
163 North St
Auburn, NY 13021
ph: 3152553074
fax: 3152552895
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Tax Credit of Up to $8,000 for First-Time Homebuyers and $6,500 for Existing Homeowners
The Congress and the Obama Administration extended and expanded the wildly popular 2008 first-time homebuyer tax credit.. In addition, the income limits were increased, making even more people eligible.
Existing homebuyers are eligible to receive a tax credit of 10% of the purchase price up to $6,500 if they bought and closed on a replacement home by September 30, 2010. In order to be eligible for the credit, homeowners must have lived in the same principal residence for any five-consecutive-year period during the past eight years. They are not required to sell or dispose of their current home, but the new home must become their principal residence.
If you purchased and closed on a primary residence before September 30, 2010, and are a “first-time” homebuyer, you can qualify for a tax credit of 10% of the purchase price up to $8,000. To be eligible, you must not have owned a residence in the United States in the previous three years.
To qualify for either credit, you must have signed a binding contract to buy the house by April 30, 2010, and closed on it by September 30.
Members of the armed forces who were on official extended duty outside of the United States for at least 90 days between Jan.1, 2009, and May 1, 2010, may qualify for a one-year extension.
The credit is refundable to the extent it exceeds your regular tax liability, which means that if it more than offsets your tax liability, you’ll get a refund check. But it does not offset the Alternative Minimum Tax.
In addition, income limits were expanded from earlier versions of the credit. Homebuyers who file as single or head-of-household taxpayers can claim the full credit if their modified adjusted gross income (MAGI) is less than $125,000. For married couples filing a joint return, the combined income limit is $225,000.
Single or head-of-household taxpayers who earn between $125,000 and $145,000, and married couples who earn between $225,000 and $245,000 are eligible to receive a partial credit. The credit is not available for single taxpayers whose MAGI is greater than $145,000 and married couples with a MAGI over $245,000. Also, homes costing more than $800,000 are not eligible for the credit.
Payroll Tax Credit
For 2009 and 2010, Congress gave workers a credit of 6.2 percent of their earned income, capped at $400 for single filers and $800 for joint filers. For single filers, the credit starts phasing out at $75,000 of Adjusted Gross Income and dries up at $95,000. The phaseout zone for couples is $150,000-$190,000. Employees will get the credit in advance via lower income tax withholding in each paycheck, not as a rebate check.
Self-employed taxpayers can reduce their quarterly estimated payments to get an advance benefit from the credit. The exact amount of the payroll tax credit for the year will be calculated on the filers’ tax returns.
Personal Exemptions
For 2010, each personal exemption you can claim is worth $3,650, the same as in 2009.
Standard Deductions
For 2010, the standard deduction for married taxpayers filing a joint return is $11,400, the same as in 2009.For single filers, the amount is $5,700 in 2010, up by $250 over 2009. Heads of household can claim $8,400 in 2010, up $50 from 2009.
Income Phaseouts for Itemized Deductions and Personal Exemptions for High-Income Taxpayers
The amount of itemized deductions and personal exemptions you can take are normally phased out as your income rises. In 2010, however, those income limits have been repealed. However, they are scheduled to resume in 2011.
Tax-Free Parking for Employees
Companies can pay for $230 a month of parking tax-free for employees. The cap on tax-free transit passes is now $230 a month as well, the same as for parking.
Tax Credit for College Tuition
For 2010, the Hope credit is replaced by a new credit. Now called the American Opportunity Credit, it provides a credit of up to $2,500 per student per year for four years of college. It now also covers the cost of books, and begins to phase out at $80,000 of Adjusted Gross Income for single filers and $160,000 for joint filers. If the credit is more than your income tax liability, 40 percent of it is refundable. Also, the full credit is allowed against the Alternative Minimum Tax.
Child Tax Credit
If the credit exceeds the filer’s tax liability, all or part of the credit will be refunded if the filer earns more than $3,000 in 2009 and 2010, down from $12,550 in earnings previously.
Earned Income Tax Credit (EITC)
For families with three or more children, the maximum Earned Income Tax Credit for 2010 rises by $628.50. And the phaseout of the credit for joint filers starts at higher income levels in 2010, allowing more of them to claim the credit.
