The following is a list of changes to the tax law for tax year 2009 that will impact individual taxpayers:

 New Tax Laws for Tax Year 2009
  • There is still a tax credit available for first-time homebuyers that is now worth up to $8,000. Also, the requirement to repay the credit over 15 years has been eliminated. The credit is 10 percent of the purchase of the home, with a maximum available credit of $8,000 for either a single taxpayer or a married couple filing a joint return; $4,000 for married persons filing separate returns. The full credit is available for homes costing $80,000 or more. Only the purchase of a main home located in the United States qualifies. You must buy the home after January 1st, 2009, and before April 30th, 2010. For a home that you construct, the purchase date is the first date you occupy the home. Taxpayers who owned a main home at any time during the three years prior to the date of purchase are not eligible for the credit. This means that first-time homebuyers and those who have not owned a home in the three years prior to a purchase can qualify for the credit. If you make an eligible purchase in 2009, you claim the first-time homebuyer credit on your 2009 tax return. For an eligible purchase in 2010, you can choose to claim the credit on either your 2009 (or amended 2009 return) or 2010 return.
  • For 2009, capital gains tax rates are 15% for taxpayers in the 25% or higher income tax brackets and 0% for taxpayers in the 10% or 15% tax brackets. In 2010, the 15% rate remains in place for all taxpayers while the 0% tax rate is eliminated.
  • The “kiddie tax” now applies to all children under 18 in 2009 and to dependent “student” children up to the age of 24. Dependent children under age 18 in 2008 and dependent "student" children under 24 that have investment income greater than $1,700 may be subject to a tax based on their parent's income.
  • The penalty for failure to file an income tax return has increased. If you do not file your return by the due date (including extensions) you may have to pay a failure-to-file penalty. For income tax returns required to be filed after 2009, the failure-to-file penalty for returns filed more than 60 days after the due date (including extensions) is increased. In this situation, the minimum penalty is the smaller of $135 or 100% of the unpaid tax.
  • The energy efficient home improvement credit is available for individuals to claim on their individual tax returns for energy-saving home improvements. Homeowners who make certain home improvements and equipment purchases may be entitled to a tax credit, a dollar-for-dollar reduction in your tax bill, of up to $1,500. The tax credit is available for qualifying property that is certified by the manufacturer as meeting energy-saving standards. In other words, you get a tax break while cutting your energy costs. These credits are available for the 2009 & 2010 tax years. If you would like to learn more about these energy tax credits, please contact us for more information.
  • The rules surrounding charitable contributions of cash and clothing changed in 2007 and still apply for 2009. All cash contributions made in 2009 to any qualified charity must be supported by a dated bank record or a dated receipt. Also, no deduction is allowed for most contributions of clothing and household items made in 2009 unless the donated property is in good used condition or better.
 
 Individual Tax Information, Deductions and Credits
  • The “Manufacturers Deduction” is available again this year. It is available to businesses and self-employed individuals in the amount of 6% (increased to 9% in 2010) of Qualified Domestic Production Activities Income. If you think this might apply to you, please mention it when you are meeting with us.
  • For 2009, there is still a tax credit up to a maximum of $2,400 for the purchase of electric and alternative motor autos (i.e. hybrids).If you purchased a hybrid, please let us know and we can calculate the amount of the credit available for you.
  • The standard mileage rate increased to 55 cents a mile for all business miles driven in 2009. The mileage rate for business miles driven decreases to 50 cents for 2010.
  • License plate fees can be deducted in addition to the mileage deduction.
  • If you are unable to file a timely return this year you can file Form 4868 by April 15 to receive an additional 6 month extension fo time to file your return. This is the only extension available to individuals this year. Remember, this is only an extension to file your return, it is not an extension to pay any tax due.
  • Even though the Alternative Minimum Tax exemption amount has increased, more taxpayers will be subject to this controversial tax than ever before. We can discuss if and how this may affect you when we meet.
 
