Tax Provisions Within Obama Administration Budget Proposal

The Obama Administration has proposed a 2011For businesses, the budget proposes extending
federal budget intended to steer the economythe bonus depreciation deduction and the
toward recovery and create new sources of$250,000 ceiling on Section 179 expensing to 2010.
revenue to reduce our country's deficit. IfBoth provisions expired December 31, 2009.
enacted, the tax proposals in the budget wouldThe Section 179 deduction allows qualified
affect individuals, businesses, and estates.property to be expensed in the year that it is
Individual Provisionsplaced in service, as opposed to being depreciated
Perhaps the most wide-reaching provision in theover a number of years. The maximum Section
budget proposal allows the maximum personal179 deduction would remain $250,000 under this
income tax rate to increase from the presentproposed extension. (The maximum had reverted
35% to 39.6%, as had been in effect prior to theto $125,000 for 2010 under current law.) The
Economic Growth and Tax Relief Reconciliationbonus depreciation deduction, which allows
Act of 2001 (the Bush Administration tax cuts).businesses to expense 50% of the cost of
The 39.6% rate would apply to taxable income inqualified property, also would be extended to
excess of $373,650 and would be adjusted2010 under the budget proposal.
annually for inflation.The budget proposes a hiring tax credit of up to
The president also proposes raising the maximum$5,000 for each newly-hired employee. This tax
tax rate on qualified dividends and long-termcredit may not exceed $500,000 per employer.
capital gains to 20% (from the current 15%) forThe budget also proposes to extend and make
single individuals with income over $200,000 andpermanent the research tax credit. This credit,
for married taxpayers filing a joint return withwhich expired December 31, 2009, provides for a
income over $250,000.tax credit equal to 20% of qualified research
The budget proposes to benefit individuals byexpenses above a base amount.
extending numerous tax breaks that arePresident Obama also revived a prior proposal to
scheduled to expire. One provision to be extendedtax income from carried interests as ordinary
is the Alternative Minimum Tax (AMT) patch,income. Carried interests refer to profit interests
which increases the exemption from the AMT toan individual receives in entities (often hedge
prevent 20 million taxpayers from being subjectfunds), in exchange for services performed.
to this tax.Currently, carried interests are taxed at the 15%
Other provisions to be extended could include thelong term capital gains rates. Under the proposal,
state and local sales tax deduction and thethe individual receiving the carried interest would
tax-free charitable distribution from IRAs forbe taxed at ordinary income tax rates and
individuals required to take IRA distributions. Thesubject to self-employment tax as well as income
state and local sales tax deduction is primarilytax.
beneficial for individuals who live in low- orEstate Provision
zero-income tax states but can also be beneficialThe estate tax expired December 31, 2009. The
for those who made large purchases in 2010.budget proposal would reinstate and make
Individuals aged 70 1/2 and over would be eligiblepermanent the tax at the 2009 rates, providing
for tax-free IRA distributions of up to $100,000for an exemption of $3.5 million per estate and
to qualified charities. These taxpayers would avoidimposing the tax at a maximum rate of 45%.
paying taxes on these distributions in exchangeAlthough the specifics of any new tax legislation
for not claiming a charitable deduction on their taxto be passed in 2010 are uncertain, taxpayers
return.should anticipate tax increases to address the
Business Provisionssubstantial government deficits.