2013

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    Contact(s):

    Jay Hyde
    202-434-9266
    jhyde@aicpa.org

    Uncertainty over Fate of Federal Tax Provisions Complicates Year-End Planning for Businesses and Individuals, Say AICPA Tax Experts 

    Published November 21, 2013

    Washington, D.C., (Nov. 21, 2013) – The on-again, off-again nature of federal tax provisions creates uncertainty, which breeds complexity in the tax code, according to tax policy experts at the American Institute of CPAs (AICPA).

    With 2014 approaching, CPAs are busy meeting with clients to discuss year-end planning, according to Jeffrey A. Porter, CPA, chair of the AICPA’s Tax Executive Committee. “Typically, as a part of that process, we will discuss with clients transactions and the timing of those transactions – should it be before year end or after year end, for example – but that process is especially difficult with 57 tax provisions expiring on December 31. It is challenging to advise clients if you do not know what the tax laws will be in 2014,” he explained.

    Some of the expiring provisions – also referred to as tax extenders – are significant, according to Edward Karl, CPA, CGMA, AICPA vice president for taxation. “For businesses, these include increased expensing under Section 179, where the limit is dropping from $500,000 to $25,000, the 50 percent bonus depreciation, the work opportunity tax credit, and the credit for research and development expenses.”

    “The on-again, off-again nature of the expiring provisions creates a lot of uncertainty, and that uncertainty then creates more complexity in the tax code,” according to Porter. “It’s not unusual for the expiring provisions to be reinstated retroactively, also adding to the uncertainty and the complexity for long-term planning. Many taxpayers have come to anticipate that these expiring provisions are going to be retroactively reinstated. If they’re incorrect, that can prove to be a very costly decision for a small or medium-sized business. And the impact is not just limited to businesses. There are a number of individual provisions that are expiring, such as the deduction for state and local sales tax, the above the line deduction for tuition and tax-free distributions from individual retirement plans for charitable purposes.”

    Karl said he expects lawmakers to consider the extenders at some point, but that the timing is uncertain. “We encourage Congress to act now to either extend the provisions or to signal that it intends to allow them to expire,” he said. “We also urge Congress to make permanent those provisions that it intends to extend. In addition, we encourage Congress to enact future tax changes with a presumption of permanency, except in rare situations in which there is an overriding and explicit policy reason for making provisions temporary, such as short-term stimulus provisions or when a new provision requires evaluation after a trial period.”

    For a complete list of the expiring provisions, visit: https://www.jct.gov/publications.html?func=select&id=10

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