By Warren A. Sidosky, CMA | September 4, 2015 | warrensidosky@gmail.com
Despite having no major new tax legislation making headlines in 2015, you may assume that the tax laws are staying much the same. Of course, you know that’s never the case. Tax laws are always changing. Some change to keep up with inflation, some tax laws are phased in over time, and every year there can be uncertainty about which tax breaks will be extended. Here are some of the changes for 2015 most likely to affect you.
The health insurance penalty is going up significantly.
If you didn’t have health insurance in 2014, and didn’t qualify for an exception to the penalty, the consequences weren’t so bad. You may have paid $95 per person or 1% of your household income, whichever was greater. In 2015, you will pay $325 per person, or 2% of your household income, whichever is greater. That’s a steep increase.
Even if you qualify for one of the many exclusions, you may not know that some exceptions require you to apply for a certificate from the state or federal marketplace. You should do this in plenty of time so you have the required exemption certificate number when you prepare your return.
The IRS is cracking down on IRA rollovers.
It was an easy way to “borrow” retirement money for up to 60 days. Taxpayers could withdraw money from one IRA and wait up to 60 days before you moved it into another IRA. As of 2015, taxpayers can only do that once from an IRA in a 12-month period. If you want to move IRA funds using "trustee-to-trustee" transfers, you can still do that as often as you want.
Health Flexible Spending Accounts (FSAs) are subject to new rules.
The good news for taxpayers who don’t use all their FSA amounts by the end of the year was that as of 2013, you could roll over $500 from an FSA into the next plan year. Starting in 2015, the bad news is that as a result, you will be ineligible to participate in a Health Savings Account (HSA) for the year into which you rolled over an amount from a general purpose FSA.
Foster care payments for relatives may be excluded from income.
If taxpayers are paid to give non-skilled medical support services and care for a person living in their home who has physical, mental or emotional issues, and they receive payments from the state or certified Medicaid provider, those payments can likely be excluded from their taxable income. Previously, a relative could not be considered a foster child, and the income could not be excluded.
Good news about Pell grants, living expenses and education credits.
Pell Grants can now be allocated as living expenses. Doing so may increase the amount of education expense, such as tuition, that taxpayers can use to claim one of the education credits.
The first myRAs are up and running.
These new introductory retirement accounts are now being offered through employers. The myRA, or “my Retirement Account,” charges no fees and offers modest, guaranteed growth. That’s a plus for risk-averse taxpayers and those who are new to investing. You can start a myRA with just $25 and add as little as $5 at a time. When your accounts are worth $15,000, you must roll them over into private-sector Roth IRAs.
Congress just changed the due dates on some tax returns and increased the audit period.
The April 15th Individual IRS tax return due date still holds, including the 6 month automatic extension. But many other filing deadlines were just changed by Congress in an unlikely vehicle, a short-term highway-funding bill. Starting after December 31, 2015:
Partnership tax returns are due March 15, NOT April 15 as in the past. If your partnership isn’t on a calendar year, the return is due on the 15th day of the third month following the close of your tax year.
C corporation tax returns are due April 15, NOT March 15. For non-calendar years, it is due on the 15th day of the fourth month following the close of the tax year.
S corporation tax returns remain unchanged—they are still due March 15, or the third month following the close of the taxable year;
There are other rules too. C corporations with tax years ending on June 30 will continue to have a due date of September 15 until 2025. For years beginning after 2025, the due date for these returns will be October 15.
That non-tax law also increased the IRS audit period from three to six years.
The basic rule is that the IRS usually has three years after you file to audit you. But this is often extended, sometimes voluntarily. One of the biggest exceptions to the three year rule is if you omit more than 25% of your income. In that case, the IRS gets double that time, six years. And that rule was just expanded by Congress, overruling the U.S. Supreme Court.
Omitting more than 25% of your income is called a ‘substantial understatement’ of income. For years, omitting income generally meant that—not overstating deductions or overstating your tax basis in assets. The Supreme Court held in 2012 that overstating your tax basis was not the same as omitting income, so three years was plenty for the IRS! But Congress just overruled the Supreme Court. Now, the tax code says: “An understatement of gross income by reason of an overstatement of unrecovered cost or other basis is an omission from gross income.” The change applies to tax returns filed after July 31, 2015. It also applies to previously filed returns that are still open.
Inflation is always with us.
These annual inflation adjustments for 2015 may affect a high percentage of taxpayers.
