Table of Contents
- 2008 Changes
- Recovery Rebate Credit
- Federally Declared Disasters
- Special Rules for Individuals Impacted by Hurricanes Katrina, Rita, and Wilma
- Alternative Minimum Tax (AMT)
- Maximum Tax Rate on Qualified Dividends and Net Capital Gain Reduced
- Investment Income of Certain Children
- Standard Mileage Rate
- Earned Income Credit (EIC) Amounts Increased
- Standard Deduction Increased
- Personal Exemption Amount Increased
- Tuition and Fees Deduction
- Income Limits Increased for Student Loan Interest Deduction
- First-Time Homebuyer Credit
- Hope and Lifetime Learning Credits
- Reduction in Earned Income Needed to Claim Additional Child Tax Credit
- Residential Energy Credits
- Limits Increased for Itemized Deductions
- Deduction for Credit or Debit Card Convenience Fees
- Definition of Qualified Military Benefit Expanded
- Exclusion on Sale of Main Home
- Discharge of Qualified Principal Residence Indebtedness
- Like-Kind Exchanges
- Health Savings Accounts (HSAs)
- Health Flexible Spending Arrangements (FSAs)
- Adoption Benefits Increased
- Income Limits Increased for Reduction of Education Savings Bond Exclusion
- Increase in Deductible Limit for Long-Term Care Premiums
- Increase in Limit on Long-Term Care and Accelerated Death Benefits Exclusion
- Archer Medical Savings Accounts (MSAs)
- Credit for Prior Year Minimum Tax
- Exclusion of Income for Volunteer Firefighters and Emergency Medical Responders
- Social Security and Medicare Taxes
- Wage Threshold for Household Employees
- Special Limitation Period for Retroactively Excluding Military Retirement Pay
- Income Averaging for Farmers and Fishermen
- Failure To File Income Tax Return Penalty Increased
- 2009 Changes
- Economic Recovery Payment
- Making Work Pay and Government Retiree Credits
- Hope Credit Expanded
- Unemployment Compensation
- Alternative Minimum Tax (AMT)
- Qualified Transportation Fringe Benefits
- Definition of Qualifying Child Revised
- Increase in Investment Income Amount of Certain Children
- Standard Mileage Rate
- Earned Income Credit (EIC) Amounts Increased
- Standard Deduction Increased
- Deduction for Sales and Excise Taxes Imposed on Purchase of New Motor Vehicles
- Increase in Personal Casualty and Theft Loss Limit
- Personal Exemption Amount Increased
- New Rules for Children of Divorced or Separated Parents
- Income Limits Increased for Student Loan Interest Deduction
- Income Limits for Lifetime Learning Credit Increased
- Expanded Definition of Qualified Expenses for Qualified Tuition Programs
- Reduction in Earned Income Needed to Claim Additional Child Tax Credit
- Residential Energy Credits
- Limits Increased for Itemized Deductions
- Sale of Main Home
- Health Savings Accounts (HSAs)
- Adoption Benefits Increased
- Income Limits Increased for Reduction of Education Savings Bond Exclusion
- Increase in Deductible Limit for Long-Term Care Premiums
- Increase in Limit on Long-Term Care and Accelerated Death Benefits Exclusion
- Archer Medical Savings Accounts (MSAs) Limits Increased
- Decreased Estimated Tax Payments for Qualified Individuals With Small Businesses
- Social Security and Medicare Taxes
- Wage Threshold for Household Employees
- Health Coverage Tax Credit
This credit is figured like last year's economic stimulus payment, except that your 2008 tax information is used to figure this credit. Your 2007 tax information was used to figure your economic stimulus payment. The maximum credit is $600 ($1,200 if married filing jointly) plus $300 for each qualifying child.
You may be able to take this credit only if:
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You did not get an economic stimulus payment, or
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Your economic stimulus payment was less than $600 ($1,200 if married filing jointly for 2007), plus $300 for each qualifying child you had for 2008.
