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HIGHLIGHTS OF PERTINENT TAX CODE CHANGES
(TY 2015)

© 2016 Monica Haven, E.A., J.D., L.L.M.
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Last Minute Legislation (again):
lastminute "Protecting Americans from Tax Hikes Act of 2015" was enacted on December 18th. Purposefully named so that the resulting acronym would yield PATH, we are left to wonder exactly what path Congress chose to follow. Accustomed to uncertainty throughout much of every year, we wait with bated breath for the annual year-end legislative scramble that all but ensures that the IRS will postpone the opening of the tax season [this time to January 19th]. With code provisions set to expire and others left unaddressed, taxpayers often have only days to take action in hopes of avoiding precisely those tax hikes which our legislators seek to so magnanimously protect us from. Is this then a PATH to salvation or ruin? Although some taxpayers may herald a few tax savings, the Joint Committee on Taxation estimates that PATH will ultimately increase the federal deficit by $622 billion over the next 10 years.


"Permanent" Changes:
The bipartisan deal [318 to 109 in the House; 65 to 33 in the Senate] decreed that some provisions would be permanent if, in fact, anything on the Hill could be considered inviolable; at least until the next batch of legislators take office! Taxpayers have now been "guaranteed" that the American Opportunity Credit will provide a tax savings of up to $2,500/year for the first 4 years of post-secondary education; that school teachers may claim an above-the-line deduction of as much as $250/year for classroom supplies; that self-employed and business taxpayers may expense (rather than depreciate) up to $500,000/year of newly purchased equipment; that 100% of the gain on sale of §1202 Small Business Stock is excludable; that sales tax may be deducted in lieu of state and local income taxes paid.


Tax Extenders:
Some provisions were extended only for another year, others for periods ranging from two to five years. The exclusion of mortgage debt relief was extended through December 2016 [although CA has now eliminated even partial conformity which means that residents will likely face a hefty state tax bill even if debt cancellation is exempt from federal taxation!!!]; generous bonus depreciation provisions were extended but will be phased out on a sliding scale between now and 2019; the deduction for qualified tuition expenses and mortgage insurance premiums, as well as energy credits for qualified home improvements have been extended through year-end.


Stuff you don't care about:
questionman In the interest of full disclosure and for your entertainment, it’s only fair to tell you about some of the other, less touted provisions (albeit no less hailed by the lobbyists who were paid big bucks to ensure that the interests of those who bankrolled them would be heard), including that the depreciable life of race horses has been deemed to be 3 (instead of 7) years if “placed in service” before the end of 2016; that motorsports entertainment complexes [read:  International Speedway of Daytona and Talladega] may be depreciated over 7 (rather than 39) years; that certain film and television production expenses may be depreciated; that corporations [read:  StarKist] seeking to operate in American Samoa receive a generous tax break; that certain recreation performance outerwear products will not be subject to tariff increases; and, most importantly, that IRS employees are familiar with and act in accordance with taxpayer rights mandated by the Bill of Rights of 2014.  Thus, 2½ years after protective provisions were placed on the books, Congress finally demands that our government employees know how to do their jobs!  Maybe you do care about this last one?


Filing Deadlines:
The federal filing deadline will be Monday, April 18th this year; here’s why:  Emancipation Day, the anniversary of the abolition of slavery, will be celebrated on Friday, April 15th.  Normally the holiday is observed in the District of Columbia on April 16th but because that falls on a Saturday this year, the holiday has been shifted to the Friday before. filingdead And while state and local holidays are not usually honored by the federal government, the IRS nevertheless considers this one a federal holiday for tax-filing purposes.  With offices closed on Friday, the tax filing day is then automatically shifted to the following Monday.  CA has opted to conform to IRS rules, but because Maine and Massachusetts will celebrate Patriot's Day (commemorating the Battles of Lexington and Concord) on Monday, April 18th, taxpayers in those states may file as late as Tuesday, April 19th!  Be sure to study up; there will be a test question about these dates on the final.


