President Signs Fiscal Cliff Legislation

(January 2, 2013) Following Congressional passage on January 1, 2013, the President signed the American Taxpayer Relief Act of 2012 (H.R. 8 ) on January 2, 2013. January 2, 2013 therefore becomes the enactment date for the legislation, although almost all of the provisions have a retroactive effective date to either January 1, 2012 or January 1, 2013. The act permanently extends the tax cuts from the 2001 and 2003 tax acts with a few exceptions. A 39.6 percent tax rate would apply to single filers with incomes over $400,000 ($450,000 for joint filers). The phase-out of itemized deductions and exemptions would also return for single filers with incomes over $250,000 ($300,000 for joint filers). The estate tax exemption amount would be retained at an inflation adjusted $5,000,000 but the maximum tax rate is increased to 40 percent. The top capital gains rate would also be increased to 20 percent for higher income taxpayers. The bill would also permanently extend alternative minimum tax relief with inflation adjustments to the exemption amount.

Five-year extensions are included for the American Opportunity Tax Credit and certain parts of the Child Tax Credit and the Earned Income Tax Credit. Most of the provisions that had expired at the end of 2011 were extended for two years; however, a number of the expired provisions were not included in the extension. The more popular individual and business regularly expiring provisions were extended, and several extended provisions also included modifications. Bonus depreciation and small business expensing of capital acquisitions were included in the extensions.

A number of non-tax issues were also addressed in the legislation, including unemployment, health, agriculture and sequestration issues. The payroll tax reduction that had been in place for the last couple of years was not included.

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Wolters Kluwer Tax and Accounting

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