For more information, see the instructions for Form 1040, line 70; Form 1040A, line 42; or Form 1040EZ, line 9.
New rules apply to losses of personal use property attributable to federally declared disasters declared in tax years beginning after 2007 and that occurred before 2010. A federally declared disaster is any disaster determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. A disaster area is the area determined to warrant such assistance. The new rules discussed here do not apply to losses in the Midwestern disaster areas.
The new rules are as follows.
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The net disaster loss (defined in (3) below) is not subject to the 10% of adjusted gross income (AGI) limit.
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You can deduct a net disaster loss even if you do not itemize your deductions on Schedule A (Form 1040). You do this by completing Form 4684, Casualties and Thefts, and entering your net disaster loss on line 6 of the Standard Deduction Worksheet-Line 40 in the Form 1040 Instructions.
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Your net disaster loss is the excess of—
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Your personal casualty losses attributable to a federally declared disaster and occurring in a disaster area, over
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Your personal casualty gains.
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For more information, see Form 4684.
If you claimed a casualty or theft loss deduction and in a later year you received more reimbursement than you expected, you generally do not recompute the tax for the year in which you claimed the deduction. Instead, you must include the reimbursement in your income for the year in which it was received, but only to the extent the original deduction reduced your tax for the earlier year. However, an exception applies if you claimed a casualty or theft loss deduction for damage to or destruction of your main home caused by Hurricane Katrina, Rita, or Wilma, and in a later year you received a hurricane relief grant. Under this exception, you can choose to file an amended income tax return (Form 1040X) for the tax year in which you claimed the deduction (and for any tax year to which such deduction was included in a net operating loss carryback or carryforward) and reduce (but not below zero) the amount of the deduction by the amount of the grant. If you choose to file an amended return reducing the prior deduction, any underpayment of tax resulting from the reduced deduction will not be subject to any penalty or interest as long as the additional tax is paid not later than 1 year after the filing of the amended return. If you make this choice, you must file Form 1040X by the later of:
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The due date for filing your tax return for the tax year in which you receive the grant (including extensions), or
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July 30, 2009.
For special filing procedures you must follow and more information, see Publication 547, Casualties, Disasters, and Thefts.
The following changes to the AMT went into effect for 2008. For more information, see Form 6251, Alternative Minimum Tax—Individuals, and its instructions.
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An exempt facility bond for which 95% or more of the net proceeds are to be used to provide qualified residential rental projects.
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A qualified mortgage bond.
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A qualified veterans' mortgage bond.
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No AMT adjustment is required for depreciation of qualified recovery assistance property that is eligible for the special depreciation allowance.
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The 90% limit on the ATNOLD does not apply to the portion of an ATNOLD attributable to qualified recovery assistance losses.
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The exemption amount on Form 8914 that is allowable for the regular tax if you provided housing for a person displaced by the Midwestern severe storms, tornadoes, and flooding is also allowable for the AMT.
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The interest on qualified Midwestern disaster area bonds is not a tax preference item. Do not include it on Form 6251, line 12.
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The 90% limit on the ATNOLD does not apply to the portion of an ATNOLD attributable to qualified disaster recovery assistance losses.
For tax years beginning after 2007, the 5% maximum tax rate on qualified dividends and net capital gain (the excess of net long-term capital gain over net short-term capital loss) is reduced to 0%. This reduction applies for both regular tax and AMT. The 15% maximum tax rate on qualified dividends and net capital gain has not changed.
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Was age 18 at the end of 2008 and did not have earned income that was more than half of the child's support, or
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Was a full-time student over age 18 and under age 24 at the end of 2008 and did not have earned income that was more than half of the child's support.
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50½ cents per mile for the period January 1 through June 30, 2008, and
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58½ cents per mile for the period July 1 through December 31, 2008.
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19 cents per mile for the period January 1 through June 30, 2008, and
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27 cents per mile for the period July 1 through December 31, 2008.
The following paragraphs explain the changes to the credit for 2008. For details, see Publication 596, Earned Income Credit (EIC).
