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New Tax Bill Changes


Lee B

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The Omnibus Spending Bill passed the Senate and has been forwarded to the president.

Copied from the the Journal of Accountancy:

The federal government spending bill passed by Congress on Thursday repeals three health care taxes that were originally enacted as part of 2010 health care reform legislation, makes many changes to retirement plan rules, extends several expired tax provisions, provides disaster tax relief, and repeals the provision that taxed exempt organizations when they provided parking to their employees. The Further Consolidated Appropriations Act, 2020, H.R. 1865, passed the House of Representatives on Tuesday by a vote of 297–120 and the Senate on Thursday by a vote of 71–23. It now goes to President Donald Trump for his signature.

Health care taxes

The three repealed health care taxes are the Sec. 4980I excise tax on certain high-cost employer health plans, popularly called the Cadillac tax; the Sec. 4191 medical device excise tax; and the annual fee on health insurance providers contained in Section 9010 of the Patient Protection and Affordable Care Act, P.L. 111-148.

All three taxes had previously been postponed or suspended, most recently by P.L. 115-120 (a fiscal year 2018 federal appropriations continuing resolution). The Sec. 4980I Cadillac tax had been delayed until 2022. The 2.3% medical device excise tax was suspended through Dec. 31, 2019. And the health insurance fee was suspended for 2019.

The three taxes, which were enacted to fund the health care reform known as Obamacare, have now been repealed.

Retirement plan changes

The bill also incorporates the text of the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, which passed the House of Representatives in May but was never voted on by the Senate.

The bill is designed to encourage retirement savings in various ways and to simplify administrative requirements in order to make it easier for employers to offer retirement plans.

The bill introduces many other changes. Among them, the bill:

Increases the age after which required minimum distributions from certain retirement accounts must begin to 72 (from 70½);

Modifies requirements for multiple-employer plans to make it easier for small businesses to offer such plans to their employees by allowing otherwise completely unrelated employers to join in the same plan;

Reduces Pension Benefit Guaranty Corporation premiums for certain multiple-employer defined benefit plans of cooperatives and charities;

Allows penalty-free distributions from qualified retirement plans and IRAs for births and adoptions;

Makes it easier for long-term, part-time employees to participate in elective deferrals;

Allows consolidated filings of Forms 5500, Annual Return/Report of Employee Benefit Plan, for similar plans;

Allows certain home health care workers to contribute to a defined contribution plan or IRA; and

Requires beneficiaries of IRAs and qualified plans to withdraw all money from inherited accounts within 10 years.

The bill repeals the maximum age for IRA contributions (currently 70½). It also amends Sec. 408 to reduce the amount of deductible charitable IRA contributions allowed to taxpayers over 70½ by the aggregate IRA contribution deductions allowed to them after they turn 70½.

The bill allows certain expenses associated with registered apprenticeship programs to count as qualified higher education expenses for purposes of Sec. 529.

The Sec. 6651 failure-to-file penalty is increased to $435.

The new kiddie tax in Sec. 1(j)(4), which was introduced by the law known as the Tax Cuts and Jobs Act (TCJA), P.L. 115-97, is repealed.

Extenders

The bill also extends many expired tax provisions. Among those extended through 2020 are:

Sec. 108(a)(1)(E), which excludes from gross income the discharge of qualified principal residence indebtedness income;

The Sec. 163(h)(3) treatment of mortgage insurance premiums as qualified residence interest, which permits a taxpayer whose income is below certain thresholds to deduct the cost of premiums on mortgage insurance purchased in connection with acquisition indebtedness on the taxpayer’s principal residence;

The 7.5% (instead of 10%) adjusted-gross-income floor for medical expense deductions in Sec. 213(f); and

Sec. 222, which provides an above-the-line deduction for qualified tuition and related expenses.

Also extended were various incentives for employment and economic growth and for energy production and efficiency.

A number of credits that were scheduled to expire at the end of 2019 were extended through 2020. These include the Sec. 45D new markets tax credit, the Sec. 45S employer credit for paid family and medical leave, the Sec. 51 work opportunity credit, and the Sec. 35 credit for health insurance costs of eligible individuals.

