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What Changes in 2008 Tax Law: Tax Breaks Renewed, Recovery Rebate Credit, Homeowner Relief It’s easier than ever to find out if you qualify for EITCIRS Mails Out Letters to Authorized IRS e-file Providers / Date for mailing recipients copies extended
| What Changes in 2008 Tax Law: Tax Breaks Renewed, Recovery Rebate Credit, Homeowner Relief
Economic Stimulus Payments Tax Free Economic stimulus payments are not taxable, and they are not reported on 2008 tax returns. However, the stimulus payment does affect whether a taxpayer can claim the Recovery Rebate Credit and how much credit he or she can get. The credit is figured like last year's economic stimulus payment except that the amounts are based on tax year 2008 instead of 2007. A taxpayer may qualify for the Recovery Rebate Credit if, for example, she did not get an economic-stimulus payment or had a child in 2008. See Fact Sheet 2009-3 for details. In most cases, the IRS can figure the credit. The instructions for Forms 1040, 1040A and 1040EZ have more information. AMT Exemption Increased for One Year For tax-year 2008, Congress raised the alternative minimum tax exemption to the following levels:
Under current law, these exemption amounts will drop to $45,000, $22,500 and $33,750, respectively, in 2009. Form 6251 provides more information. Expiring Tax Breaks Renewed Several popular tax breaks that expired at the end of 2007 were renewed for tax-years 2008 and 2009. As a result, eligible taxpayers can claim:
The non-business energy property credit for insulation, exterior windows, exterior doors, furnaces, water heaters and other energy-saving improvements to a main home is not available in 2008 but will return in 2009. Standard Deduction Increased for Most Taxpayers Nearly two out of three taxpayers choose to take the standard deduction rather than itemizing deductions such as mortgage interest and charitable contributions. The basic standard deduction is:
Higher amounts apply to blind people and senior citizens. The standard deduction is often reduced for a taxpayer who qualifies as someone else’s dependent. New this year, taxpayers can claim an additional standard deduction, based on the state or local real-estate taxes paid in 2008. Taxes paid on foreign or business property do not count. The maximum deduction is $500, or $1,000 for joint filers. Also new for 2008, a taxpayer can increase his standard deduction by the net disaster losses suffered from a federally declared disaster. A worksheet is available in the instructions for Forms 1040 and 1040A. First-Time Homebuyer Credit Those who bought a main home recently or are considering buying one may qualify for the first-time homebuyer credit. Normally, a taxpayer qualifies if she didn’t own a main home during the prior three years. This unique credit of up to $7,500 works much like a 15-year interest-free loan. It is available for a limited time only –– on homes bought from April 9, 2008, to June 30, 2009. It can be claimed on new Form 5405 and is repaid each year as an additional tax. Income limits and other special rules apply. Tax Relief for Midwest Disaster Areas Special tax relief related to severe storms, tornadoes or flooding, occurring after May 19, 2008, and before Aug. 1, 2008, is available to individuals in portions of Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska and Wisconsin that were affected by these disasters. Tax benefits include:
Details on these and other relief provisions are in Publication 4492-B . Contribution Limits Rise for IRAs and Other Retirement Plans This filing season, more people can make tax-deductible contributions to a traditional IRA. The deduction is phased out for singles and heads of household who are covered by a workplace retirement plan and have modified adjusted gross incomes (AGI) between $53,000 and $63,000, compared to $52,000 and $62,000 last year. For married couples filing jointly, in which the spouse who makes the IRA contribution is covered by a workplace retirement plan, the income phase-out range is $85,000 to $105,000, up from $83,000 to $103,000 last year. Where an IRA contributor who is not covered by a workplace retirement plan is married to someone who is covered, the deduction is phased out if the couple’s income is between $159,000 and $169,000, up from $156,000 and $166,000 in 2007. The phase-out range remains $0 to $10,000 for a married individual filing a separate return who is covered by a retirement plan at work. The worksheet in the instructions for Form 1040 Line 32 or Form 1040A Line 17 can help a taxpayer figure the IRA deduction. For 2008, the elective deferral (contribution) limit for employees who participate in 401(k), 403(b) and most 457 plans remains unchanged at $15,500. This limit rises to $16,500 in 2009. The catch-up contribution limit for those aged 50 to 70-½ remains at $5,000 in 2008 but rises to $5,500 in 2009. The AGI phase-out range for taxpayers who contribute to a Roth IRA is $159,000 to $169,000 for joint filers and qualifying widows and widowers, compared to $156,000 to $166,000 in 2007. For singles and heads of household, the comparable phase-out range is $101,000 to $116,000, compared to $99,000 to $114,000 in 2007. Standard Mileage Rates Adjusted for 2008 The standard mileage rate for business use of a car, van, pick-up or panel truck is 50.5 cents per mile from Jan. 1, 2008, to June 30, 2008, up 2 cents from 2007. The rate is 58.5 cents for each mile driven during the rest of 2008.
The standard mileage rate for using a car to provide services to charitable organizations is set by law and remains at 14 cents a mile. As noted earlier, special rates apply to the Midwest disaster area. Exemptions Rise The value of each personal and dependency exemption is $3,500, up $100 from 2007. Most taxpayers can take personal exemptions for themselves and an additional exemption for each eligible dependent. An individual who qualifies as someone else’s dependent cannot claim a personal exemption, and though personal and dependency exemptions are phased out for higher-income taxpayers, the phase-out rate is slower than in past years. This is one of more than three dozen individual and business tax provisions that are adjusted each year to keep pace with inflation. A complete rundown of these changes can be found in 2008 Inflation Adjustments Widen Tax Brackets, Change Tax Benefits. Earned Income Tax Credit Rises The maximum earned income tax credit (EITC) is:
Available to low and moderate income workers and working families, the EITC helps taxpayers whose incomes are below certain income thresholds, which in 2008 rise to:
One in six taxpayers claim the EITC, which, unlike most tax breaks, is refundable, meaning that individuals can get it even if they owe no tax and even if no tax is withheld from their paychecks.