Heads up for next year!
headsupIt gets worse next year (2017) when we will be required to file returns for the 2016 tax year.  As per the recently enacted Surface Transportation and Veterans Health Care Choice Improvement Act [no, I did not make up this title] which was primarily drafted to provide for a 3-month stop-gap extension of the Highway Trust Fund [of course!], the following new filing deadlines will go into effect:
Entity
(calendar year filers)
Tax Form Current Filing Date
& Extended Deadline
NEW Filing Date
& Extended Deadline

Corporations

1120

March 15
September 15

Before 12/31/25
April 15
September 15

Beginning 1/1/26
April 15
October 15

S-Corp

1120-S

March 15
September 15

No Change

Partnership

1065

April 15
September 15

March 15
September 15

Trusts

1041

April 15
September 15

April 15
September 30

Non-Profits

990

May 15
August 15 (1st extension)
November 15th

May 15
November 15

Note that the filing deadlines for individual returns (Form 1040) remain unchanged; however, other critical deadlines have been modified:

  • http://thumbs.dreamstime.com/t/past-future-image-road-sign-40517765.jpgForeign Account Reporting (FinCEN 114):  Taxpayers must e-file on or before June 30th, 2016 if they had authority over financial accounts abroad with a combined value in excess of $10,000 at any time during 2015.  The filing deadline for future years will coincide with the tax filing deadline on April 15th; taxpayers may request a 6-month extension to October 15th.  NOTE:  Taxpayers may also be required to file Form 8938 and attach it to their income tax return if the aggregate value of foreign financial assets exceeds $50K. Beginning in January 2017, CA will conform to FATCA reporting requirements; failure to supply a copy of the federal Form 8938 to the state will result in a $10,000 state penalty in addition to any applicable federal penalties.

  • Free Application for Federal Student Aid (FAFSA):  The online application becomes available January 1st of each year and is generally required to be filed in the spring of the calendar year in which the student intends to enter college; CA schools, for example, mandate filing on or before March 2nd, 2016 for the school year which begins with the Fall 2016 term.  However, for the 2017/18 academic year, the application will be available as early as October 1st, 2016 and applicants will be allowed to use income information from tax returns that have already been filed in an earlier year; thus, students (parents) may report submit 2015 (rather than 2016) tax return information.

  • In hopes of combatting identity theft, the IRS has issued temporary regulations confirming that the filing deadline of information returns remains unchanged on the last day of February each year but that the automatic 30-day extension that was previously available, would now be replaced by a non-automatic extension available “only in limited cases.”  Affected returns include Forms W-2, W-2G, 1095-B, 1095-C, 1098, 1099, 5498, 1042-S, and 8027.  Additionally, Forms 1098 issued by mortgage companies must include the outstanding loan balance, in addition to the interest paid, beginning January 1st, 2017.

  • Fiduciaries will be required to furnish information returns to any person acquiring property from a decedent’s estate, ensuring that the beneficiary uses a basis that is consistent with the value reported on the estate tax return.  The new rules apply to estates required to file Form 706 at any time after July 1st, 2015; although reporting has been postponed by the IRS to February 29th, 2016 to enable the IRS to provide additional guidance.



Tax Saving Strategies:
The following list of suggested tactics may serve to reduce your federal (and sometimes state) tax liability although each strategy may not yield the same result for every taxpayer.  Please contact my office for a personal consultation.

Qualified Charitable Distribution (QCD):  In years past, seniors over the age of 70½  could elect to make a direct IRA-to-charity transfer, thereby avoiding the inclusion of their Required Minimum Distribution (RMD) in taxable income, minimizing the taxability of Social Security benefits, lowering Adjusted Gross Income (AGI) thresholds for various itemized deductions, and potentially avoiding the Medicare Surtaxes.  The QCD provision expired at the end of 2014 but was retroactively reinstated for the 2015 and permanently extended for 2016 and beyond!