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$2,917 if you have one qualifying child,
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$4,824 if you have more than one qualifying child, or
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$438 if you do not have a qualifying child.
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You have more than one qualifying child and you earn less than $38,646 ($41,646 if married filing jointly),
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You have one qualifying child and you earn less than $33,995 ($36,995 if married filing jointly), or
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You do not have a qualifying child and you earn less than $12,880 ($15,880 if married filing jointly).
The standard deduction for people who do not itemize their deductions on Schedule A (Form 1040) is, in most cases, higher for 2008 than it was for 2007. In addition to the annual increase due to inflation adjustments, your 2008 standard deduction is increased by:
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Any state or local real estate taxes you paid that would be deductible on Schedule A if you were itemizing deductions, up to $500 ($1,000 if married filing jointly), and
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Any net disaster loss from a federally declared disaster.
You can figure your 2008 standard deduction by using the 2008 Standard Deduction Worksheet in Publication 501, Exemptions, Standard Deduction, and Filing Information.
The amount you can deduct for each exemption has increased to $3,500 for 2008.
You lose part of the benefit of your exemptions if your AGI is above a certain amount. The amount at which the phaseout begins depends on your filing status. For 2008, the phaseout begins at:
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$119,975 for married persons filing separately,
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$159,950 for single individuals,
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$199,950 for heads of households, and
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$239,950 for married persons filing jointly or qualifying widow(er)s.
Beginning in 2008, you can lose no more than 1/3 of the dollar amount of your exemptions. In other words, each exemption cannot be reduced to less than $2,333.
If your AGI is more than the amount shown for your filing status, use the Deduction for Exemptions Worksheet in the Form 1040 or Form 1040A instructions to figure the amount you can deduct for exemptions.
Beginning in 2008, the definition of qualified education expenses for the tuition and fees deduction for students attending an eligible educational institution in the Midwestern disaster areas in the states of Arkansas, Illinois, Indiana, Iowa, Missouri, Nebraska, and Wisconsin is expanded. See Table 3-2 near the end of chapter 3 in Publication 970, Tax Benefits for Education, for a list of counties. For more information about the tuition and fees deduction, see chapter 6 in Publication 970.
For 2008, the amount of the student loan interest deduction is phased out (gradually reduced) if your filing status is married filing jointly and your modified AGI is between $115,000 and $145,000. You cannot take the deduction if your modified AGI is $145,000 or more.
For all other filing statuses, your student loan interest deduction is phased out if modified AGI is between $55,000 and $70,000. You cannot take a deduction if your modified AGI is $70,000 or more. For more information, see chapter 4 in Publication 970.
If you are a first-time homebuyer, you may be able to claim a one-time tax credit equal to the lesser of:
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$7,500 ($8,000 if you purchased your home in 2009), but only half of that amount if married filing separately, or
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10% of the purchase price of your home.
You may be able to claim the credit if:
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You purchased your main home in the United States after April 8, 2008, and before December 1, 2009, and
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You (and your spouse if married) did not own any other main home during the 3-year period ending on the date of purchase.
If you constructed your main home, you are treated as having purchased it on the date you first occupied it.
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Your modified AGI is $95,000 or more ($170,000 or more if married filing jointly).
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You are, or were, eligible to claim the District of Columbia first-time homebuyer credit for any taxable year. See Form 8859. This rule does not apply for a home purchased in 2009.
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Your home financing comes from tax-exempt mortgage revenue bonds. This rule does not apply for a home purchased in 2009.
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You are a nonresident alien.
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Your home is located outside the United States.
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You sell the home, or it ceases to be your main home, before the end of 2008.
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You acquired your home by gift or inheritance.
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You acquired your home from a related person. A related person includes:
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Your spouse, ancestors (parents, grandparents, etc.), or lineal descendants (children, grandchildren, etc.).
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A corporation in which you directly or indirectly own more than 50% in value of the outstanding stock of the corporation.