Disaster tax relief

The bill also provides tax relief for victims of various disasters occurring in 2018, 2019, and up to 30 days after enactment of the bill. Eligible taxpayers can make tax-favored withdrawals from retirement plans. The bill also enacts an employee retention credit for eligible employers equal to 40% of qualified wages, which are wages paid to an employee during the time the employer’s business is not operating due to a natural disaster (up to 150 days after the disaster).

The bill also implements special rules for disaster-related personal casualty losses and for determining earned income for purposes of the Sec. 32 earned income tax credit. The bill also introduces automatic 60-day filing extensions for certain taxpayers affected by federally declared disasters.

Parking as UBTI

Finally, the bill repeals Sec. 512(a)(7), which was enacted by the TCJA and which required tax-exempt employers that provide qualified transportation fringe benefits or parking to employees to pay unrelated business income tax on the amount by which a deduction is not allowable under Sec. 274.

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Gee!  Another retirement savings plan.  Love the way congress comes up with acronyms to form a word. SECURE, SIMPLE, JOBS, FAIR, ETC 

For more - https://www.washingtonpost.com/news/the-fix/wp/2015/08/03/364-bills-that-have-been-introduced-in-congress-ranked-by-acronym-quality/

Notice how some of the old tax provisions, excluded from TCJA, are slowly creeping back in, with the 4 extenders.

 

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  • 3 weeks later...

A complete summary of all the resurrected Extenders follows:

"Message from our 2018 Spring Fling speakers

Mary and David Mellem.

 

Tax Change – Extenders Have Been Extended Again

 

There were a few tax issues included in the budget act that President Trump signed December 20, 2019.  This email includes the items commonly known as “extenders”.

 

The following “extenders” have been extended retroactive to January 1, 2018 (yes, we said January 1, 2018) and now have an expiration date of December 31, 2020.  We are not providing explanations of these individual items since they have existed for many years and the only change is to make them available for a longer period of time.

 

- The medical base remains at 7.5% instead of 10% (§213).  (This was already 7.5% for 2018 returns.)

- Deduction for mortgage insurance premiums as qualified residence interest (§163(h)(3)).

- Deduction for tuition and related expenses (§222).

- Nonbusiness Energy Property Credit (i.e., insulation, storm doors/windows, etc.) (§25C).

- Exclusion from income of the debt cancellation that is acquisition indebtedness on the taxpayer’s principal residence of up to $2,000,000 (§108(a)(1)(E)).

- Depreciable life of certain race horses as 3-year property (§168(e)).

- Depreciable life for motorsports entertainment complexes of 7-year property (§168(i)).

- Accelerated Depreciation for business property on Indian Reservations (§168(j)).

- Energy Efficient Homes Credit (aka Builders Credit) (§45L).

- Qualified Fuel Cell Motor Vehicles Credit (§30B).

- Alternative Fuel Refueling Property Credit (§30C).

- 2-Wheeled Plug-in Electric Vehicle Credit (§30D).

- Black Lung Disability Trust Fund Excise Tax (§4121).

- Indian Employment Credit (§45A).

- Railroad Track Maintenance Credit (§45G).

- Mine Rescue Team Training Credit (§45N).

- Expensing under §181(g) for certain productions.

- Various incentives for Empowerment Zone Activities (§1391).

- Economic Development Credit for American Samoa (§119).

- Biodiesel and Renewable Diesel Credit (§40A).

- Second Generation Biofuel Producer Credit (§40).

- Electricity Produced from Certain Renewable Resource Credit (§45).

- Indian Coal Facilities Credit (45(e)).

- Special Allowance for Second Generation Biofuel Plant Property (§168(l)).

- Energy Efficient Commercial Buildings Deduction (§79D).

- Special Rule for Sales or Dispositions to Implement Ferc or State Electric Restructuring Policy for Qualified Electric Utilities.