Standard deduction. The standard deduction inches up to $6,300 for singles and married persons filing separate returns and to $12,600 for joint filers. The standard deduction for heads of household is $9,250 in 2015.
Higher income levels for limitation on itemized deductions. Taxpayers may see itemized deductions limited if incomes are $258,250 or more ($309,900 for married couples filing jointly).
Personal exemptions. Now a flat $4,000. High-income taxpayers, however, may see the exemption phased out. The phase-out begins with adjusted gross incomes of $258,250 ($309,900 for married couples filing jointly). Personal exemptions are phased out completely at $380,750 ($432,400 for married couples filing jointly.)
39.6 percent tax bracket. This rate affects singles whose income exceeds $413,200 ($464,850 for married taxpayers filing a joint return).
Standard mileage allowance. The business standard mileage allowance for 2015 is 57.5 cents per mile. The rate for medical or moving expenses is down half a cent, to 23 cents per mile. For miles driven in service of charitable organizations, it’s still 14 cents.
Alternative Minimum Tax exemption. The AMT exemption is $53,600, or $83,400 for joint filers.
Earned Income Credit. The maximum EIC amount is $6,242 for taxpayers filing jointly with three or more qualifying children. The maximum amounts for other filing statuses and numbers of children are also adjusted.
Estate tax exclusion. Federal estate tax planning is becoming less of a concern for many taxpayers, as the estate tax exclusion continues to rise. An estate can be worth $5,430,000 before it is subject to federal estate tax.
Foreign earned income exclusion. Taxpayers may now qualify for an exclusion of up to $100,800.
Employer-sponsored healthcare flexible spending arrangements. The annual dollar limit on employee contributions to an FSA rises to $2,550.
Not every amount in the IRS code changed this year. The amount you can give as a gift to any one person without filing a gift tax return is still $14,000. In addition, the amount you can contribute to an IRA remains at no more than $5,500 in a traditional or Roth IRA. If you’re age 50 or older, you can contribute $6,500.
Many expired tax breaks may be extended.
Taxpayers (and tax preparers) may get a surprise this year – permanent or temporary extensions of popular tax breaks long before tax season begins. By a 23-3 bipartisan vote, the Senate Finance Committee sent a package of tax breaks for individuals, businesses, and energy production to the Senate floor in August. Extensions for the following breaks are included in the package or were approved earlier in the year:
Higher education tuition deduction. You may still be able to deduct between $2,000 and $4,000 of qualified tuition expense.
Energy credits. This includes credits for home improvements that improve energy efficiency, such as heating and cooling systems, insulation and windows.
Educator expense deduction. Teachers can claim up to $250 of unreimbursed classroom expenses.
Commuting tax breaks. The extension gives taxpayers who commute by train or bus the same $250 monthly tax break for employer-provided subsidies as those who receive employer assistance for parking costs. The current mass transit deduction is $130 per month.
Deduction for state income tax. This deduction makes a huge difference to residents of states without a state income tax. This extension has already been approved.
IRA charitable donations. IRA owners at least age 70 ½ can still make tax-free donations of up to $100,000 from IRAs to certain qualified charities.
Mortgage forgiveness exclusion. If homeowners who are underwater on your mortgages have part of your loan forgiven by a bank, up to $1 million of the forgiven debt (or $2 million for couples) would be excluded from treatment as income.
Research and development tax credit. This has been extended for two years.
Deduction for small business equipment purchases of up to $2 million. This is extended and now includes computer software.
Work Opportunity Tax Credit. Taxpayers who own businesses can claim a credit equal to a certain percentage of wages paid to new hires of one of nine targeted groups, including members of families receiving benefits under the Temporary Assistance to Needy Families (TANF) program, qualified veterans and ex-felons, designated community residents, vocational rehabilitation referrals, qualified summer youth employees, qualified food and nutrition recipients, qualified SSI recipients, and long-term family assistance recipients.
Energy efficiency tax breaks. This includes a 10 percent credit for energy efficiency improvements to existing homes, and deductions for construction of energy efficient homes and commercial buildings.
About the Author
Warren is a trustworthy business partner, Finance and Operations Expert, Certified Management Accountant and Six Sigma Yellow Belt with over thirty years of experience in the retail/wholesale, fashion, consumer products and distribution industries. He is presently Financial Services Consultant at Warren A. Sidosky, CMA, providing advanced accounting and tax services, financial system implementation, business planning, modeling and forecasting to start-up and established businesses over a wide range of industries. He delivers innovative solutions to complex problems.
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