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A partnership in which you directly or indirectly own more than 50% of the capital interest or profits interests.
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Beginning in 2008, the following changes apply to the Hope and lifetime learning (education) credits. For more information, see chapters 2 and 3 in Publication 970.
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100% of the first $1,200 ($2,400 if a student in a Midwestern disaster area) of qualified education expenses you paid for the eligible student, and
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50% of the next $1,200 ($2,400 if a student in a Midwestern disaster area) of qualified education expenses you paid for that student.
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Hope credit increased. The Hope credit for students in Midwestern disaster areas is 100% of the first $2,400 of qualified education expenses and 50% of the next $2,400 of qualified education expenses for a maximum credit of $3,600 per student. See chapter 2 of Publication 970 for more information.
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Lifetime learning credit increased. The lifetime learning credit rate for students in Midwestern disaster areas is 40% of qualified expenses paid, with a maximum credit of $4,000 allowed on your return. See chapter 3 of Publication 970 for more information.
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Definition of qualified expenses expanded. The definition of qualified education expenses for the education credits is expanded for students in Midwestern disaster areas. See chapters 2 and 3 of Publication 970 for more information.
For 2008, the amount your earned income must exceed to claim the additional child tax credit is reduced to $8,500.
If your AGI is above a certain amount, you may lose part of your itemized deductions. In 2008, this amount is increased to $159,950 ($79,975 if married filing separately). See the instructions for Schedule A (Form 1040), line 29, for more information on figuring the amount you can deduct.
If you pay your income tax (including estimated tax payments) by credit or debit card, you can deduct the convenience fee you are charged by the card processor to pay using your credit or debit card. The deduction is claimed for the year in which the fee was charged to your card as a miscellaneous itemized deduction on line 23 of Schedule A (Form 1040) (and is subject to the 2% of AGI floor).
A “qualified military benefit” generally means any excludable allowance or other in-kind benefit (other than personal use of a vehicle) received by a member or former member of the uniformed services of the United States or the dependent of such a member because of the member's status or service as a member of such services. The definition of qualified military benefit has been expanded to include payments by a state or a political subdivision thereof to a member or former member of the uniformed services of the United States or to a dependent of such a member if the payments are made only because of the member's service in a combat zone. See Publication 3, Armed Forces' Tax Guide, for more information about qualified military benefits.
The Emergency Economic Stabilization Act of 2008 extended the exclusion from gross income for the discharge of qualified principal residence indebtedness by an additional 3 years. The exclusion now applies to debt discharged after 2006 and before 2013. See Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), and Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals), for more information.
Beginning with exchanges completed after May 22, 2008, the exchange of stock in a mutual ditch, reservoir, or irrigation company may qualify for the nonrecognition of gain or loss under section 1031.
The nonrecognition of gain or loss on the exchange may apply if, at the time of the exchange:
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The company is a section 501(c)(12)(A) organization (determined without regard to the percentage of income collected from members for the purpose of meeting losses and expenses), and
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The shares of stock in the company have been recognized by the highest court in the state in which the company was organized or by an applicable statute of that state as constituting or representing real property or an interest in real property.
A special rule allows amounts in a health FSA to be distributed to reservists ordered or called to active duty. This rule applies to distributions after June 17, 2008, if the plan has been amended to allow these distributions. A qualified reservist distribution is allowed if:
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The individual was, by reason of being a member of a reserve component, ordered or called to active duty for a period in excess of 179 days or for an indefinite period, and
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The distribution is made during the period beginning on the date of such order or call and ending on the last date that reimbursements could be made for the plan year which includes the date of such order or call.
For more information, see Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans.
For 2008, the maximum adoption credit has increased to $11,650. Also, the maximum exclusion from income for benefits under your employer's adoption assistance program has increased to $11,650. These amounts are phased out if your modified AGI is between $174,730 and $214,730. You cannot claim the credit or exclusion if your modified AGI is $214,730 or more. See Form 8839, Qualified Adoption Expenses, and its instructions for more information.
