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2004 Tax

Some of the Key Changes That Affect Your 2004 Taxes

·         Reduced Tax Rates.  The cornerstone of the new law is rate reduction.  The law accelerates the rate reductions created in 2001 that had been scheduled to become effective in 2006 in most cases.  These rate cuts apply to tax rates above the 15% tax bracket.

The 2003 Act also accelerates the broadening of the 10% tax bracket that had been scheduled to occur in 2008, and adjusts the 15% bracket for married couples filing joint returns.  This change is intended to provide some relief from the marriage penalty.

·         Increase in Child Tax Credit.  A big change was the increase in the child tax credit from $600 to $1,000 per eligible child for 2003 and 2004.  The child tax credit applies for a child under the age of 17 if the taxpayer's AGI is below a threshold amount.

o        Taxpayers with a credit amount more than their tax could get a refund of the difference, up to 10% of the amount by which their 2004 taxable earned income exceeds $10,750. This percentage was raised to 15% for 2004, meaning a larger refund for many of these taxpayers.

·         Capital Gain Rate Reduction.  The top rate on long-term capital gains declines to 15%, down from 20%, for sales and exchanges occurring after May 5, 2003.  As a reminder, this 15% tax rate applies only to gains on assets held for more than one year.

·         Dividend Income Rate Reduction.  Income from qualifying dividend income is now taxed at a top rate of 15%.  Generally, the reduced rates apply only to dividends from a domestic corporation or a qualified foreign corporation.

·         Educators’ Deduction. This had expired at the end of 2003, but was restored for two more years.

·         Clean Fuel Vehicle Deduction. The maximum amount of this deduction was scheduled to drop this year and next, but has been retained at the $2,000 level through 2005.

·         Combat Pay. Some military personnel receiving combat pay get larger tax credits because of two law changes. The new law counts excludable combat pay as income when figuring the Child Tax Credit and gives the taxpayer the option of counting or ignoring combat pay as income when figuring the Earned Income Tax Credit. Counting combat pay as income when calculating these credits does not change the exclusion of combat pay from taxable income.

·         Sales Tax Deduction. Taxpayers who itemize deductions will have a choice of claiming a state and local tax deduction for either sales or income taxes on their 2004 and 2005 returns. Publication 600, Optional State Sales Tax Tables provides tables to use in determining the deduction amount, relieving taxpayers of the need to save receipts throughout the year. Sales taxes paid on motor vehicles and boats may be added to the table amount, but only up to the amount paid at the general sales tax rate. Taxpayers will check a box on Schedule A, Itemized Deductions, to indicate whether their deduction is for sales or income taxes.

·         New Law Encourages Tsunami Relief Contributions. Contributions made to qualified charities to help victims of the Tsunami can be deducted for tax year 2004 even if they are made in January 2005, under a new law enacted on Jan. 7.

·         Sale of Personal Residence Acquired in a Like-kind Exchange. Taxpayers who convert rental property to a principal residence should know that a tax law change may limit their ability to exclude gain on the sale of that residence if they obtained the property through a like-kind exchange. Generally, a taxpayer can exclude up to $250,000 of gain on the sale of a home, provided the individual has owned and used it as a principal residence for two out of the five years before the sale. The exclusion is $500,000 for a married couple if both meet the use test. The American Jobs Creation Act of 2004 does not allow any exclusion if the taxpayer sells the home within five years of acquiring the property through a like-kind exchange. The new law applies to sales after October 22, 2004.

Changes Affecting Businesses

·         Increase in Section 179 Expensing.  The dollar limit on first-year expensing, also known as the Section 179 election, increases to $100,000 for equipment placed in service after December 31, 2002.  The previous limit was $25,000.  This means a business placing in service equipment costing $100,000 can deduct the cost in the first year and does not have to depreciate it over a number of years.

·         Expense Limit for SUVs. Businesses should be aware of a change regarding the deduction for certain sport utility vehicles (SUVs) placed in service after Oct. 22. Under the American Jobs Creation Act of 2004, businesses cannot take a first-year deduction of more than $25,000 for an SUV. The business would depreciate the remaining cost. (The limit for vehicles placed in service before Oct. 23 was $100,000.) The new limit does not affect other types of property where the taxpayer decides to expense the cost instead of depreciating the property.

·         Bonus Depreciation Increase.  The provisions for bonus depreciation increases from 30% to 50% for equipment acquired after May 5, 2003.  This higher limit runs only through 2004.

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