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ITF IPP Ch07 2019 IN LS

CHAPTER 7

TAX CREDITS

Income Tax Fundamentals 2019

Gerald E. Whittenburg

Martha Altus-Buller

Steven Gill

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1

LEARNING OBJECTIVES

 Calculate the child tax credit

 Determine earned income credit

 Compute child/dependent care credit

 Describe minimum essential coverage, individual shared responsibility provisions and calculate premium tax credit under Affordable Care Act

(ACA)

 Compute foreign tax credit

 Determine use and calculation of adoption credit

 Recognize basic individual credits for energy efficiency

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2

CREDITS AND DEDUCTIONS

A credit is a direct reduction in tax liability

Credits are used to target certain groups for tax benefit

Provide equal benefit to all taxpayers

A deduction is a reduction of taxable income

Reduces tax liability in the amount of benefit

Deduction x tax rate = tax benefit

Provides more benefit to higher income taxpayers

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3

CHILD TAX CREDIT

 Credit to taxpayers with qualifying children

 Up to $2,000 credit for each child under age 17 claimed as a dependent who is “qualifying child” *

 Two parts – non-refundable and refundable

 Nonrefundable credit is claimed on Line 12 of Form 1040; Line 12 includes qualifying dependent credit of $500

 Refundable credit is claimed on Form 8812

 TCJA made three significant changes to child tax credit

1.

Increased the credit per child to $2,000

2.

Increased the threshold for when phase-outs start

3.

Increased the refundable amount of credit for certain taxpayers

*Note: additionally, TCJA added a new qualifying dependent credit of

$500 for certain dependents*

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CHILD TAX CREDIT - CONTINUED

 Credit is $2,000 per child; however, phases out when:

 AGI > $400,000 (MFJ)

 AGI > $200,000 (all others)

 Credit phased out $50 for each $1,000 (or part thereof) that

AGI exceeds threshold

 $500 “other dependent credit” for each qualifying dependent other than qualifying children . For example – dependent parent or dependent child older than 17

 Portion that is nonrefundable is limited to amount of tax liability prior to child tax credit

 For example: Dante and Sharon have a tax liability of $2,300 before any credits. They are eligible for an education credit of $600 and a child tax credit of $2,000. Their AGI = $30,000.

The two nonrefundable credits = $2,600 > tax liability = $2,300

Nonrefundable child tax credit limited to $2,300 - $600 = $1,700, and a $300 refundable child tax credit is created for balance

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CHILD TAX CREDIT – CONTINUED #2

 Form 8812 used for refundable portion called “additional child tax credit”

• Refundable amount = $1,400/qualifying child, but limited as follows:

• If <+2 qualifying children, additional credit is lesser of unused child tax credit due to tax liability or 15% of earned income over

$2,500. From prior slide – the $300 refundable credit is limited to 15% of earned income less $2,500, but not more than $1,400.

($30,000 - $2,500) x 15% = $4,125, so entire $300 is a refundable credit.

• If 3+ qualifying children, can only be used to offset FICA taxes

(note: cannot be used to refund FICA). Credit limited to greater of 15% of earned income over $2,500 or amount of FICA paid up to unclaimed child tax credit

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CHILD TAX CREDIT EXAMPLE

Example

Kendra and Nguyen are taxpayers with children ages 25, 10, and 3 and they all have valid social security numbers. Their AGI is

$432,200 and they file jointly. What is their child tax credit, assuming all of their children are ‘qualifying children?’

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7

SOLUTION

Example

Kendra and Nguyen are taxpayers with children ages 25, 10, and 3, and they all have valid social security numbers. Their

AGI is $432,200 and they file jointly. What is their child tax credit, assuming all of their children are ‘qualifying children?’

(Clearly their tax liability greatly exceeds the amount of the nonrefundable credit).

Solution

AGI exceeds threshold, therefore must figure phase-out

($432,200 - $400,000) / $1,000 = 32.2

Round 32.2 up to 33

(33 x $50) = $1,650 reduction

Child tax credit = ($2,000 X 2) + $500 - $1,650 =

$2,850

Note: The two youngest qualify for the child credit, and the oldest child for the ‘other dependent’ credit

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CHILD TAX CREDIT - ASSORTED ISSUES

 Each child claimed must have TIN# by due date of return

• Qualifying dependent need not have SS# if credit is nonrefundable

 If taxpayer erroneously claims child tax credit (due to reckless/intentional disregard), then loses ability to claims for two tax years

• Extended to 10 years if fraudulent

 Preparers must complete Form 8867 (due diligence checklist)

