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No Rest for the Bleary: New Tax Turns to Ponder

• Installment agreements. If you can't pay the taxes you owe all at once, you can enter into an installment agreement with the Internal Revenue Service and pay what you owe over time. Years ago, the agency used to allow such deals when the taxpayer, even on installments, couldn't pay the full amount. But in 1998 the IRS concluded that the law forbade such partial payment installment agreements. The bill clarifies that the law does allow such agreements.

• Stock options. For several years, tax experts have been debating whether incentive stock options, the type typically included in executive pay packages, should be subject to payroll taxes (Social Security, Medicare and unemployment). There has been no specific statutory exemption for them, and the IRS has talked about imposing payroll taxes on them, though it backed off in 2002 pending congressional guidance.

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Tax Changes Guarantee Surprises
Experts say those most likely to face an unpleasant shock are people in the income range of roughly $75,000 to $400,000.

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Well, that guidance came in this bill: no payroll taxes on these options.

That removes an uncertainty that some employers argued discouraged them from offering these options.

Loophole Closers

• Big SUVs. The provision of the bill that probably got the most attention was one that made big sport-utility vehicles -- those over 6,000 pounds -- ineligible for a special write-off generally available on equipment purchased by small businesses. The special write-off remains in place for other equipment but is now limited to $25,000 for big SUVs.

But there's hope for the fleet afoot. A special accelerated-depreciation provision that remains on the books until the end of this year would allow a small-business buyer of a big SUV worth, say, $70,000 to write off $52,000 by combining the accelerated depreciation with regular depreciation and the $25,000 write-off. The remaining $18,000 would have to be deducted over future years.

• Like-kind exchanges. Current law allows owners of real estate held for investment or income to sell a property and defer paying tax on their profit if they buy another business property worth as much as the one they sold or more. This treatment is not allowed for a personal residence.

However, the law does allow taxpayers who sell their residence to exclude profit of up to $250,000 for a single person and $500,000 for a couple.

Some taxpayers have figured out that if they sell a rental property, buy another, rent it for a while, then move in and live there for the required two years, they could sell and get $250,000 or $500,000 tax-free. Under the new law, a property will not qualify for the residential exclusion if it was acquired in a like-kind exchange within the past five years.

This may sound obscure, but congressional experts figure the change will bring the government $200 million it wouldn't have gotten over the next 10 years.

• Corporate airplanes. This may not bring tears to the eyes of beach-goers backed up at the Bay Bridge, but the bill closes down a parlay created by the U.S. Tax Court in 2000 involving the taxation of small-business owners and employees who use a company plane for personal travel. The court held that a company can let its employees (who may also be its owners) use its plane for personal travel and get a full deduction for the company as long as the cost of the trip is treated as compensation income to the employees. Because that income is supposed to reflect commercial fares, it is often small compared with the deduction the company gets for the plane. This allows small-business owners who also work for their company to use the company plane and report a modest amount of income and a much larger deduction, making the plane rides free or nearly so.

The new law specifies that the deduction cannot exceed the reported income when the travelers are company officers, directors or owners.

This change cuts off a rapidly spreading strategy and will bring in nearly $2.3 billion more to the government over 10 years, budget estimators figure.

• Charitable giving. The bill contains a number of provisions tightening up on charitable gifts, a subject we'll be taking up in detail next week.


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