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UPDATE: 1/3/08

Click here for continuous IRS updates and answers to your questions.


UPDATE: 12/29/07

The Internal Revenue Service announced that the upcoming tax season is expected to start on time for everyone except certain taxpayers potentially affected by late enactment of the Alternative Minimum Tax “patch.” IRS expects to begin processing returns starting on Jan. 14 except those containing the forms listed below.

The IRS has targeted Feb. 11, as the potential starting date for taxpayers to begin submitting the five AMT-related returns affected by the legislation. The February date allows the IRS enough time to update and test its systems to accommodate the AMT changes without major disruptions to other operations related to the tax season. As the IRS has said previously, it will take approximately seven weeks after the AMT patch was approved to update IRS processing systems completely.

The February delay caused by the AMT patch will affect taxpayers using these five forms:

  • Form 8863, Education Credits
  • Form 5695, Residential Energy Credits
  • Form 1040A’s Schedule 2, Child and Dependent Care Expenses for Form 1040A Filers
  • Form 8396, Mortgage Interest Credit
  • Form 8859, District of Columbia First-Time Homebuyer Credit

UPDATE: 12/20/07

The Senate and House of Representatives have passed the AMT patch for 2007.  We still have to wait on the President to sign the bill and IRS to get the changes up and running.  I can assure you that we will be ready to go when they are. The original date they were going to be accepting tax returns was January 11.  They have not given us the new date. I want to ask each of you to help us spread the word that you can go our website to get the latest update.  We will post the date here as quickly as we receive the information.  Probably the most critical message to get delivered at this time is to plan to come on in as soon as you receive your tax information so we can get your tax return filed.  It is going to be a very lengthy wait if everyone waits until the date of acceptance by IRS. 

Thank you very much for your questions and encouragement.  But most of all, thanks to all of you who contacted your Senators and Representatives, and you need to do it again.  Understand this is only a “patch”.  They have not passed a “fix”.  We have received a one-year postponement. If we don’t want to be sitting in this same spot at the end of 2008, we need to have them revisit this issue early in 2008.


UPDATE: 12/19/07

More than 20 million families will be spared an extra $2,000 tax hit on average after Congress excluded them from a higher alternative tax originally aimed at untaxed multimillionaires.  An eleventh-hour vote on Wednesday to put a one-year freeze on growth of the alternative minimum tax shields many middle- and upper-middle income taxpayers from first exposure to the tax. In 2006 it affected 4 million.

"It is likely that there will be some delays, including delays of some refunds," Treasury Secretary Henry Paulson said. He pledged that the Treasury Department and the IRS would strive to keep taxpayers informed.

It is important to note that delays will be industry wide.  Be very cautious of those who claim they can bypass the delays and get your refund faster.

The bill, which President Bush plans to sign into law, is H.R. 3996.


UPDATE: 12/13/07

Both the Senate and the House have each passed their versions of an AMT patch. While the Senate version only contains legislation to extend the increased exemption for AMT and the allowance for nonrefundable personal credits, the House version [H.R. 4351] contains more than $50 billion in revenue increases. This fact makes the AMT patch's fate uncertain when the Senate considers the proposal. The White House is threatening to veto the bill.

With that said, it is unlikely the IRS will begin processing tax returns before mid-February. The latest news is that the IRS stated that they are looking at a seven week time frame to program their systems once legislation is passed. They have not formally indicated that all tax returns will be delayed, however it is likely that will happen.


UPDATE: 12/12/07

Although both the U. S. House of Representatives and the United States Congress have passed the AMT “patch” for 2007, the bills have yet to be reconciled. 

The Senate-passed bill would leave a trillion-dollar hole in the federal budget over 10 years.  The bill would spare the middle-class households touched by AMT an average of $2,000-per-family increase on 2007 income taxes and would ensure that refunds of as much as $75 billion would be distributed without delay. 

The House-passed bill would be paid for mainly by forcing managers of private equity “buyout” firms and hedge funds to pay ordinary income tax rates on the millions of dollars they earn each year.  Currently, much of those earnings are counted as capital gains and taxed at 15 percent, rather than at the 35 percent income tax rate paid by the nation’s highest earners.

What this all means: 

The IRS is anticipating the AMT “patch” for 2007 however they cannot change the IRS programming for AMT until the act is passed and signed into law by President Bush.

After the law passes, the IRS will require a minimum of seven (7) weeks to reprogram their computers.  The challenge is to modify a program allowing some returns to be processed while restricting those returns which would be affected by the AMT. 

Two potential options are: 

1.  Programming in stacking order to process returns that are unaffected by the AMT or

2.  Not processing until the reprogramming is complete. 

While IRS is uncertain of the date the legislation might pass as well as the particulars of the legislation, they are certain that the tax deadline of April 15 will not be extended

Any potential delay will affect paper filed returns as well as e-filed returns.


