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Hurricane-Katrina

Who can resist a war funding bill on Memorial Day? As we expected, a version of the war funding bill finally made it through Congress – and this time, it has a chance of escaping the presidential veto.

The bill, with the concise and inauspicious title of “U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007″ (also referred to as H.R. 2006) allowed President Bush some measure of war funding and increased the federal minimum wage.

By some measure of funding, I mean an additional $93,018,295,000 (give or take a few billion, depending on how you categorize the funds) in supplemental war spending. That doesn’t include “emergency” sums to Department of State related activities like $836,555,000 in Diplomatic and Consular Programs, $20,000,000 for Educational and Cultural Programs, $283,000,000 to “Contributions for International Peacekeeping Activities” and $10,000,000 for broadcasting activities in the Middle East or the $57,400,000 to be paid to nongovernmental organizations in Iraq. It also doesn’t include more than $101,500,000 in refugee and immigration-related funds and an additional $27,500,000 previously unbudgeted funds for “Nonproliferation, Anti-Terrorism, Demining and Related Programs”. Bush was also allotted $220,000,000 in unrestricted military funding (no, that’s not political, it was actually titled “Funds Appropriated to the President”).

Oh, and there’s Katrina in the title. Congress and the President didn’t forget about Katrina victims, although relatively speaking (compared to the other expenses, it might feel like it). An additional $3,400,000,000 was granted for Katrina relief. There’s some mention of spending more than $100 million on research on the fishing and shrimping industry and $20,000,000 for NASA to “explore the consequences of Hurricane Katrina” – yes, NASA. And otherwise, there’s an additional $710,000,000 for “Disaster relief.”

And since Congress and the President are spending money on so-called emergency expenditures, they must have thought, why not throw in some extra money for salaries in the US? So, they are setting aside $139,740,000 in salary to clean up after the FBI investigation into the National Security Letters, handing the DEA an additional $3,698,000 and putting aside $75,000,000 for border patrol activities. The House also voted themselves an additional $6,437,000 in salaries and expense for “business continuity and disaster recovery.”

Approximately $1.9 billion (my hands are cramping from typing out all of the zeroes) is set aside for defense health programs. There’s money for aviation security, homeland security, FEMA, USCIS background checks, air cargo security research, wildland fire relief, the International Religious Freedom fund (who knew?), the Democracy fund, avian flu, mine safety, asbestos abatement for the Capitol building, and payments to the heirs of deceased Congressional members… We’re also helping Liberia get rid of some of its debt.

But lest you thinking the spending is wildly out of control, we are apparently rescinding our agreement to spend $13,000,000 to buy a maritime patrol aircraft for the Navy… the Colombian Navy.

While reading the bill, at some point, considering these were “emergency” or supplemental expenditures, in addition to our existing budget, my head began to hurt. I wondered if our Congressional officials even noticed the trailing zeros behind some of these appropriations… Reading the bill was an exercise in frustration.

And I began to wonder, like I am sure you are, how are we going to pay for it?

Well, we get to that after about 170 pages of spending.

For one, the federal minimum wage is being raised over 2 years to $7.25/hour. You can look at that as a revenue raiser in one of a couple of ways depending on your political leanings. You can look at it as more money to tax, thus, more revenue (it represents a full time salary boost of more than $4k/year per person). You can look at it as less services to be provided since people are making more money. Or you can look at it as more money being put into the economy stream, thus boosting the tax revenues for all. Take your pick.

There are also changes to the Tax Code, including:

- extension of the work opportunity tax credit

- an increase in the maximum Section 179 deduction (a deduction for property that’s expensed in one year as opposed to depreciated over several years) to $125,000, for taxpayers who purchase up to $500,000 of qualifying property

- “family business tax simplification” for spouses which basically allows a husband and wife with a qualified business venture who file jointly to not be taxed as a partnership

- some s corporation clean up provisions, including that capital gains from stock or securities are no longer classified as “passive investment income” for the corporate-level tax on c corporations

- the application of the “kiddie tax” for children who are 18 years old or who are full-time students over age 18 but under age 24

- the suspension of accrual of interest and certain penalties starting 36 months after the filing of the tax return if the IRS has not sent the taxpayer a notice specifically stating the taxpayer’s liability and the basis for the liability when the taxpayer would otherwise not be aware that tax was due

- the IRS is permanently empowered to charge user fees for certain kinds of letters and rulings

- increase in penalties for bad checks and money orders for the payment of taxes and fees

- increase in penalties for tax-preparers who prepare returns which understate a taxpayer’s liability

- increase in penalties for claiming false refunds

- imposition of a requirement for corporations to pay 114.25% of the tax due for the third quarter of 2012 as estimated tax payments to avoid penalties (and reduces the next quarter accordingly)

and of course, our old favorite,

- technical corrections.