For 2008, the amount of your interest exclusion is phased out (gradually reduced) if your filing status is married filing jointly or qualifying widow(er) and your modified AGI is between $100,650 and $130,650. You cannot take the deduction if your modified AGI is $130,650 or more.
For all other filing statuses, your interest exclusion is phased out if your modified AGI is between $67,100 and $82,100. You cannot take a deduction if your modified AGI is $82,100 or more. For more information, see chapter 9 in Publication 970.
For 2008, the maximum amount of qualified long-term care premiums you can include as medical expenses has increased. You can include qualified long-term care premiums, up to the amounts shown below, as medical expenses on Schedule A (Form 1040).
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Age 40 or under – $310.
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Age 41 to 50 – $580.
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Age 51 to 60 – $1,150.
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Age 61 to 70 – $3,080.
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Age 71 or over – $3,850.
The limit on the exclusion for payments made on a per diem or other periodic basis under a long-term care insurance contract increases for 2008 to $270 per day. The limit applies to the total of these payments and any accelerated death benefits made on a per diem or other periodic basis under a life insurance contract because the insured is chronically ill.
Under this limit, the excludable amount for any period is figured by subtracting any reimbursement received (through insurance or otherwise) for the cost of qualified long-term care services during the period from the larger of the following amounts.
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The cost of qualified long-term care services during the period.
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The dollar amount for the period ($270 per day for any period in 2008).
See section C of Form 8853, Archer MSAs and Long-Term Care Insurance Contracts, and its instructions for more information.
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You were an active participant for any taxable year ending before 2008, or
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You became an active participant for a tax year ending after 2007 by reason of coverage under a high deductible health plan of an Archer MSA participating employer.
The following changes to the credit for prior year minimum tax went into effect for 2008. For more information, see Form 8801, Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts, and its instructions.
For tax years beginning after 2007 and before 2011, gross income does not include:
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Rebates or reductions of property or income taxes provided by a state or local government for providing services as a member of a qualified emergency response organization (defined below). Any such rebate or reduction reduces the amount of the income tax deduction for such taxes.
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Qualified payments made by a state or local government for providing services as a member of a qualified emergency response organization. The exclusion is limited to $30 multiplied by the number of months the member performs such services. A charitable deduction for expenses paid by the member in connection with performing such services must be reduced by any payment excluded from income.
A qualified volunteer emergency response organization is any volunteer organization organized and operated to provide firefighting or emergency medical services for persons in a state or local jurisdiction and required by written agreement with that state or local jurisdiction to furnish such services.
The maximum amount of wages subject to the social security tax for 2008 is $102,000. There is no limit on the amount of wages subject to the Medicare tax.
The social security and Medicare wage threshold for household employees is $1,600 for 2008. This means that if you pay a household employee cash wages of less than $1,600 in 2008, you do not have to report and pay social security and Medicare taxes on that employee's 2008 wages. For more information, see Social security and Medicare wages in Publication 926, Household Employer's Tax Guide.
If you retire from the armed services based on years of service and are later given a retroactive service-connected disability rating by the VA, your retirement pay for the retroactive period is excluded from income up to the amount of VA disability benefits you would have been entitled to receive. You can claim a refund of any tax paid on the excludable amount (subject to the statute of limitations) by filing an amended return on Form 1040X for each previous year during the retroactive period.
Generally, under the statute of limitations a claim for credit or refund must be filed within 3 years from the time a return was filed or 2 years from the time the tax was paid, whichever period expires later. However, if you receive a retroactive service-connected disability rating determination, the statute of limitations is extended for 1 year beginning on the date of the determination. The extension applies to claims for credit or refund filed after June 17, 2008, and does not apply to any tax year that began more than 5 years before the date of the determination.
www.irs.gov/irb/2008-37_IRB/ar07.html.
If you do not file your return by the due date (including extensions) you may have to pay a failure-to-file penalty. For income tax returns required to be filed after 2008, the failure-to-file penalty for returns filed more than 60 days after the due date (including extensions) is increased. In this situation, the minimum penalty is the smaller of $135 or 100% of the unpaid tax.