 Refunds due to child tax credit will not be issued before

February 15 of subsequent year to give IRS time to review required information

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EARNED INCOME CREDIT (EIC)

 Refundable credit

◦ Serves as “negative” income tax

Intended to assist working poor by reducing tax burden

Taxpayers can get a refund even if they have no tax liability

 Taxpayer(s) with children can receive EIC

AGI limits (see page 7-8)

– based on no qualifying kids, 1, 2, or 3+

Not eligible if married filing separate

All parties must have valid Social Security numbers

Foreign income exclusion not allowed

U.S. citizenship required for entire year

Earned income must meet certain guidelines (see p 7-8)

◦ “Disqualified income” (certain types of investment income) must be less than $3,500

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EIC WITH NO QUALIFYING CHILD

 Taxpayer may get EIC, even without a qualifying child

Have to meet all the qualifications of prior slide plus

Taxpayer must be between ages 25 and 65

Taxpayer cannot be eligible to be claimed as another taxpayer’s dependent or be a qualifying child of another taxpayer

Taxpayer must live in U.S. for more than one-half of the tax year

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EIC WITH A QUALIFYING CHILD

 Taxpayer may get EIC with a qualifying child, with two exceptions to Chapter 1 definition

• Child need not meet support test and

• Child must live in a U.S. home for more than ½ year

Also, qualifying child cannot be claimed by more than one person and taxpayer cannot be a qualifying child of another taxpayer

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EARNED INCOME CREDIT (EIC) - CONTINUED

 Each child claimed must have TIN# by due date of return

 If taxpayer erroneously claims earned income credit (due to reckless/intentional disregard) – then loses ability to claims for two tax years (longer if fraudulent)

 If IRS rejects EIC for any reason other than math/clerical error, taxpayer must complete Form 8862 to claim EIC in a future year

 Refunds due to earned income credit will not be issued before February 15 of subsequent year to give IRS time to review required information

 Preparer must complete Form 8867, a due diligence checklist

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TO CALCULATE EIC

 Use EIC tables to calculate or ask IRS to figure for you on Schedule EIC

Appendix B provides EIC

Compare to results on Worksheet A (on p. 7-15) and take smaller of the two calculations

Shows up on line 66a in payments section

For taxpayers with qualifying child, Schedule EIC required

 EIC is reported on page 2 of 1040

Question : What is different about how this credit is reported on the 1040 compared to other credits?

Answer : It acts like a payment of tax and therefore taxpayer can receive refund, even if no tax is due

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CHILD & DEPENDENT CARE CREDIT

 Gives tax relief to working parents who must provide childcare for dependents

Dependent must be under age 13 or

Spouse or dependent who cannot care for themselves

 If child’s parents are divorced, child need not be dependent of taxpayer claiming credit if he/she lives more than 50% of year with that parent

 Multiply qualifying care costs (see next slide) by an applicable percentage, based on AGI

From 35% down to 20%

Credit percentages found on first page of Form 2441

(page 7-19) “Child & Dependent Care Expenses”

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CHILD & DEPENDENT CARE CREDIT -

CONTINUED

 Determine qualifying expenses

In-home and out-of-home care

Day camps qualify, but not overnight camps

Camp must be focused on fun/games, not education

 Limited to the lesser of

Earned income of lowest earning spouse* or

$3,000 (1 dependent) or $6,000 (2+ dependents), reduced by any amounts reimbursed by employer

Must include taxpayer ID # of caregiver

*If spouse is full time student, count him/her as earning

$250/month (1 dependent) or $500/month (2+ dependents)

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CHILD & DEPENDENT CARE CREDIT EXAMPLE

Example

Joanne has salary of $58,400 and investment income of $2,100. Lou, her spouse, is a full-time student for 12 months/year. They have three children under 13 and total daycare costs of

$12,800.

What is their Child and Dependent Care

Credit?

How would this change if Lou is not a student and works part-time, earning

$3,000, and Joanne received $2,200 of employer-provided dependent care assistance?

