DWIGHT HETLETVED PC

CERTIFIED PUBLIC ACCOUNTANT WASHBURN AND GARRISON NORTH DAKOTA

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Recent Tax Law Changes
Tax relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010



Individual and Estate Tax Rates - Individual tax rates had been scheduled to to revert from current levels to 15, 28, 31, 36, and 39.6 percent after December 31, 2010.  The Tax Relief Act extends the individual tax rates through December 31, 2012.

Capital Gains/Qualified Dividends
- The Tax Relief Act continues the treatment of capital gains at either 0% (for taxpayers in the 10 and 15 percent bracket) or 15% (for taxpayers in a bracket higher than 15 percent) until December 31, 2012.

Personal Exemption Phaseout
- The personal exemption phaseout was expected to start at $169,550 for singles and $254,350 for joint filers in 2011.  The Tax Relief Act repeals the personal exemption phaseout until December 31, 2012.

Marriage Penalty - The basic standard deduction for a married couple filing jointly is increased to twice the amount of a single individual.  The Tax Relief Act also temporarily increased the size of the 15 percent tax bracket for married couples filing jointly.  The marriage penalty relief is extended until December 31, 2012.

Child Tax Credit - The $1000 per child tax credit was scheduled to revert back to $500 per qualifying child, but was extended through December 31, 2012.  The phaseouts for taxpayers with higher adjusted gross incomes does continue.

Earned Income Tax Credit - Previous legislation had already increased the beginning and end points of the earned income tax credit for three or more children.  This legislation simplified the definition of earned income, eliminated the rule that reduced a taxpayer's credit by the amount of alternative minimum tax liability, reformed the relationship test, modified the tie-breaking rule, and gave the IRS additional math error authority.  These enhancements are extended through December 31, 2012.

Individual Tax Extenders
- Several temporary individual tax incentives known as "extenders" expired at the end of 2009.  These incentives are back for 2010 and 2011.  They include state and local sales tax dedution, higher education tuition deduction, teacher's classroom expense deduction, charitable contribution of IRA proceeds, and charitable deductions of appreciated property for conservation purpose.

Alternative Minimum Tax - The Tax Relief Act provides an alternative minimum tax (AMT) "patch" intended to prevent AMT from encroaching on middle income taxpayers by providing higher exemption amounts and other targeted relief for 2010 and 2011.

Payroll Tax Cut - Employee share of Social Security taxes is lowered from 6.2 perctent to 4.2 percent for wages earned in calendar year 2011 up to the taxable wage base of $106,800.  Self employed individuals would pay 10.4 percent on self employment income up to the threshold.

100 Percent Bonus Depreciation - Bonus depreciation on qualified investments made after September 8, 2010 and before January 1, 2012 is boosted to 100 percent from 50 percent.  Also makes 50 percent bonus depreciation available for qualified property placed in service after December 31, 2011 and before January 1, 2013

Section 179 Expensing - Section 179 dollar and investment limits were previously increased to $500,00 and $2 million, respectively, for the tax years beginning in 2010 and 2011.  The Tax Relief Act provides for a $125,000 dollar limit and a $500,000 investment limit for tax years beginning in 2012.

Energy Efficiency Improvements for Individuals - The Tax Relief Act extends the credit through 2011, however the new law returns the credit to its pre-2099 Recovery Act parameters.  This reduces the credit back to $500.




Health Care Bill of 2010

View the bill here.

Overview of Changes Taking Place in 2010:

Adoption Credit Increase & Adoption Assistance Program - Increase in adoption tax credit and assistance exclusion by $1,000. The bill makes the credit refundable and extends it through 2011.

Tanning Excise Tax - A 10 percent tax will be imposed on amounts paid for indoor tanning services on or after July 1.

Small business Health Care Tax Credit - Businesses with fewer than 25 employees will get tax credits covering up to 35 percent of their health care premiums, increasing to 50 percent by 2014.

Overview of Changes Taking Place in 2011:

W-2 Reporting Of Health Insurance - Companies will be required to include the value of employer provided health coverage as an information disclosure on the W-2.

SIMPLE Cafeteria Plans - A new SIMPLE cafeteria plan to provide a vehicle for small businesses to offer tax-free benefits will be created. This will ease the small employer's administrative burden of sponsoring a cafeteria plan. If the employer sets up the plan, the employer is required to provide benefits equal to 2% of gross pay or the lesser of 6% of pay or twice the employee's contribution, regardless of whether the employee participates. The rules apply only to non-highly compensated or key employees, but must be available to anyone else who works at least 1,000 hours during the plan year. Employees under 21, with less than 1 year of service, nonresident aliens and union employees may be excluded.

Over The Counter Reimbursements From Flex & HSA Prohibited - HSA and flex plan withdrawals may no longer be used for over the counter drugs unless physician prescribed.

Overview of Changes Taking Place in 2012:

1099 Change For Corporate Payments - Businesses making payments of more than $600 to corporations will now have to issue 1099's to the corporations for both goods and services. If a business files more than 250 Form 1099-MISC's, they are required to file them electronically.

Overview of Changes Taking Place in 2013:

Increase In Medical Itemized Deduction Base For Under 65 to 10% - There will be increases to the income threshold from 7.5 percent to 10 percent of adjusted gross income for medical expense deductions. Those older than 65 can claim the 7.5 percent deduction through 2016.

.9% Surcharge Tax In Medicare For High Income Taxpayers - The Medicare payroll tax will increase from 1.45 percent to 2.35 percent for individuals earning more than $200,000 and married filing jointly above $250,000. This will be paid only by the employee, it is not matched by the employer.

3.8% Surcharge Tax For Unearned Income For High Income Taxpayers - Unearned income will be subject to a special 3.8% surcharge tax for singles with AGI over $200,000 and married filing joint over $250,000. Unearned income includes interest, dividends, capital gains, annuities, royalties and passive rental income, but not tax-exempt interest or qualified retirement plan withdrawals.

Contributions To Flexible Savings Accounts Limit -  Contributions to flexible savings accounts will be limited to $2,500 per year.


Small Business Jobs Act of 2010



Depreciation Changes
Bonus Depreciation: The 50% bonus depreciation provisions that originally expired at the end of 2009 have been extended through 12/31/2010.
 
Section 179: Super Section 179 limits of $250,000 had originally been extended through 12/31/2010. The Act increases Section 179 to $500,000 and extends it through 12/31/2011. The Act also increases the phaseout limit from $800,000 to $2,000,000 for 2010 and 2011. According to the act, Section 179 will drop to $25,000 in 2012.
 
Section 179 Real Property: In possibly the most significant tax change of all, Section 179 for 2010 and 2011 is now allowed for up to $250,000 for qualified leasehold improvements; qualified restaurant property and qualified retail property. This effectively converts a 39 year life asset to an expense for 2010 and 2011.  Also, if a taxpayer spends more than $250,000 in 2010 the excess may be carried over and deducted in 2011. This carryover will not apply to 2012.
 
Amended Section 179 : The ability to amend a return to invoke, revoke or modify Section 179 has been extended through 12/31/2011.

Cell Phone Listed Property: For years beginning after 12/31/2009 cell phones used primarily for business purposes will no longer  be considered listed property.  This means a logbook of business usage will no longer be required.
 
Self Employment Income
Health Insurance: For 2010 only, the self employed health insurance deduction will be deductible against self employment income.


DWIGHT HETLETVED PC
CERTIFIED PUBLIC ACCOUNTANT
620 Main Avenue PO Box 1106        
Washburn, ND 58577-1106 
Phone: (701) 462-3376 
Fax: (701) 462-3371
dwight@hetcpa.com

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