The recently passed 2006 Tax
Relief and Health Care Act is a wide-ranging
measure that preserves a variety of popular
tax breaks for families and businesses,
extends energy provisions encouraging
alternative and renewable energy sources,
and includes trade, oil drilling, and
Medicare provisions. Here is a look at the
key tax provisions in the new law that
directly affects individual taxpayers.
Extension and modification
of certain tax relief provisions.
The new law extends through 2007,
and in certain circumstances modifies,
provisions which under prior law either
expired at the end of 2005 or would have
expired at the end of 2006. These include:
Tuition deduction.
The tax deduction for qualified higher
education expenses is extended through 2007.
The deduction allows taxpayers to deduct up
to $4,000 (depending on their income) of
higher education expenses in lieu of
claiming the Hope or Lifetime Learning tax
credits. The deduction is taken
"above-the-line," meaning that it
may be claimed by all individual taxpayers
regardless of whether they itemize their
deductions.
State and local general
sales taxes.
The tax break allowing individual
taxpayers to elect 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
is extended through 2007. Taxpayers have two
options for determining deductible sales
tax: (i) actual sales tax paid if receipts
are maintained for IRS verification or (ii)
approximate sales tax paid as estimated in
tables provided by the Secretary of the
Treasury plus sales tax on certain
additional items (such as a boat or car)
that may be added to the table amount.
Combat pay treated as earned
income for purpose of the earned income tax
credit.
The rule allowing excluded combat pay to
count as income for purposes of calculating
the earned income tax credit is extended
through 2007.
Deduction for certain
expenses of elementary and secondary school
teachers.
The tax break permitting elementary and
secondary school teachers and certain other
school professionals to deduct up to $250 of
out-of-pocket costs incurred to purchase
books, supplies and other classroom
equipment is extended through 2007. The
deduction is available to all individual
taxpayers regardless of whether they itemize
their deductions.
Availability of medical
savings accounts.
New contributions to Archer medical
savings accounts ("Archer MSAs")
may be made through 2007 (instead of through
2005, as under prior law). New contributions
may be made after 2007 only by or for
individuals who previously had Archer MSAs,
and employees who are employed by a
participating employer. Individuals may make
tax-deductible contributions to an Archer
MSA to pay for health care expenses. The
distributions are tax-free if used to pay
for eligible medical expenses.
Extension of certain
expiring energy provisions and other energy
provisions.
The new law provides an extension
through 2008 of a number of energy
provisions that would have expired at the
end of 2007 under prior law. For
individuals, the most important of these
provisions is a one-year extension of the
30% tax credit for the purchase of
residential solar water heating, solar
electric equipment and fuel cell property
through Dec. 31, 2008.
Health savings account
provisions.
The new law includes many changes
for health savings accounts (HSAs),
including: allowing one-time rollovers from
health flexible spending accounts (FSAs) and
health reimbursement arrangements (HRAs)
into HSAs (after the enactment date and
before 2012); repeal of the annual plan
deductible limit on HSA contributions (after
2006); expanded contributions limit for part
year coverage (after 2006); and allowing
one-time rollovers from IRAs into HSAs
(after 2006).
Other tax relief provisions.
The new law also contains a package
of other tax provisions designed to provide
additional tax relief and certainty to
taxpayers. These include:
Incentive stock option AMT
provisions.
For tax years beginning after the
enactment date, a new law change allows
individuals to take advantage of a
refundable credit with respect to certain
long-term unused alternative minimum tax
(AMT) credits existing before Jan. 1, 2013.
The annual credit amount, subject to a
phase-out, is the greater of (i) the lesser
of $5,000 or the amount of the long-term
unused AMT credit, or (ii) 20% of the amount
of the long-term unused AMT credit. This
provision is designed to help taxpayers who
wound up with AMT problems because of their
exercise of incentive stock options.
Sale of residences by
intelligence officers.
The new law gives non-military
intelligence officers stationed abroad the
same liberalized home sale exclusion rules
available to active military personnel. This
change applies to sales of homes after the
enactment date of the new law and before
Jan. 1, 2011.
Premiums for mortgage
insurance.
A new itemized deduction for the cost of
premiums for mortgage insurance on a
qualified personal residence is established.
The deduction is phased-out ratably by 10%
for each $1,000 by which the taxpayer's
adjusted gross income exceeds $100,000. The
new deduction applies for 2007 only.
Frivolous submissions.
The new law increases the penalty for
frivolous tax return submissions from $500
to $5,000 and expands the penalty to all
taxpayers and all types of federal taxes.
This increased penalty also applies to
frivolous submissions for lien and levy
collection due process, installment
agreements, offers-in-compromise, and
taxpayer assistance orders.
Please keep in mind that we
have described only the highlights of the
new law. If you would like more details on
any aspect of this legislation, please
contact us at your earliest convenience.