CONGRESS PASSES TAX EXTENTIONS

From the American Horse Council

Congress has passed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. President Obama signed the $858 billion package into law

almost immediately. The Senate passed the bill on Dec. 15 on a vote of 81 to 19. The House followed on Dec. 16, 277 to 148, with 112 Democrats and 36 Republicans voting no.

Passage of the legislation avoids tax increases, scheduled to go into effect automatically on Jan. 1, 2011, on everyone’s individual income, capital gains, and dividend income and on estates. The bill also includes other tax benefits for the horse industry supported by the American Horse Council.

After a bit of brinksmanship over extending the Bush-era tax cuts following the November elections, President Obama and Republican leadership sat down and hammered out
the legislation. There was some opposition in the House to extending the cuts for those making more than $250,000 a year and exempting estates valued at up to $5 million from the estate tax, out it was not strong enough to allow a tax increase on all Americans to go into effect on Jan. 1.

Tax rates – Under the legislation, individual income tax rates will remain at current levels for two more years, through 2012. The marginal rates will stay at 10 percent to 35 percent, depending on one’s income bracket. The rate structure is indexed for inflation. Had the bill not been passed and the current rates allowed to lapse, tax rates would have risen about 4 percent for each bracket.

The tax rate on capital gains will remain at 15 percent for another two years, rather than rising to 20 percent. The tax rate on dividends will remain at 15 percent for another two years, rather than being taxed at the same rate as a taxpayer’s ordinary income, which could be as high as 35 percent.

Payroll taxes for all workers will be reduced 2 percent from 6.2 percent to 4.2 percent for 2011 on wages up to $106,800. This will put up to $2,136 extra in the pocket of every U.S. worker.

Estate tax rate and exemption – Effective Jan. 1, 2011, the top estate tax rate will be 35 percent with an exemption of $5 million for individuals and $10 million for married couples through 2012. This means that only estates valued at over $5 million ($10 million for married couples) will be subject to the tax.

Expensing allowance – increased to 100 percent Under current law, anyone who purchases a horse or other property for his horse business and places it in service in 2010 can deduct up to $500,000 of the cost. This applies to horses, farm equipment and other depreciable property used in a business. This limit will be eliminated for 2011, allowing horse owners and other horse businesses to write off the entire cost of most capital assets when purchased and placed in service. This provision is retroactive and will benefit any business involved in the horse industry that purchases and places depreciable property in service after Sept. 8, 2010 and through 2011.

Contribution of property for conservation purposes – Under legislation passed a number of years ago, a landowner with 50 percent of more of his/her income from agriculture could get a deduction for the contribution of a conservation easement up to his/her full income, with any unused amount carried forward for 15 years. This provision had expired and the deduction was limited to 30 percent of income.

The tax bill reinstated the conservation easement benefit for two years, through 2012, for contributions made in taxable years after Dec. 31, 2009.