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SOLUTION

Solution

Qualifying costs are lesser of:

Her earned income $58,400 or his earned income $6,000

(imputed at $500 per month) or annual daycare bill of $12,800, but can only use $6,000

Multiply by % from table on Form 2441 (based on AGI)

$6,000 x 20% = $1,200 credit

If Lou works and Joanne receives assistance, qualifying costs are lesser of:

Her earned income $58,400 or his earned income $3,000 or annual net daycare bill $12,800 - $2,200 = $10,600

Multiply by % from table on Form 2441 (based on new AGI)

$3,000 x 20% = $600 credit

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AFFORDABLE CARE ACT (ACA)

Also called Obamacare

• 3.8% net investment income tax and .9% Medicare surtax impact high income taxpayers

Certain taxpayers exempt

• Can be for things like general hardship, religious opposition, unaffordability based on projected household income, etc. (table on p. 7-21)

• Report on Form 8965 (p. 7-23)

• Taxpayer issued an ECN “Exemption Certificate #”

Some provisions of ACA beyond scope of textbook (for example, the employer’s shared responsibility provision)

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INDIVIDUAL SHARED RESPONSIBILITY

 Need to show minimum essential coverage (MEC) or pay a ‘penalty tax’ for failure to meet these levels

This will not apply after 2018

MEC is level of health coverage that ensures essential

 benefits are provided

Taxpayer can purchase from

Insurance company

Through his/her employer

From health insurance exchange

Note: all plans must meet MEC, but coverage options vary and include bronze, silver, gold and platinum

Health insurance companies, self-insured employers, insurance exchanges, etc. that provide MEC issue yearend forms to taxpayer (Form 1095-A, 1095-B or 1095-C)

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INDIVIDUAL SHARED RESPONSIBILITY -

CONTINUED

Individual shared responsibility is calculated as an annual number, then divided by 1/12 for monthly use o

Applied to each household member without coverage or an exemption

MEC = greater of

(AGI taxpayer’s filing threshold) x 2.5% or

$695/adult plus $347.50/child

(family maximum of $2085)

Capped by national average annual bronze premium on federal exchange; for 2018 = $3,396 per person

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PREMIUM TAX CREDIT PROVISIONS

Eligible taxpayers (requirements on pages 7-26 – 7-27) may receive tax credit to lower the cost of health care o o o

Income eligibility is 400% of poverty level

Taxpayers below poverty level are eligible for

Medicaid and not the credit

Use specific tables to compute allowable credit; lesser of o o

Actual health care premiums paid or

Silver plan premiums less the taxpayer’s expected contribution healthcare premiums

See pages 7-29 – 7-31 for

Form 8962 Premium Tax Credit (PTC)

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EDUCATION TAX CREDITS

Tax law contains number of provisions intended to reduce cost of higher education – threaded throughout book

Benefit

Exclusion from gross income for scholarships

Employer-provided education assistance plans

Tuition reduction for school employees

Deduction of educational expenses

Student loan interest deduction

Qualified tuition programs

Coverdell ESAs

Tuition deduction (currently expired)

American Opportunity tax credit

Lifetime Learning credit

Learning

Objective

2.12

2.5

2.5

3.6

5.8

2.14

2.14

2.14

7.5

7.5

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AMERICAN OPPORTUNITY CREDIT (AOTC)

 Provides tax relief for qualified higher ed expenses – p. 7-34

 Calculated on Form 8863 (pp. 7-35 – 7-36)

 Available for each eligible student ( taxpayer, spouse or dependent) in first 4 years of college. To be eligible, student

Pursue a degree/recognized credential

Attend at least 1/2 time for one term during tax year

Have no prior felony drug conviction

Receive Form 1098-T from higher education institution

 Credit = 100% of first $2,000 + (25% of the next $2,000)

Maximum credit = $2,500

Phased out when AGI > certain levels (page 7-37)

40% of it is refundable

 Preparer must complete Form 8867 (due diligence)

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LIFETIME LEARNING CREDIT (LLC)

 Provides tax relief for education expenses - encourages taxpayers to take courses to acquire or improve job skills

Tuition and fees only (not books)

◦ Can be used for less than ½ time attendance

Credit is not subject to felony drug offense restrictions

 Calculated on Form 8863 -- Credit = 20% of first $10,000

Maximum credit = $2,000 per year

Lower AGI phase-outs than American Opportunity Credit

May take credit in relation to undergraduate, graduate or professional courses

No limit on number of years you may claim LLC

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LIMITATIONS

 For each student, taxpayer can get only one of the credits

 May take LLC for one student and AOTC for another student

 Only the person claiming the dependency exemption can claim a credit

 Cannot claim for sports, games and hobbies, unless the course is part of a degree program

 Must reduce expenses by tax-free scholarships or employer reimbursements

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EDUCATION CREDITS EXAMPLE

Example

Dave and Val (MFJ) have 2 dependent children and have AGI of $72,000. Sean is taking 4 credits (parttime enrollment) at City College of Newark. His tuition and fees are $4,200. Corey is a freshman at

Tulane. Her tuition and fees are $39,200. Neither child has a felony drug conviction. What amounts may Dave and Val claim as education credits?

