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Law Alert!


Stimulus Bill Tax Provisions Enacted

On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (Pub L 111–5, 123 Stat 115) containing tax and spending provisions of an estimated $787 billion federal economic stimulus package. This chart summarizes the tax provisions of general interest to practitioners and their clients, including temporary tax credits for individuals and families, expanded renewable energy tax credits, and a variety of business tax incentives.

For further discussion of the business tax incentives, see Small Business Tax Deductions (Cal CEB Annual).

IRC Section

Bill Section

Brief Description

 

Subtitle A: Tax Relief for Individuals and Families

36A (new)

1001

Making Work Pay Credit: 6.2 percent credit on earned income limited to $400 ($800 married filing jointly) in 2009 and 2010. Reduced by 2 percent of gross income above $75,000 ($150,000 married filing jointly). Reduced by $250 payment to Social Security recipients or federal retiree credit, if applicable.

32(b)(3)

1002

Increases earned income tax credit (EITC): Increases credit percentage from 40 percent to 45 percent for 3 or more children. Increases phase-out amount add-on for joint returns from $3000 to $5000.

24(d)

1003

Increases refundable portion of $1000 per child tax credit by reducing amount of earnings above which 15 percent of the credit can be refunded from $10,000 plus cost-of living adjustments ($8500 by special rule in 2008) to $3000 in 2009 and 2010.

25A(i)

1004

American Opportunity Tax Credit: Increases Hope Scholarship Credit to 100 percent of qualified tuition and related expenses up to $2000 (up from $1000) plus 25 percent up to $4000. Total credit of $2500. Increases gross income limit to $80,000 ($160,000 for joint return). Makes 30 percent of credit refundable (up to $750 out of $2500).

529(e)(3)(A)

1005

Computer technology and equipment qualify as qualified education expenses in 2009 and 2010.

36(f)(4)(D)

1006

Homebuyer credit increased from $7500 to $8000. Waives recapture of credit and limits 15-year recapture acceleration period to 36 months for purchases of residences after December 31, 2008, and before December 1, 2009.

85(c)

1007

Suspends income tax on first $2400 of unemployment compensation in 2009.

164(a)(6)

63(c)(1)(E)

1008

Deduction for state and local sales and excise taxes on automobiles purchased in 2009 or 2010 (limited to tax on amount up to $49,500). Non-itemizers eligible. Phased out for taxpayers with gross income above $125,000 ($250,000 for joint returns).

26(a)(2)

1011

Extends AMT relief for nonrefundable personal credits through 2009.

55(d)

1012

AMT relief for 2009. Increases exemption amounts from $69,950 (married joint return), $46,200 (single) to $70,950 (married joint return), $46,700 (single).

 

Subtitle B: Energy Incentives

45(d)

48(a)

1101
1102
1103
1104

Extends renewable energy production tax credit through 2012. Temporary election to take new 30 percent investment tax credit in lieu of production tax credit through 2012 or 2013. Grants for specified energy property in lieu of credits.

25C

1121

Increases credit from 10 percent to 30 percent for nonbusiness energy property.

25D

1122

Removes dollar amount limits on existing 30 percent credit for residential solar thermal, geothermal, and wind property.

30D

30B

1141
1142
1143
1144

Extends $7500 credit for plug-in electric drive vehicles. Phased out beginning after December 31, 2009 after 200,000 vehicles sold per manufacturer. Credit allowed against AMT. $2500 credit for low-speed or 3-wheel vehicles; 10 percent credit up to $4000 for cost of converting to plug-in vehicle.

132(f)(2)

1151

Equalizes parking and transit benefits at $230 per month for 2009 indexed for 2010. Transit benefit was limited to $120 per month in 2008.

 

Subtitle C: Business Incentives

168(k)(2)

1201

Extends 50 percent (or 30 percent) bonus depreciation through 2009.

179(b)(7)

1202

Extends temporary increase of limitations on expensing of depreciable assets ($250,000 reduced by amount in excess of $800,000) through 2009.

172(b)(1)(H)

1211

5-year carryback of Net Operating Losses (NOLs) (up from 2 years) for losses in 2008. Limited to companies with less than $15 million in revenue.

6654(d)

1212

Decrease in estimated payments for taxpayers under $500,000 with at least 50 percent from small business from 100 to 90 percent of preceding year amount.

51(d)(14)

1221

Work Opportunity Credit allowed for unemployed veterans and disconnected youth (age 16-25) hired in 2009 or 2010.

108(i)

1231

Delayed recognition of CODI income on business debt repurchase over 5 years beginning in 2014.

163(e)(5)

1232

Temporary suspension of original issue discount for certain high-yield obligations in 2009.

1202(a)(3)

1241

75 percent (increased from 50 percent) exclusion of capital gain on small business stock held 5 years on sale before January 1, 2011.

1374(d)(7)

1251

Shortens S corporation gain recognition period after conversion from 10 years to 7 years in 2009-2010.

382(m)

1261

Clarifies regulations relating to limitations on NOL carryforwards for built-in losses on ownership change. Notice 2008-83 to have no force and effect after January 16, 2009.

382(n)

1262

Exception to NOL limitations for "certain ownership changes" (reportedly benefits General Motors).

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