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Jacob M. Leon, CPA/PFS CFP®

Small Business and Work Opportunity Tax Act

 

On May 25, the President signed into law the Iraq emergency supplemental appropriations bill. The measure carries a minimum wage increase, the Small Business and Work Opportunity Tax Act of 2007 (the Small Business Act), and miscellaneous pension-related technical corrections. The President's signature also operated to set the effective date of various provisions of the Small Business Act.

Here's an overview of the more widely applicable provisions of the Small Business Act.

  • Effective for tax years beginning after May 25, 2007, the kiddie tax rules are broadened to apply to (1) children age 18, and (2) children over age 18 but under age 24 who are full-time students, but only if the earned income of these children doesn't exceed one-half of the amount of their support. For more information on these rules see our article Expanded Kiddie Tax.

  • Effective for tax years beginning after December 31, 2006 and before January 1, 2011, the Small Business Act increases both the maximum annual expensing amount under Code Section 179 and the threshold phaseout amount. For tax years beginning in 2007, the practical impact of these changes is to increase the annual expensing limitation from $112,000 to $125,000, and to increase the phaseout amount from $450,000 to $500,000. The Small Business Act also extends for an additional year (through tax years beginning before January 1, 2011), the increased annual expensing amount and the increased phaseout threshold amount (plus the ability to expense off-the-shelf software), and indexes the increased amounts for inflation in tax years beginning in a calendar year after 2007 and before 2011.

  • Effective for tips received for services performed after 2006, the FICA tip credit isn't reduced by increases in the minimum wage.

  • The work opportunity tax credit (WOTC) and FICA tip credit can offset 100% of AMT liability, effective for WOTCs and FICA tip credits determined in tax years beginning after December 31, 2006 and to carrybacks of those credits.

  • The WOTC is extended 44 months to August 31, 2011 for most targeted groups, effective for individuals who begin work for the employer after May 25, 2007.

  • The Small Business Act eases the requirements for, and renames, the WOTC targeted group called “high-risk youths,” effective for individuals who begin work for the employer after May 25, 2007.

  • The WOTC is expanded to cover “Ticket to Work” plan participants, effective for individuals who begin work for the employer after May 25, 2007.

  • The WOTC for employing certain disabled veterans is enhanced, effective for individuals who begin work for the employer after May 25, 2007.

  • The corporate estimated tax payment due in July, August, and September 2012 for certain very large corporations is increased from 106.25% to 114.25% of the payment otherwise due. This provision is effective on May 25, 2007.

  • A new rule in Code Sec. 6330 excepts levies to collect federal employment taxes from the regular, pre-levy collection due process (CDP) hearing requirement, effective for levies on or after Sept. 22, 2007 (the date that is 120 days after the enactment date).

  • Tax return preparer penalties are broadened and toughened, effective for returns prepared after May 25, 2007.

  • A new penalty for filing erroneous refund claims applies to any claim filed or submitted after May 25, 2007.

  • IRS is given more time (36 months, instead of 18 months) to notify individuals about liability before interest and penalties are suspended, effective for IRS notices provided after November 25, 2007 (the date which is six months after the date of enactment).

  • Effective for tax years beginning after December 31, 2006, where a qualified joint venture is conducted by a husband and wife who file a joint return for the tax year, the joint venture is not treated as a partnership for tax purposes if the spouses elect.

  • S corporation capital gains are not treated as passive income, effective for tax years beginning after May 25, 2007.

  • A number of tax rules for the Gulf Opportunity Zone (GO Zone) are enhanced and/or extended. Examples: expensing is enhanced and extended for property used in highly damaged GO Zone areas, effective for tax years beginning after May 25, 2007; tax-exempt qualified mortgage bond treatment is eased for rehabilitating GO Zone residences, effective for owner financing provided after May 25, 2007, and the low-income housing credit rules are eased for certain qualifying buildings, effective on May 25, 2007.

    For more information on how this may affect your tax situation

    call me at 713-333-7477

    or email me at jacob@thefinancialfirm.com

     

    Any discussion pertaining to taxes in our web site (www.thefinancialfirm.com) may be part of a promotion or marketing effort. As provided for in circular 230 of the IRS, advice related to federal taxes that is contained in this communication is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue code. Individuals should seek advice based on their own particular circumstances from an independent tax advisor.

    Posted 6/6/07

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