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SOLUTION

Example

Dave and Val (MFJ) have 2 dependent children and have AGI of $72,000.

Sean is taking 4 credits (part time enrollment) at City College of

Newark. His tuition and fees are $4,200. Corey is a freshman at

Tulane. Her tuition and fees are $39,200. Neither child have felony drug convictions. What amounts may Dave and Val claim as education credits, assuming no scholarships?

Solution

Val and Dave may take $3,340 in total education credits . Their AGI is below the phase-out limits for both credits, so they get the full amount.

Sean may not take the AOTC because he is not enrolled half time.

Therefore (20%)($4,200) = $840 lifetime learning credit

Corey, as a freshman, qualifies for the AOTC

(100%)($2,000) + (25%)($2,000) = $2,500 AOTC

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FOREIGN TAX CREDIT

 U.S. taxpayers are allowed foreign tax credit on income earned in foreign country and subject to income taxes in that country

Mostly seen on dividends on foreign stock investments

Reported on Form 1116 (or if attributable to small amounts of withholding ($300/$600 S/M) then don’t need Form 1116

Can be carried back 1 year and forward 10 years

 Provides relief from double taxation on money generated from foreign sources

Maximum credit is amount paid to foreign governments

But limited to:

Net foreign income x U.S. tax liability

U.S. taxable income before credit

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FOREIGN TAX CREDIT EXAMPLE

Example

Joe Steele had $200,000 income from U.S. and

$100,000 income from employment in Lithuania.

He paid $40,000 in Lithuanian taxes. Assume his

U.S. tax liability is $85,069; what is Joe’s foreign tax credit for the current year?

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SOLUTION

Example

Joe Steele had $200,000 income from U.S. and $100,000 income from employment in Lithuania. He paid $40,000 in

Lithuanian taxes. Assume his U.S. tax liability is $85,069; what is Joe’s foreign tax credit for the current year?

Solution

Maximum Foreign Tax Credit is the $40,000 paid; limited to:

($100,000/$300,000) x $85,069 = $28,356 credit

Carry back (one year) or forward (ten years) the unused portion:

($40,000 - $28,356) = $11,644

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ADOPTION CREDIT

 IRS provides a credit as relief to taxpayers who pay adoption expenses and are married filing jointly

 Credit is amount spent up to $13,810 per adoption o

Adoption credit begins to phase out when AGI > $207,140 o

Different rules if pay expenses over more than one year or if foreign adoption or special needs child

 Qualified adoption expenses include court costs, legal fees, travel, etc.

 Unused credits can be carried over for up to 5 years

 Calculated on Form 8839

 Special rules for domestic and foreign multiyear adoptions

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EMPLOYER-PROVIDED

ADOPTION ASSISTANCE

 If an employer pays qualified adoption expenses on behalf of a taxpayer o

Employee may exclude amounts paid by employer o

Must occur under adoption assistance program

 Taxpayer may claim adoption credit and adoption exclusion for same adoption o

But cannot claim both credit and exclusion for the same expenses

 The total amount excludable per child is limited to

$13,810 (subject to phase out)

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OVERVIEW OF MAJOR ENERGY CREDITS

Energy credits are expiring, with only two remaining currently active

Credit

Electric vehicle

Nonbusiness energy property

Residential energy efficient property (REEP)

Qualified fuel cell motor vehicle

Qualified alternative fuel vehicle refueling property

IRC Section

30D

25C

25D

30B

30C

Status

Active

Expired 2017

Active

Expired 2017

Expired 2017

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PLUG-IN ELECTRIC VEHICLES CREDIT

Credit for purchase of hybrid gas-electric vehicles

° Amounts vary, based on combination of weight and kilowatt hour of traction battery capacity (between $2,500 -

$7,500)

° Credit phases out for each car manufacturer when they hit

200,000 cars sold

° Allowed for Chevy Volt, Nissan Leaf, Honda Clarityand numerous other electric vehicles

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RESIDENTIAL ENERGY-EFFICIENCY

PROPERTY (REEP) CREDIT

 Credit for alternative energy expenditures installed at taxpayer’s primary or secondary residence

30% credit for qualified installation of solar, wind or ground source geothermal heat pumps

Reduced to 26% for property placed in service starting in 2020, further reduced to 22% in 2021

◦ Can’t get credit for heating swimming pool or hot tub

 Intent is to aid solar/wind industries, while encouraging use of renewables

 Reported on Form 5695

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THE END!

My head hurts!

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