Nontaxable Combat Pay Allowed for Earned Income Tax Credit (EITC)
The election to include nontaxable combat pay in the calculation of earned income for the Earned Income Tax Credit applies for 2010.
Higher Income Limits for Deductible IRAs and for Roth IRAs
If you are covered by a retirement plan at work, you can take a full IRA deduction in 2010 if your modified Adjusted Gross Income is less than $109,000 (married filing jointly) or $66,000 (single or head of household). A partial deduction is allowed until your Adjusted Gross Income reaches $109,000 if you are married filing jointly, or $75,000 if you are single or a head of household. Also, the opportunity to contribute to a Roth IRA is now phased out as your modified Adjusted Gross Income rises between $166,000 and $176,000 if you are married filing jointly, or $105,000 to $120,000 if you are single or a head of household.
Tax Rate on Capital Gains
The tax rate on capital gains from the sale of assets held longer than one year remains at zero percent for people in the 10 percent or 15 percent tax brackets. The 15 percent maximum tax rate on long-term capital gains for taxpayers in higher brackets also remains the same. Rates are scheduled to increase in 2011.
Tax Rate on Dividends
Similarly, the special 5 percent maximum rate on dividends of taxpayers in the 10 percent and 15 percent tax brackets remains at zero percent through 2010. Rates are scheduled to increase in 2011.
Higher Annual Gift Tax Exemption
For 2010, you can give up any individual up to $13,000 without owing any gift tax.
Credit for Residential Energy Efficient Property
The credit for 30 percent of the cost of installing solar water heating equipment, solar electric equipment, geothermal heat pumps or small wind turbines in your primary residence or a second home is unlimited in 2010. But the credit for fuel cell property cannot exceed $500 per half-kilowatt capacity.
Credit for Energy-Saving Home Improvements
The tax credit for the cost of energy-saving home improvements is 30 percent for 2010, up to a combined maximum of $1,500 in both 2009 and 2010. It applies to qualified insulation, windows, outside doors, biomass fuel stoves and high-efficiency furnaces, water heaters and central air conditioners.
Converting a Second Home to a Primary Home
If you convert a second home into a principal residence after 2008, you may not be able to exclude all of your gain. A portion of the gain on a subsequent sale of the home will be ineligible for the home-sale exclusion of up to $500,000, even if the seller meets the two-year ownership-and-use tests. The portion of the profit that’s subject to tax is based on the ratio of the time after 2008 when the house was a second home or a rental unit, to the total time you owned it. So if you have owned a vacation home for 18 years and make it your main residence in 2011 for two years before selling it, only 10 percent of the gain (two years of nonqualified second home use divided by 20 years of total ownership) is taxed. The rest qualifies for the home-sale exclusion of up to $500,000.
Refundable Child Tax Credit
The income threshold needed to qualify to claim the child tax credit if it exceeds your regular income tax bill is $3,000.
College Savings Plans
529 College Savings Plans can now be tapped tax-free to pay for a computer or Internet access.
Estimated Tax Relief for Owners of Small Businesses
If an individual’s Adjusted Gross Income for 2009 was less than $500,000 and more than half of the gross income was from a business with fewer than 500 workers, the estimated income taxes for 2010 estimated tax payments can be based on the lesser of 90 percent of tax liability for 2009 or 2010. The usual estimated tax benchmarks of 100 percent or 110 percent of tax liability do not apply.
The federal estate tax will be eliminated for estates of individuals who die in 2010 unless Congress acts to retain it. It has not yet done so.
Domestic Production Activities Deduction
In 2010, this deduction increases to nine percent of qualifying business net income. This deduction applies to businesses engaged in construction, engineering or architectural services, film production, or the lease, rental or sale of equipment you manufactured. However, the rate remains six percent for oil and gas companies.
Educators' Deduction
You can deduct up to $250 ($500 if married filing joint and both spouses are educators, but not more than $250 each) of any unreimbursed expenses you paid or incurred for books, supplies, computer equipment (including related software and services), other equipment, and supplementary materials that you use in the classroom. You must have worked at least 900 hours a school year in a school that provides elementary or secondary education.
Tuition and Fees Deduction
The deduction for up to $4,000 of college tuition and fees expires after 2010, unless Congress extends it.
Direct Donations of IRAs to Charity
IRA owners age 70½ or older may continue to directly donate part of their IRA balance to charity.