- Extension and Clarification of Excise Tax Credits relating to alternative fuels (§6426 and §6426).

- Oil Spill Liability Trust Fund Rate (§4611).

 

The following “extenders” were scheduled to expire at the end of 2019 and have now been extended through 2020.

 

- New Markets Credit (§45D).

- Employer Credit for Paid Family & Medical Leave (§45S).

- Work Opportunity Credit (§51).

- Certain Provisions Related to Beer, Wine, and Distilled Spirits.

- Look-thru Rule for Related Controlled Foreign Corporations (§954).

- Credit for health insurance costs of Eligible Individuals (§35(b)).

 

Although some of these extenders may help some taxpayers, we feel Congress acted irresponsible in retroactively extending many of the “extenders”.  The purpose of many of these “extenders” is to give taxpayers a tax incentive to do something.  Reinstating extenders retroactively to January 1, 2018, doesn’t seem like a great way to “incentivize” anyone to do something in 2018 or most of 2019.  It could cause a person to wonder if these “extenders” were passed to reward friends of our elected Congress.

 

On the government side, IRS is now required to revise all applicable forms and schedules (& programming) to take into account the items that were extended for 2019.  We would not be surprised if IRS delays the ability to file tax returns due to this late action by Congress.  Further, IRS is required to revise forms and schedules (& programming) for 2018 to take these into account.  On the taxpayer side, taxpayers will have to decide if it is worth it to amend their 2018 returns including digging out their documentation for the applicable items.  Most taxpayer use a tax professional to prepare their returns and these tax professionals probably won’t prepare the amended returns for free.

 

In fairness, these “extenders” now run through December 31, 2020, which means taxpayers will have an incentive to do something during 202."

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Wait, the new kiddie tax was repealed? So we're back to the old kiddie tax. And one more reason to amend 2018.

The SECURE Act repeals the change to the Kiddie Tax, reverting to the rules that were in effect before 2018.

This change is effective for tax years that begin after December 31, 2019.

However, the legislation allows taxpayers to elect to have the change apply retroactively to the 2018 and/or 2019 tax years. Taxpayers will probably have to file amended federal income tax returns to claim a refund of the excess tax.

https://www.savingforcollege.com/article/congress-passes-kiddie-tax-fix

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Back to trying to deal with divorced parents, getting personal financial information from their tax returns. I have grandparents who manage their grandchildren's investments; I don't even know the parents. It's so awkward asking questions about the parents' tax returns.

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4 hours ago, Lion EA said:

Back to trying to deal with divorced parents, getting personal financial information from their tax returns. I have grandparents who manage their grandchildren's investments; I don't even know the parents. It's so awkward asking questions about the parents' tax returns.

Yeah, I was so glad to hear about the new kiddie tax. They needed to just tweak it instead of going back to the bad old way.

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I don't understand why some of these changes were made, particularly those extenders reinstituted for a closed tax year.  People weren't marching in the streets demanding the education adjustment back, and with the higher standard deduction, even if folks could include PMI many still wouldn't have itemized.  Lobbyists?  I thought when the TCJA was passed that these things were taken away to help pay for the lower tax rates, and the higher standard ded helped mitigate the pain.  Now we have low tax rates and all the tax breaks back--watch out deficit!

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  • 2 weeks later...
3 minutes ago, Chamberlain said:

I was just preparing a 2019 return and the Schedule A still lists the 10% floor.  Anyone have any idea when they might have this fixed to the new 7.5%?

IRS site has the revised form (rev. Jan 2020) that shows the floor at 7.5% so it shouldn't be long before the software vendors have the revised form available too. 

Are you using ATX or something else?

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  • 3 weeks later...
8 minutes ago, cpacountry said:

Does anyone know if/when ATX will update the 2018 program so that we can amend for returns that can now include the mortgage insurance premiums?

I just did one this weekend.   I put it on the other deductions line and explained it on the 1040X.   Hope it does not get rejected for the wrong line, but I needed it to go somewhere.  And I am not waiting for the software company to catch up.

Tom
Modesto, CA

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