 2009 Limits, Increases, and Phase Outs
  • The Standard Deduction Increased for 2009
    • Head of Household - $8,350
    • Married Filing Joint/Qualifying Widow(er) - $11,400
    • Married Filing Separately - $5,700
    • Single - $5,700
  • The amount you can deduct for each exemption increased from $3,500 to $3,650 in 2009.
  • Income Limits Increased for the Hope and Lifetime Learning Credits
    • For 2009, the amount of your Hope or Lifetime learning credit is phased out (gradually reduced) if your modified gross income is between $50,000 and $60,000 ($100,000 and $120,000 if you file a joint return). This is an increase from the 2008 limits of $48,000 and $58,000 ($96,000 and $116,000 if filing a joint return).
  • Individuals that do not claim the education credits can claim the tuition and fees deduction up to $4,000 in 2009.
    • If your modified adjusted gross income is less than $65,000 ($130,000 MFJ), your maximum tuition and fees deduction will be $4,000. If your modified adjusted gross income is greater than $65,000 ($130,000 MFJ) but less than $80,000 ($160,000 MFJ), your maximum tuition and fees deduction will be $2,000. If your modified adjusted gross income is greater than $80,000 ($160,000 MFJ), no tuition and fees deduction will be allowed.
  • Itemized Deduction Limitations
    • If your income exceeds $166,800 and you itemize, your total deductions will be decreased by 3% of your income that exceeds that figure. This is a new limitation and threshold for 2009.
 
 Retirement Plan & Health Savings Account Information
  • Contribution Limits Increased for Retirement Plans
    • Traditional IRA and Roth IRA - $5,000 ($6,000 if 50 or over)
    • 401(k) - $16,500 ($22,000 if 50 or over)
    • SEP - $49,000 or 25% of participants compensation generally limited to $245,000
    • SIMPLE - Lesser of $11,500 ($14,000 if 50 or over) or total compensation
  • You can deduct contributions made to a traditional IRA on your individual tax return. However, if you or your spouse is covered by an employer retirement plan, the amount of your deduction may be limited to the following:
    • If neither you or your spouse is covered by an employer plan, you can take a deduction for total contributions to one or more of your Traditional IRA's of up to the lesser of $5,000 ($6,000 if over 50) or your total compensation.
    • If you are not covered by a retirement plan but your spouse is, then you are eligible for the full deduction if your Modified AGI is less than $167,000, a partial deduction if your Modified AGI is more than $167,000 but less than $177,000, and no deduction if your Modified AGI is more than $177,000.
    • If you and your spouse is covered by an employer plan, then you can take the full deduction if your Modified AGI is less than $56,000 ($89,000 Married Filing Joint), a partial deduction if your Modified AGI is more that $56,000 but less than $66,000 ($89,000 and $109,000 for Married Filing Joint), and no deduction if your Modified AGI is more than $66,000 ($109,000 Married Filing Joint).
    • If you are filing Married Filing Separate, then you are only elegible for a partial deduction if your Modified AGI is less that $10,000.
  • Individuals have until April 15th of the following year to make a deductible contribution to an IRA for the current year.
  • There is no deduction available for contributions to a Roth IRA, however, all earnings can be withdrawn tax-free after you reach retirement age.
  • Generally, you can contribute to a Roth IRA if your Modified AGI is less than $105,000 ($167,000 for Married Filing Joint) in 2009.
  • A new tax law allows for the conversion of Traditional IRA's to Roth IRA's for individuals without any Modified AGI limitations during tax year 2010 and beyond.
  • Retirement Savings Contribution Credit
    • You may be able to take a tax credit if you make eligible contributions to a qualified retirement plan or IRA. The maximum credit available is $1,000 ($2,000 for Married Filing Joint). The credit is subject to phase-out at certain Modified AGI levels.
  • For 2009, the maximum Health Savings Account (HSA) deduction increased to $3,000 ($5,950 for family coverage). The maximum additional deduction for individuals age 55 or older increased to $1,000. For HSA purposes, the minimum annual deductible of a high deductible health plan increased to $1,150 ($2,300 for family coverage) and the maximum annual deductible and other out-of-pocket expenses limit increased to $5,800 ($11,600 for family coverage).