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Mileage rates. I got to it, okay? Yes, this is #1 question I’ve been asked for the 2006 tax year. Take a deep breath. Here are the rates:

  • The standard mileage rate for business use of a car, van, pick-up or panel truck is 44.5 cents per mile.
  • The standard mileage rate for the cost of operating a vehicle for medical reasons or as part of a deductible move is 18 cents per mile.
  • The standard mileage rate for using a car to provide charitable services solely related to Hurricane Katrina is 32 cents per mile. Otherwise, the rate for providing services to charitable organizations is 14 cents per mile.

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As previously reported, the Senate approved a version of the tax bill. Not to be outdone, the House did, too (yesterday). The problem? Er, they’re not consistent and it’s not clear when (and if) the two can be reconciled.

The top priority of the House in what was a narrow victory, 234-197, seemed to be capital gains. The 15% tax rate for investment income, passed in years prior, was set to expire in 2008. Like most tax bills in Congress, the legislature again chose not to think long term and merely extended the current bill by two years. Likewise, other provisions set to sunset at the end of 2005, including deductions for state and local sales taxes and tuition, were also extended.

This follows a bill passed on Wednesday aimed at reducing the AMT consequences to the middle class. The AMT was originally implemented to prevent the wealthy from artificially reducing their tax bill through the use of “tax preference” items. However, the specifics of the AMT had not been re-examined in recent years and many middle class Americans were getting “caught” in the AMT tax snare. The bill passed by the House would extend for one year, through 2006, an increase in the levels of income that would be exempt from the AMT, which would result in preventing approximately 17 million or so taxpayers from being subject to the higher tax next year.

An additional tax bill passed overwhelmingly (415-4) to provide tax breaks and tax incentives to the Gulf Coast following the devastation of Hurricane Katrina.

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A number of tax revisions were passed in the Senate, but are sure to face new scrutiny in the House. Among the revisions are:

Increased income exemption levels in the Alternative Minimum Tax (AMT);

Extensions for state and local sales tax deduction through 2006;

Above the line deduction for qualified higher education expenses extended through 2010;

A credit for low-income taxpayers who make up to $2,000 to qualified retirement savings plans such as 401(k)s, 403(b)s as well as traditional and Roth IRAs through 2009;

Charitable deductions for non-itemizers and itemizers;

Elimination of a $1 billion tax break for oil and gas exploration previously approved by President Bush; and

Tax breaks to help rebuild regions destroyed by Hurricane Katrina.

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Some Federal Relief Is On the Way

8 September 2005

From irs.gov:
Katrina Victims Will Have Until Jan. 3 to File and Pay Taxes, IRS Says
IR-2005-96, September 8, 2005
WASHINGTON – Victims of Hurricane Katrina will have until Jan. 3, 2006 to file any returns, pay any taxes or make any deposits due, the Internal Revenue Service announced today.
This extends and expands relief granted previously by the [...]

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So Time Really IS Money…

8 September 2005

From irs.gov:
Treasury, IRS Announce Special Relief to Encourage Leave-Donation Programs for Victims of Hurricane Katrina
IR-2005-97, Sept. 8, 2005
WASHINGTON — Department of the Treasury and Internal Revenue Service officials announced today special relief intended to support leave-based donation programs to aid victims who have suffered from the extraordinary destruction caused by Hurricane Katrina.
Under these programs, employees [...]

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Swift Charity

6 September 2005

From irs.gov:
IRS Expedites Charity Applications, Urges Use of Existing Charities
IR-2005-93, Sept. 6, 2005
WASHINGTON — The Internal Revenue Service will provide an expedited review and approval process for new organizations seeking tax-exempt status in order to provide relief for victims of Hurricane Katrina. However, the agency encourages people to use existing organizations currently working on immediate [...]

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We want to help!

2 September 2005

The Erb Law Firm would like to offer assistance to attorneys who are affected by Hurricane Katrina.
Any attorneys in the affected area who need help in preparing federal extensions (tax or immigration) or sending notices to clients, please call our offices or email katrina@erblaw.com. If we can help, we will.
Our thoughts and prayers are with [...]

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IRS Disaster Relief Toll Free Number

1 September 2005

Announced today:
IRS Creates Disaster Relief Toll-Free Number
IR-2005-88, Sept. 1, 2005
WASHINGTON — The Internal Revenue Service announced today the establishment of a special toll-free telephone number for use by taxpayers affected by Hurricane Katrina.
People affected by Katrina who need help with tax matters can call 1-866-562-5227.
Beginning today, taxpayers can call the special number Monday through Friday [...]

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Tax Relief for Hurricane Victims

30 August 2005

From irs.gov:
IRS Grants Tax Relief for Hurricane Katrina Victims
IR-2005-84, Aug. 30, 2005
WASHINGTON — The Internal Revenue Service today announced special relief for taxpayers in the Presidential Disaster Areas struck by Hurricane Katrina.
These taxpayers generally will have until Oct. 31, 2005, to file tax returns and submit tax payments. The IRS will abate interest and any [...]

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