanent modification to the definition of active business under Code Sec. 355; Permanent capital gains treatment for self-created musical works; Tolling the five-year period in the home sale exclusion rules for up to 10 years for employees in the intelligence community; Modification of the unrelated business income tax on charitable remainder trusts; Permanent special rule for loans to qualified continuing care facilities; Technical corrections to enable proper application of the look-through treatment of payments between related controlled foreign corporation under the foreign personal holding company rules; and Technical corrections to allow broader Treasury delegation of the authority to suspend interest where taxpayers involved in certain tax shelter activities have acted reasonably and in good faith.
IRS OPERATIONS The new law extends the IRS' authority for undercover operations and the agency's enhanced information-sharing with other taxing authorities. Undercover operations may continue through January 1, 2008 and information sharing through December 31, 2007. Other IRS provisions include: Changing to the IRS' reward program for taxpayers who turn in tax cheats; and Boosting the penalty for frivolous returns, installment agreements, and other submissions to $5,000. Impact. The IRS has been telling Congress that frivolous filings must be curbed. The new law gives the IRS an enhanced tool to sanction taxpayers who continuously raise bogus arguments.
LOOKING AHEAD TO 2007 It's a whole new ballgame on Capitol Hill in January with Democrats in charge of both the House and the Senate for he first time in many years. Democrats are promising to change the direction of Congress in the "first 100 hours." They are also anticipating longer work weeks and shorter recesses. Tax legislation is high on their agenda. Rep. Nancy Pelosi, D-Calif., the next Speaker of the House, and Sen. Harry Reid, D-Nevada, the next majority leader in the Senate have promised to target tax relief to middle-income Americans. While specifics are still being thrashed out, the Democratic leaders want to see movement on tax incentives for education and working families. They also are looking at scaling back some tax breaks for big oil companies. Rep. Charles Rangel, D-N.Y., who is expected to become chair of the tax-writing House Ways and Means Committee, has indicated the committee will tackle AMT reform. Senator Max Baucus, D-Montana, who will likely become chair of the powerful Senate Finance Committee, has expressed his support for AMT relief. Comment. Many Democrats support "pay-as-you-go," which would require revenue increases to be offset by new spending cuts or tax increases. The Bush Administration has supported pay-as-you-go to the extent that revenue increases are paid for by spending cuts but not tax increases. An Administration official recently said that the White House will take a "wait and see" approach" if the 110th Congress embraces pays-as-you-go.

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