Any economic recovery payment you receive during 2009 is not taxable. These $250 payments are being made to most people who:
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Receive social security benefits, supplemental security income (SSI), railroad retirement benefits, or veterans disability compensation or pension benefits, and
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Live in a U.S. state, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, or the Northern Mariana Islands.
If you are married and you and your spouse both meet these requirements, each of you may get a $250 payment.
If you are entitled to a payment, you will get it automatically. You do not need to apply for it.
Two new credits you may be able to take for 2009 are the:
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Making work pay credit, and
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Government retiree credit.
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Your modified AGI is $95,000 ($190,000 if married filing jointly) or more,
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You are a nonresident alien, or
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You can be claimed as a dependent on someone else's return.
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You receive a $250 economic recovery payment (described earlier) during 2009,
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Your modified AGI is more than $75,000 ($150,000 if married filing jointly), or
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You take the government retiree credit discussed next.
For tax years 2009 and 2010, the following changes have been made to the Hope credit. The modified credit is also referred to as the American opportunity tax credit.
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The maximum amount of the Hope credit increases to $2,500 per student. The credit is phased out (gradually reduced) if your modified AGI is between $80,000 and $90,000 ($160,000 and $180,000 if you file a joint return). Exception. For 2009, if you claim a Hope credit for a student who attended a school in a Midwestern disaster area, you can choose to figure the amount of the credit using the previous rules. However, you must use the previous rules in figuring the credit for all students for which you claim the credit.
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The Hope credit can now be claimed for the first four years of post-secondary education. Previously the credit could be claimed for only the first two years of post-secondary education.
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Generally, 40% of the Hope credit is now a refundable credit, which means that you can receive up to $1,000 even if you owe no taxes. However, none of the credit is refundable if the taxpayer claiming the credit is a child (a) who is under age 18 (or a student who is at least age 18 and under age 24 and whose earned income does not exceed one-half of his or her own support), (b) who has at least one living parent, and (c) who does not file a joint return.
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The term “qualified tuition and related expenses” has been expanded to include expenditures for “course materials.” For this purpose, the term “course materials” means books, supplies, and equipment needed for a course of study whether or not the materials are purchased from the educational institution as a condition of enrollment or attendance.
For more information, see chapter 2 of Publication 970.
For any tax year beginning in 2009, each recipient of unemployment compensation can exclude from gross income up to $2,400 of the amount he or she received during the year.
The following changes to the AMT went into effect for 2009.
Beginning January 1, 2009, the monthly exclusion for commuter highway vehicle transportation and transit passes increased to $120 and the monthly exclusion for qualified parking increased to $230. Beginning March 1, 2009, the monthly exclusion for commuter highway vehicle transportation and transit passes increased to $230.
Beginning January 1, 2009, you may be reimbursed for reasonable expenses of qualified bicycle commuting. Reasonable expenses include the purchase of a bicycle and bicycle improvements, repair, and storage. The exclusion for a calendar year is $20 multiplied by the number of qualified bicycle commuting months during that year. A qualified bicycle commuting month is any month you use the bicycle regularly for a substantial portion of the travel between your residence and place of employment and you do not receive any of the other qualified transportation fringe benefits. You are not entitled to this exclusion if the reimbursement for bicycle commuting is made under a compensation reduction agreement.
For 2009, the following changes have been made to the definition of a qualifying child.
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To be your qualifying child, the child must be younger than you.
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A child cannot be your qualifying child if he or she files a joint return, unless the return was filed only as a claim for refund.
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If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's AGI is higher than the highest AGI of any parent of the child.
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Your child is a qualifying child for purposes of the child tax credit only if you can and do claim an exemption for him or her.
The amount of taxable investment income a child can have without it being subject to tax at the parent's rate has increased to $1,900 for 2009.
The following paragraphs explain the changes to the credit for 2009.