Income Earned Abroad
The maximum foreign earned income exclusion is increased to $91,500. This is a $100 increase from 2009.
Section 179 Expense Deduction
The maximum amount of equipment placed in service that businesses can expense continues at $250,000 for 2010. The deduction was scheduled to drop to $135,000 but was extended by Congress.
Limits on Deducting Farm Losses
Beginning in 2010, the amount of farm losses you can enter to offset nonfarm income is capped at the greater of $300,000 or your net farm income over the past five years. But this limit will apply only if you get federal farm payments or Commodity Credit Corporation (CCC) loans. You can take suspended losses in later years. The caps will also apply to partners and S corporation owners.
Exemptions for the Alternative Minimum Tax
For 2010, the exemption levels drop to $45,000 for married filing jointly, $33,750 for singles and heads of household, and $22,500 for married couples filing separately. Congress, can, however, act in 2010 to extend the relief that was available in 2009, although it has not yet done so.
Partial Exclusion for Unemployment Benefits
For 2010, the first $2,400 of unemployment benefits you receive is no longer tax-free.
Sales Tax Deduction for New Vehicles
Beginning in 2010, buyers of new vehicles no longer get a tax benefit for sales tax paid on new vehicles, unless they itemize and elect to deduct sales taxes instead of state income taxes.
Higher Tax Rates
Beginning in 2011, tax rates that were in effect prior to 2001 return. The top income tax rate goes back to 39.6 percent, and the special low 10 percent bracket is eliminated. Whether this will actually happen will be at the heart of a spirited battle in Congress during 2010.
Estate Tax Revived
For individuals dying after 2010, the federal estate tax returns with a $1million exemption and a 50 percent maximum rate. Congress is likely to take some action on these rules during 2010 but has not yet done so.
Increase in Capital Gains and Dividend Tax Rates
The tax rate reductions for long-term capital gains and dividends is scheduled to expire this year.
Child Tax Credit
The credit of $1,000 per eligible child reverts to $500 after 2010. After 2010, none of the child tax credit will be refundable to taxpayers unless their earned income is more than $12,550. This is one of the many Bush tax cuts currently scheduled to expire after 2010.
Section 179 Expense Deduction
The maximum amount of equipment placed in service that businesses can expense drops to $25,000, down from $250,000 in 2010 unless Congress acts to change it.
Tax Credit for College Tuition
The Hope Credit is again limited to the first two years of college and is capped at $1,800. None of the credit is refundable if it is more than your regular income tax liability.
Earned Income Tax Credit (EITC)
Temporary increases in the Earned Income Tax Credit for filers with three or more children and the higher income levels for the phaseout of the credit are repealed.
Mortgage Insurance Premiums
The special itemized deduction for mortgage insurance premiums paid on mortgages taken out after 2006 expires on Dec. 31, 2010.
Credit for Energy-Saving Home Improvements
The 30 percent tax credit of the cost of energy-saving home improvements reverts to 10 percent after 2010, and is capped at $500.

Investment tax credit: If a taxpayer was certified as a “qualified investment project” (QIP) prior to the June 30 expiration, it would retain such status for the remainder of 2010 and for the next nine years for the purposes of the Empire Zone investment tax credit. A taxpayer certified as an Empire Zone project before June 30 would continue to be designated as such for investment tax credits until April 1, 2014, as would the areas in which the taxpayer was certified.
Capital tax credit: If an area is no longer designated an Empire Zone because of the expiration of the program, a taxpayer who made a contribution of money before June 30 to a community development project approved by the DED in that area, could continue to claim the Empire Zone capital tax credit for additional contributions to the project up until April 1, 2014.
A person who, with the intent to evade tax, fails to file either personal income tax or corporate tax returns (Articles 9, 9-A, 13, 32, 33, or 33-A) for three consecutive years would be guilty of a class E felony under the bill, provided that the person indeed had an unpaid liability with respect to each of those three years. For corporate taxes, the unpaid liability in each of the three years would have to exceed a $250 threshold. Effective: immediately (for offenses after effective date).
Copyright 2009 JGL MANAGEMENT CONSULTING. All rights reserved.
163 North St
Auburn, NY 13021
ph: 3152553074
fax: 3152552895
jgl