Donor Advised Fund (DAF):  An account established at a public charity which gives donors the ability to make a current lump-sum contribution while postponing the selection of qualified charitable beneficiaries.  The National Philanthropic Trust suggests thinking of a DAF as a checking account to which a donor may contribute as often as he would like and only recommend a grant to one or many charities when he is ready.  Taxpayers should, of course, confirm that the DAF is indeed eligible to receive tax-deductible charitable contributions and that the minimum contribution amounts and annual fund fees are reasonable.

College Access Tax Credit (CATC):  A 50% credit against state taxes for amounts donated to fund Cal Grants for low-income college students.  While there is no federal credit, taxpayers may instead claim an itemized deduction on Schedule A.  Online contributions for 2016 may be made beginning March 2nd. The program is currently scheduled to expire at the end of 2017.

California Competes Tax Credit (CCTC):  A non-refundable credit available to businesses that want to locate to or stay and grow in CA.  Credit agreements must be negotiated between taxpayers and the Governor's Office of Business and Economic Development (GO-Biz).

Qualified Longevity Annuity Contract (QLAC):  Available to allow taxpayers to defer the RMD requirement past the age of 70½, although QLAC distributions must begin no later than age 85.  This fixed annuity may be funded with 25% of the taxpayer’s IRA up to $125,000 and guarantees a lifetime income stream which may be passed to spousal and other beneficiaries in the event that the plan owner dies before the contract payouts have been fully distributed.

Achieving a Better Life Experience Account (ABLE):  State-managed plans for disabled individuals (blind/disabled before age 26 and eligible for SSI or certified by the IRS with a permanent physical or mental disability).  Contributions (max $14K in 2015) are non-deductible but distributions are tax-free if used to pay for qualified expenses related to the disability.

My Retirement Account (myRA):  Savers with AGI under $131K ($193K if married) can establish no-fee accounts with as little as $25, contribute up to $5,500/year ($6,500 if over age 50), and earn a government-guaranteed rate (currently about 2%) for up to 30 years or until the account value reaches $15K, at which time the balance is automatically rolled over to a ROTH.  Think of it as a starter-IRA.



Affordable Care Act (ACA):
https://timeonhands.files.wordpress.com/2015/11/affordable-care-act-logo.jpgAffected taxpayers may be subject to two separate penalties.

Shared Responsibility Payment:  All individuals and their family members are required to have medical insurance; which must be verified and reported on the taxpayer’s income tax return.  If you obtained coverage through the Health Insurance Marketplace, you will receive Form 1095-A documenting coverage maintained during each month of the prior year (2015).  If you purchased insurance directly from an insurance company, you will receive Form 1095-B; if you were insured through an employer plan, you will receive Form 1095-C.  These forms must be provided to you on or before March 31st.  Since verification of Minimum Essential Coverage is crucial, taxpayers who have all other requisite data, may have to postpone filing until Form 1095 is received.  TAX TIP:  You may submit all available data to me early in the tax season so we need only to await the elusive 1095 to complete the filing process in a timely manner.

In 2015, failure to obtain coverage may cost you a penalty equal to the greater of $325/adult ($162.50/child) or 2% of your yearly household income.  For 2016, these thresholds rise to $695/adult and 2.5% of household income.  You can use this calculator to estimate your penalty.  TAX TIP:  The annual open enrollment period for 2016 is now closed but certain qualifying “life events” (e.g., moving to a new state, certain changes in your income, and changes in your family size) may allow you to obtain coverage at any time during the year.

Repayment of Premium Tax Credit: Taxpayers may be required to refund advance credits received during 2015 to subsidize the cost of monthly premiums for insurance obtained through the Marketplace if actual income reported on the tax return exceeds the amount of income used to determine the premium credit when the insurance was purchased.  Even taxpayers who otherwise have no filing requirement must file a tax return to reconcile the advance credit.  TAX TIP:  Taxpayers who obtain insurance through the Marketplace are required to report life changes (e.g., marriage, divorce, pregnancy, disability and, of course, changes in income) to HealthCare.gov throughout the year to ensure that their coverage needs are met as well as their premiums adjusted to avoid repayment  of excess advance credits received.