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$3,043 if you have one qualifying child,
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$5,028 if you have two qualifying children,
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$5,657 if you have three or more qualifying children, or
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$457 if you do not have a qualifying child.
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You have three or more qualifying children and you earn less than $43,279 ($48,279 if married filing jointly),
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You have two qualifying children and you earn less than $40,295 ($45,295 if married filing jointly),
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You have one qualifying child and you earn less than $35,463 ($40,463 if married filing jointly), or
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You do not have a qualifying child and you earn less than $13,440 ($18,440 if married filing jointly).
The standard deduction for people who do not itemize their deductions on Schedule A (Form 1040) is, in most cases, higher for 2009 than it was for 2008. In addition to the annual increase due to inflation adjustments and the increase allowed for the deduction for certain real estate taxes and a net disaster loss, your 2009 standard deduction is increased by any state or local sales tax imposed on the purchase of a qualified motor vehicle in 2009 after February 16. For details, see Deduction for Sales and Excise Taxes Imposed on Purchase of New Motor Vehicles, next. To figure your 2009 standard deduction now, see Worksheet 2-3 in Publication 505.
In 2009, you can deduct the state or local sales and excise taxes imposed on the purchase of a qualified motor vehicle after February 16, 2009, and before 2010. A qualified motor vehicle includes a passenger automobile, light truck, or motorcycle, the original use of which begins with that purchaser and that has a gross vehicle weight rating of 8,500 pounds or less. A qualified motor vehicle also includes a motor home, the original use of which begins with that purchaser. The amount of tax you are able to deduct is limited to the tax that is imposed on the first $49,500 of the purchase price of the vehicle. The deduction is phased out over a $10,000 range that begins when modified AGI is more than $125,000 ($250,000 if married filing a joint return). No deduction is allowed when modified AGI is equal to or more than $135,000 ($260,000 if married filing a joint return). The new deduction can be used to increase the amount of your standard deduction or you can take it as an itemized deduction (if you are not electing to take the state and local general sales tax deduction).
Generally, a personal casualty or theft loss must exceed $500 to be allowed for 2009. This is in addition to the 10% of AGI limit that generally applies to the net loss.
The amount you can deduct for each exemption has increased to $3,650 for 2009.
You lose part of the benefit of your exemptions if your AGI is above a certain amount. The amount at which the phaseout begins depends on your filing status. For 2009, the phaseout begins at:
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$125,100 for married persons filing separately,
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$166,800 for single individuals,
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$208,500 for heads of households, and
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$250,200 for married persons filing jointly or qualifying widow(er)s.
For 2009, each exemption cannot be reduced to less than $2,433.
See Publication 505 for more information on figuring the amount you can deduct.
For 2009, the amount of the student loan interest deduction is phased out (gradually reduced) if your filing status is married filing jointly and your modified AGI is between $120,000 and $150,000. You cannot take the deduction if your modified AGI is $150,000 or more.
For all other filing statuses, your student loan interest deduction is phased out if your modified AGI is between $60,000 and $75,000. You cannot take a deduction if your modified AGI is $75,000 or more. For more information, see chapter 4 in Publication 970.
For 2009, the amount of your lifetime learning credit is phased out (gradually reduced) if your modified AGI is between $50,000 and $60,000 ($100,000 and $120,000 if you file a joint return). You cannot claim a lifetime learning credit if your modified AGI is $60,000 or more ($120,000 or more if you file a joint return). For more information, see chapter 3 in Publication 970.
The definition of qualified higher education expenses for tax-free distributions from a qualified tuition program is expanded to include amounts paid in 2009 or 2010 for the purchase of computer software, any computer or related peripheral equipment, fiber optic cable related to computer use, and Internet access (including related services) that are to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is enrolled at an eligible educational institution.
For more information, including restrictions on qualifying software, see chapter 8 of Publication 970.
For 2009, the amount your earned income must exceed to claim the additional child tax credit is reduced to $3,000.
