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Inside the 2003 Tax Package

Are you single? Married? A parent? An investor? A business owner? Do you receive earned income or interest income? If you can answer “yes” to any of these questions, you may benefit from the Jobs and Growth Tax Relief Reconciliation Act of 2003.1

This tax cut, the third since the Bush administration took office, accelerates some of the provisions from the 2001 tax package and adds many new ones. Here’s a rundown of the key features.

Reductions accelerated for top four marginal income tax rates: The new brackets, which affect single filers with taxable income greater than $28,400 and married couples with taxable income greater than $56,800, are 25 percent, 28 percent, 33 percent, and 35 percent. (Previously, the brackets were 27 percent, 30 percent, 35 percent, 38.6 percent.) Under the 2001 tax law, these reductions weren’t scheduled to take place until 2006.

The lowest income tax brackets have also changed. The 10 percent bracket established in 2001 has been expanded. For single filers, the first $7,000 of income is taxed at the 10 percent rate instead of 15 percent, up from $6,000 under the old law. For married filers, the endpoint of the 10 percent bracket increases to $14,000 from the former $12,000 limit.

These tax brackets took effect July 1, 2003, but are retroactive to January 1, so some taxpayers may have already seen an increase in take-home pay due to the adjusted withholding requirements.

So-called “marriage penalty” temporarily rectified: Prior to the 2003 tax law, the allowable standard deduction for married couples filing jointly was less than twice the standard deduction for single taxpayers. The new law raises the standard deduction to $9,500, up from $7,950. In addition, the amount of income taxed at 15 percent has increased from the former $47,450 to $56,800, which is double the amount for single filers. However, this provision is temporary, and the standard deduction for married couples will revert to 180 percent of the deduction for singles in 2005 unless Congress acts to extend the measure. If the marriage penalty relief reverts to the old law, the standard deduction for married couples will not double the single-filer deduction again until 2009.

Child tax credit increased: Households with dependent children can claim a $1,000 tax credit for each child (under age 17) in tax years 2003 and 2004, up from $600. Because this is a tax credit rather than a deduction against taxable income, the Treasury has been instructed to mail $400 rebate checks to qualified filers as early as July. As with the marriage penalty relief, this provision will remain in effect until 2005, when the child tax credit will fall to $700. It will rise gradually to $1,000 again in 2010 but revert to $500 in 2011 unless Congress acts to extend or eliminate the expiration date. It’s important to note that the child tax credit phases out for taxpayers with higher adjusted gross incomes.

Dividend taxes lowered: Any qualifying corporate dividend income received by individual shareholders after January 1, 2003, will be taxed at a maximum rate of 15 percent (5 percent for lower-income taxpayers). This represents a significant tax cut for investors who were used to paying marginal income tax rates as high as 38.6 percent on dividend income.

As with other provisions, there are limitations and expiration dates for this special tax treatment. For example, reduced rates on dividends will remain in effect only through 2008, after which dividend income will again be taxed as ordinary income (barring congressional action). Lower-income taxpayers will pay no taxes on dividend income during 2008.

Only dividend income that meets the definition of “qualified dividend income” will benefit from the lower tax rate. Income from real estate investment trusts or from companies structured in a way that helps avoid certain types of taxes are among the exceptions to qualifying dividend income.

Capital gains taxes lowered: The maximum tax on gains from investments held longer than one year has been reduced from 20 percent to 15 percent. Taxpayers in lower brackets will pay only 5 percent, half the former rate. Gains from investments held one year or less are still taxed as ordinary income.

The 15 percent rate applies to sales and exchanges that take place between May 6, 2003, and December 31, 2008. The 5 percent rate will be reduced to zero beginning January 1, 2008, — for one year only. Unless further legislation is passed, the 20 percent maximum capital gains rate will return in 2009.

Deductibility increased for small-business expensing of new investment: Small businesses can deduct up to $100,000 annually for the cost of new investment in the business (the old limit was $25,000). This deduction begins to phase out for businesses that invest more than $400,000, twice the limit under the old law.
To qualify, the investment must take place in tax years 2003 through 2005. The deduction limit and the phaseout limit are indexed to inflation beginning in 2004.

First-year bonus depreciation increased: Fifty percent of the cost of equipment by a small business can be depreciated during the first year, provided the asset is purchased and placed in service between May 5, 2003, and January 1, 2005. The former 30 percent first-year bonus depreciation limit was established by the Job Creation and Worker Assistance Act of 2002.

Alternative minimum tax exemption increased: The cuts in the marginal tax brackets will subject more people to the alternative minimum tax (AMT), which typically can affect taxpayers who make use of a large number of deductions. The new law raises the exemption amount by $9,000 for married taxpayers and $4,500 for single filers in 2003 and 2004.

Why Is It Temporary?
It’s no secret that the 2003 tax-relief package was subject to extensive political debate. It’s typical for the party in power to turn its ideas into laws, only to have them overturned when someone with different ideas comes to power. In fact, there have been five major tax laws in the past 10 years. This indicates that most tax-law provisions will change at some point in the future, and it’s difficult to predict which provisions will change or when. Even provisions with expiration dates could be extended. The prevailing political climate when tax-law expiration dates roll around likely will be the determining factor.

The lesson here is that because of the short-term nature of the tax-law provisions, it’s wise to take advantage of them today because there’s no telling how long they will last. Professional advice may help you spot opportunities created by new the tax measures that apply to your specific circumstances.

1) Before you take any specific action be sure to consult with your tax professional.

© 2002 Emerald Publications

 
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