Monday, 12/10/2007

In 1969, a law was passed to ensure that wealthy individuals, who could claim many itemized deductions and tax-sheltered transactions, paid at least some minimum tax each year. It was called the Alternative Minimum Tax (AMT). This tax was not indexed to inflation, meaning it affected taxpayers whose income exceeded a certain amount each year, and that amount did not ever change from one year to the next.  Now it is about to affect 23 million unsuspecting middle-class taxpayers with higher taxes as a result. Another 25 million taxpayers will face higher taxes because several credits, such as the child tax credit and ten other such credits expire at the end of 2007. You may be among those affected.

 For years Congress has been aware of this problem and has passed an annual patch (or band-aid) in the law to extend the credits so that unintended taxpayers would not be affected by AMT. The number of potential taxpayers falling victim to AMT has grown so dramatically that a more complex fix is required this year. Unfortunately, Congress can’t agree on how to remedy this situation, so it appears that it could be late this year or early in 2008 before this happens. This will cause a delay in tax return processing. IRS says it will take up to ten weeks to prepare its system for a fix, after it is passed, making it potentially unable to accept individual returns until mid-February or even early March 2008.

The daily news broadcasts have begun reporting the status so you may be able to keep updated on the situation there. We know you have questions and we will be happy to answer them as soon as we can. First, is the question of IRS extending the tax-filing season.  We don’t know and neither do they at this time. Another popular question is whom it affects.  It is easier to say whom it does not affect and that is single or married individuals with no children, their only income from W-2 forms, makes less than $50,000 per year, and qualifies for no credits.  Here are some examples:

Scenario 1 – Single with 2 dependents, Head of Household, Wages of $50,000, paid $6,000 in day care for the 2    children, has no itemized deductions.
Result:
with AMT patch – Refund of $964, but without AMT patch – owes $225

Scenario 2 – Married with 4 dependents, Married Filing Joint, Wages of $75,000, paid $6,000 in day care for 2 children, has itemized deductions of $26,000.
Result: with AMT patch – Refund $6,189, but without AMT patch – Refund - $700

Scenario 3 – Single with 3 dependents, Head of Household, Wages of $75,000, itemized deductions of $15,000.
Result: with AMT patch – Refund $550, but without AMT patch – Owes $1,725

Scenario 4 – Single with 2 dependents, head of Household, Wages of $38,000, paid $6,000 in day care for the 2 children, no itemized deductions.
Result: with and without AMT patch – Refund $2,714

Even though Scenario 4’s refund is not changed by the AMT problem that person’s refund will not be processed until Congress remedies the situation and the IRS is ready to process tax returns, so the y actually are affected.

I encourage you to visit our “Links”.  It will take you to a page where you can find your Senators and Representatives, and even the President of the United States along with all of their contact information.  It would be easy to blame the current majority political party or the President for this serious problem. In reality this has been ongoing since 1969 and has been patched by every Congress and every President since the first expiration of the bill. Now it has reached the end of the line and must have a fix. The President and Congress that we have in office at this time are going to have to reach an agreement and pass a bill, regardless of their political affiliation.  With your encouragement I believe the y will do that. Invest a few minutes of your time in contacting the m and ask the m to expedite this process. They will be adjourning for the Christmas break in just over a week.  They have a lot of work to do and we need to encourage the m to finalize this before their break. I might also add that the y will be the first to tell you that email chain letters do not work. I suggest that you do not participate in the m, but rather contact your representatives directly.  

This news may come as a disappointment to you, especially if you are expecting a refund, but please know that as your tax advisors we are committed to staying on top of this issue and will continue to give you honest information and keep your best interest in mind. My suggestion is that you schedule an appointment with us as always, or just drop in if you don’t mind the uncertainty of waiting, and let us prepare your return as if everything is filing as normal.  Then, once IRS is ready we will let you know (by email and/or phone) and you can stop by and sign your forms, pay at that time, and we will file the m electronically for you. It is a priority to us that your return is ready to file as soon as it becomes possible to do so, and we need to get the m prepared as soon as you get all of your tax information in order to do that. Please do not wait until it nears the date for IRS to accept them before you come in as that will cause long delays for you here in our office.  Neither is filing them on paper the solution.  They have already announced that the y will not even begin to process the paper returns until electronic filing is up and going.  Remember, the y process by computer so even if you mail the m their computers won’t be ready either. 

If you have any questions regarding this or any tax issue, please contact us. As always, it is our pleasure to serve you.

Sincerely,  

Beverly Wyatt and all the Staff at Alliance Tax Service

   
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