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Expiring Tax Provisions – What Will Congress Do?
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Expiring Tax Provisions – What Will Congress Do?

July 2012

Our firm gets asked a lot of 'what will happen with tax rates?'. Today I was listening on NPR about the current debate regarding the Bush Tax Cuts and thought it might be useful to share some information we presented to the clients of our firm a few weeks ago. Below are a list of expiring tax provisions, including the Bush Tax Cuts, but some others that are also very important to businesses, like the Research and Development Credit.

Bush Tax Cuts:

Provision Current Law If Cuts Expire
10% Bracket $8,700 - $17,400 for single / joint Eliminated – 15% bracket
Top Brackets 35%, 33%, 28%, 25% 39.6%, 36%, 31%, 28%
Cap Gains / Dividends 15% 20%
Itemized Deductions No limits 3% reduction above $169,550
Personal Exemption No restrictions 2% reduction for each above $169,500 / $254,350 s/mfj
Child Tax Credit $1,000 / refundable $500 / non refundable
Adoption Any adoption Special needs adoptions
Provision Current Expired
Standard Deduction – Married Couples 200% Single 167% Single
15% MFJ Bracket 200% Single 167% Single
Earned Income Phase out increased MFJ Phase out same as single
Employer Provided Education Up to $5,250 excludable Fully expires
Student Loan Interest $2,500 deducted from AGI, $125,000 - $155,000 income levels – MFJ Only first 60 months interest, $60,000 - $75,000 MFJ
Educational Savings Accounts $2,000 contribution - $190,000 - $220,000 MFJ income limitation $500, $150,000 - $160,000 MFJ income limitation
Estate Tax $5m Exemption, 35% rate $1m Exemption, 55% rate

Other Expiring Provisions:

Individual Business
Teacher Expenses Deducted Above the Line Research & Development Credit
Deduction for State / Local Taxes Misc. Work Credits
Tuition Expenses Deducted Above the Line 15 Year Leaseholds – ability to depreciate
Alternative Minimum Tax Refunds Bonus / SEC 179 Limits (Depreciation)
Energy Efficient Appliances Built In Gains Tax Reduction / Time Limits – C Corp to S Corp conversions
Alternative Fuel Credits Alternative Fuel Credits
Various Disaster / Other Energy Credits (e.g. SEC 179D)

 

The total estimated value associated with these provisions, as calculated by the Congressional Budget Office – is approximately $5.4 trillion over the next ten years – in other words if Congress simply does nothing then the federal government will increase revenue by $5.4 trillion.

While this list is fairly comprehensive and alarming, Congress does have a track record of making last minute bargains on things like depreciation treatment.

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