On December 17, 2010, The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 was signed into law by the President. The personal income tax provisions in this law provide for an extension of the Bush-era tax cuts which were scheduled to expire at the end of 2010. The 2010 Tax Relief Act temporarily extends most of the tax cuts for 2011 and 2012 only.

Income Tax Rates

Individual income tax brackets will remain unchanged for 2011 and 2012, keeping the current structure ranging from 10-35%. The capital gains tax rates will also remain as is for the next two years.

Payroll taxes are reduced by 2 percentage points. Social Security tax rate for the employee-portion will be reduced temporarily to 4.2% for 2011 only. The employer-portion will remain at 6.2%. The Social Security wage base remains at $106,800 for 2011. Medicare tax rates remain unchanged. The self-employment tax rate is temporarily reduced 2 percentage points to 13.3% for 2011 only.

Extension of Tax Credits

The Act extended many personal tax credits through 2012. These credits were either scheduled to expire or reverted back to previous levels in 2011.

• Child Tax Credit
• Earned Income Credit
• Dependent and Child Care Credit
• Adoption Tax Credit
• American Opportunities Credit

Estate Tax

The Estate Tax Credit was enhanced under the Act. The 2011 Estate Tax exempts the first $5.0 million of the estate and then imposes a 35% tax rate on the remainder. This is a significant change from the 2009 level of $3.5 million exemption and 45% tax rate. Further, without this provision, the estate exemption level would have reverted back to $1.0 million.

Other Deductions

• For higher-end taxpayers, there is a two year extension to the elimination of the itemized deduction limitation and the personal exemption phaseout. Both of the temporary repeals have been extended until the end of 2012.
• Retention of marriage relief penalty for certain tax brackets.
• Deductions for educator expenses, student loan interest, qualified tuition and state sales tax have all been extended for one or two years.

As can be seen, the 2010 Tax Relief Act provides many tax saving opportunities for individuals. Please contact us for further information regarding your personal tax situation.

*As of right now, effective 1/1/12, all businesses must give 1099-MISC’s to all goods and services vendors that they pay a total of $600 in aggregate (Not just one single payment, in total), if greater than 250 vendors should be able to file electronically.

*Effective 1/1/11, if you are a passive owner of rental property (don’t do real estate as a main business), you must give 1099-MISC to all goods and service vendors you pay in aggregate $600 (Not just one single payment, in total)

*For New York State, you can no longer opt out of e-filing.  If your return is e-filiable, then you MUST e-file.

*No more $250 educator deduction for K-12 for 2010.

*No more extra $1,000 added to standard deduction if you pay real estate taxes for 2010.

*Making work pay credit is back for 2010 ($400 single, $800 married)

*No hope credit for 2010 but still have lifetime learning and American Opportunities credit for 2010.

*No tuition and fees deduction for 2010.

*Possibility that marriage penalty might be back for married filing jointly 2011.

*First time homebuyer credit done in 2010.  Must have agreement by 4/30/10 and closed by 9/30/10.

*2010 is last year of energy credit, installation of energy equipment still in effect through 2016 (ex. Solar energy, wind energy, geothermal heat pump, fuel cell property).

Stay tuned to find out what Congress decides.