Take Note!
Although these rules are not new, they warrant mention:

https://familysearch.org/learn/wiki/en/images/2/2a/Html7.jpgMedicare Surtax:  Wage-earners and self-employed taxpayers with incomes in excess of $200K ($250K if married) are subject to an additional 0.9% FICA tax.  TAX TIP:  Payroll withholding allowances and/or quarterly estimates should be adjusted to cover the additional liability as taxpayers can otherwise be hit with underpayment penalties.

Net Investment Income (NII):  Investment income in excess of threshold amounts ($200K if single, $250K if married) is subject to a Medicare surtax of 3.8%.  Investment income includes dividends, interest, net capital gains, annuities, royalties and net rents, as well as the gain on sale of a principal residence in excess of the allowable §121 exclusion.  Income from tax-exempt interest, VA benefits, self-employed income, IRA and pension distributions are specifically excluded.  TAX TIP:  If possible, spread the receipt of investment income over two or more years or maximize offsetting above-the-line deductions.

Home Office Deduction:  Under the optional safe harbor method, taxpayers may claim a deduction equal to $5/ft² (maximum $1,500) in lieu of separately detailing allowable expenses and depreciation presuming, of course, that they have an area in the home that is used regularly and exclusively for business and that such use is for the convenience of the employer.

Repair Regulations:  Last year, the IRS introduced new reporting requirements for business and rental property repairs in an effort to standardize and simplify taxpayer reporting.  In general, all tangible property purchased for use in a trade or business – except inventory – must be capitalized, except costs for (a) materials and supplies under $200, (b) routine maintenance incurred to keep property in its ordinarily operating condition, (c) de minimis outlays (recently increased to $2,500) for which taxpayer makes an affirmative Safe Harbor election, and (d) maintenance and repair of buildings owned by small taxpayers with outlays of less than $10K.  TAX TIP:  Taxpayers may wish to split multiple projects over two calendar years to avoid the capitalization threshold.



When Age Matters:
Age Matters in Tax LawLastly, here's an easy-to-reference list of ages at which various federal tax rules become relevant.



Age Applicable Tax Rule

0 (at birth)

Taxpayer may be entitled to claim dependency exemption for newborn child

13

Parent may no longer claim Child Care Credit for qualified dependent care expenses

17

Parent may no longer claim Child Tax Credit ($1,000)

18

  • Child is subject to Social Security taxes if employed by parent
  • Cannot make new contributions to child’s Coverdell Education Savings Account
  • Parents may not claim Adoption Credit ($13,400)

19

Child no longer qualifies as a dependent unless full-time student for at least 5 months during the year

24

  • Even if full-time student, child no longer qualifies as a dependent
  • Kiddie tax rules no longer apply

25

Minimum age to claim Earned Income Credit without a qualifying child

27

Parent no longer required to include child on family health plan

30

  • Balance of Coverdell Savings Account must be distributed or rolled over to an account for another qualifying family member
  • Balance of myRA must be rolled over into a ROTH account

40

May deduct the long-term care insurance premiums as a medical expense

50

  • Taxpayer entitled to make additional annual “catch-up” contributions ($1,000) to retirement plan
  • Qualified public safety employee not subject to penalty for early withdrawal from employer’s retirement plan

55

No early withdrawal penalty if taxpayer has separated from service

59½

No penalty for early withdrawal from retirement plan

62

Eligible for reduced Social Security benefits

65

  • Taxpayer entitled to higher Standard Deduction
  • Deduction for medical expenses must exceed 7.5% (not 10%) of AGI [through 12/31/16]
  • May no longer claim the Earned Income Credit without a qualifying child
  • No contributions to Health Savings Account allowed once eligible for Medicare

70

May no longer deduct the long-term care insurance premiums as a medical expense

70½

  • Subject to Excess Accumulation Penalty if Required Minimum Distribution (RMD) not taken from retirement account
  • May make a tax-free withdrawal from an IRA if using a Qualified Charitable Distribution
  • May roll retirement account into a Qualified Longevity Annuity Contract

85

Must begin taking distributions from Qualified Longevity Annuity Contract