Taxes Lowered for Many Investors The five-percent tax rate on qualified dividends and net capital gains is reduced to zero. In general, this reduction applies to investors whose taxable income is below:
Note that taxable income is normally less than total income. The worksheet for Form 1040 Line 44, Kiddie Tax Revised The tax on a child's investment income applies if the child has investment income greater than $1,800 and is:
Previously, the tax only applied to children under age 18. Form 8615 is used to figure this tax. Self-Employment Tax Changes For those who receive Social Security Retirement or disability benefits, any Conservation Reserve Program (CRP) payments are now exempt from the 15.3-percent social security self-employment tax. Schedule SE and its instructions and Publication 225, Farmer’s Tax Guide, have the details. More farmers and self-employed people this year can choose the optional methods for figuring and paying the self-employment tax. These optional methods allow those with net losses or small amounts of business income a way to obtain up to four credits of Social Security coverage. The income thresholds for both the farm optional method and the nonfarm optional method are increased for 2008 and indexed for inflation in future years. Choosing an optional method may increase a taxpayer’s self-employment tax but it may also qualify him for the earned income tax credit, additional child tax credit, child and dependent care credit or self-employed health insurance deduction. Schedule SE and its instructions have details.
IRS Mails Out Letters to Authorized IRS e-file Providers On January 16 the IRS mailed approximately 122,000 letters -- IRS Notice 1383 -- as part of their awareness campaign reminding Authorized IRS e-file Providers that they must not submit electronic returns to the IRS prior to the receipt of all Forms W-2, W-2G, and 1099-R from the taxpayers. A copy of the IRS Notice 1383 is attached. This notice is being sent to Authorized IRS e-file Providers (including Electronic Return Originators, Intermediate Service Providers, Online Providers, and Transmitters) who submitted electronic returns prior to Jan 31st during the 2008 filing season. Below is a copy of the letter sent by the IRS.
You Must Use Form W-2, W-2G or 1099-R Information When Submitting Electronic Returns Why We Are Sending You This Notice This notice is being sent as a reminder that Authorized IRS e-file Providers must not submit electronic returns to the IRS prior to the receipt of all Forms W-2, W-2G, and 1099-R from the taxpayers. What You Need To Do If taxpayers are unable to secure and provide a correct Form W-2, W-2G, or 1099-R, Authorized IRS e-file Providers may submit the electronic return after securing Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. in accordance with the use of that form. This is the only time Authorized IRS e-file Providers should submit an electronic return with information from pay stubs or Leave and Earning Statements.What Happens If You e-file Without The Correct Documents The IRS monitors Authorized IRS e-file Providers for compliance with Revenue Procedure 2007-40 and other IRS e-file rules and requirements. The IRS conducts monitoring visits to Authorized IRS e-file Providers to investigate complaints and to ensure compliance. The IRS may warn or sanction Providers that violate IRS e-file rules and requirements. The IRS categorizes the seriousness of infractions as Level One, Level Two, or Level Three. Sanctions range from a written reprimand to suspension or expulsion from participation in IRS e-file depending on the seriousness of the infraction. What You Can Do If You Are Sanctioned Authorized e-file Providers may appeal sanctions through the Administrative Review Process. This process is described in Publication 3112, IRS e-file Application and Participation. Where You Can Get More Information Please see Publication 1345, Handbook for Authorized IRS e-file Providers of Individual Income Tax Returns, Chapter 3 and Publication 3112, IRS e-file Application and Publication. Publication 3112 and Publication 1345 are available at www.irs.gov.
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Taxsoftware.com News
AMT exemptions rise; several expiring deductions and credits get a new lease on life; a new standard property tax deduction and a special first-time homebuyer credit are available to some homeowners; and retirement savings incentives expand. These are among the changes taxpayers will find when they fill out their 2008 tax returns. More information about these and other changes, summarized below, can be found on IRS.gov and in various IRS documents, including the Instructions for Form 1040.
In addition, the residential energy-efficient property credit is extended through 2016. In general, solar electric, solar water heating and fuel cell property qualify for this credit. Starting in 2008, small wind energy and geothermal heat pump property also qualify. Use Form 5695 to claim the credit.
From Jan. 1, 2008, to June 30, 2008, the standard mileage rate for the cost of operating a vehicle for medical reasons or as part of a deductible move is 19 cents per mile, down a penny from 2007. The rate is 27 cents from July 1 to Dec. 31.
Find out if you are eligible for the Earned Income Tax Credit or EITC by answering some questions and providing basic income information. The program also assists you in determining your correct filing status, determining whether your child(ren) meets the tests for a qualifying child, and estimating the amount of credit you may receive. However, if you were denied the EITC due to a reckless or intentional disregard of the rules, you cannot claim the EITC for the next two years after the denial. If your error was due to fraud, you cannot claim the EITC for the next ten years after the fraud determination.
Form 1040A Line x or Schedule D and its instructions provide details.
You need to claim the recovery rebate credit on Form 1040, 1040A or 1040EZ. The instructions for these forms will show you which lines to use. Unlike the economic stimulus payment, the recovery rebate credit will be included in your tax refund for 2008 and will not be issued as a separate payment.