If your AGI is above a certain amount, you may lose part of your itemized deductions. In 2009, this amount is increased to $166,800 ($83,400 if married filing separately).
See Publication 505 for more information on figuring the amount you can deduct.
Gain from the sale or exchange of the main home is no longer excludable from income if allocable to periods of nonqualified use.
Generally, nonqualified use means any period after 2008 where neither you nor your spouse (or your former spouse) used the property as a main home (with certain exceptions).
A period of nonqualified use does not include:
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Any portion of the 5-year period ending on the date of the sale or exchange that is after the last date you (or your spouse) use the property as a main home;
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Any period (not to exceed an aggregate period of 10 years) during which you or your spouse is serving on qualified official extended duty:
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As a member of the uniformed services,
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As a member of the Foreign Service of the United States, or
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As an employee of the intelligence community; and
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Any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the IRS.
To figure the portion of the gain that is allocated to the period of nonqualified use, multiply the gain by the following fraction:
For 2009, the maximum adoption credit has increased to $12,150. Also, the maximum exclusion from income for benefits under your employer's adoption assistance program has increased to $12,150. These amounts are phased out if your modified AGI is between $182,180 and $222,180. You cannot claim the credit or exclusion if your modified AGI is $222,180 or more.
For 2009, the amount of your interest exclusion is phased out (gradually reduced) if your filing status is married filing jointly or qualifying widow(er) and your modified AGI is between $104,900 and $134,900. You cannot take the exclusion if your modified AGI is $134,900 or more.
For all other filing statuses, your interest exclusion is phased out if your modified AGI is between $69,950 and $84,950. You cannot take the exclusion if your modified AGI is $84,950 or more. For more information, see chapter 10 in Publication 970.
For 2009, the maximum amount of qualified long-term care premiums you can include as medical expenses has increased. You can include qualified long-term care premiums, up to the amounts shown below, as medical expenses on Schedule A (Form 1040).
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Age 40 or under – $320.
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Age 41 to 50 – $600.
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Age 51 to 60 – $1,190.
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Age 61 to 70 – $3,180.
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Age 71 or over – $3,980.
The limit on the exclusion for payments made on a per diem or other periodic basis under a long-term care insurance contract increases for 2009 to $280 per day. The limit applies to the total of these payments and any accelerated death benefits made on a per diem or other periodic basis under a life insurance contract because the insured is chronically ill.
Under this limit, the excludable amount for any period is figured by subtracting any reimbursement received (through insurance or otherwise) for the cost of qualified long-term care services during the period from the larger of the following amounts.
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The cost of qualified long-term care services during the period.
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The dollar amount for the period ($280 per day for any period in 2009).
See section C of Form 8853 and its instructions for more information.
For Archer MSA purposes for 2009, the minimum annual deductible of a high deductible health plan increases to $2,000 ($4,000 for family coverage). The maximum annual deductible of a high deductible health plan increases to $3,000 ($6,050 for family coverage). The maximum out-of-pocket expenses limit increases to $4,000 ($7,350 for family coverage).
For 2009, qualified individuals with small businesses may be eligible to make smaller estimated tax payments. If you qualify, your required annual payment for 2009 is the smaller of 90% of the tax shown on your 2008 tax return or 90% of the tax shown on your 2009 tax return. You must check box F in Part II on Form 2210 or box C on Form 2210-F to certify that you qualify.
You are a qualified individual if:
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More than 50% of your gross income was from a business that had an average of fewer than 500 employees in 2008, and
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Your AGI in 2008 was less than $500,000 ($250,000 if you are filing married filing separately for 2009).
The maximum amount of wages subject to the social security tax for 2009 is $106,800. There is no limit on the amount of wages subject to the Medicare tax.
The social security and Medicare wage threshold for household employees is $1,700 for 2009. This means that if you pay a household employee cash wages of less than $1,700 in 2009, you do not have to report and pay social security and Medicare taxes on that employee's 2009 wages. For more information, see Social security and Medicare wages in Publication 926.
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