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Recently,
two pieces of legislation, the Patient Protection and Affordable Care Act
and the Health Care and Education Reconciliation Act of 2010 were signed
into law. Together, these pieces of legislation make the most significant
reform to health care in the United States since the enactment of
Medicare. The Congressional Budget Office estimates that by 2019,
approximately 32 million currently uninsured Americans will have health
insurance, at a cost of about $940 billion. A major component of the
reform legislation is the
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creation
of state-based American Health Benefit Exchanges and Small Business Health
Options Program Exchanges to provide health insurance for low-income
individuals and small businesses. The following is a brief description of
some of the most important provisions of the health care reform
legislation
For individuals
U.S.
citizens and legal residents will be required to have health insurance by
2014, with some exceptions. Those without insurance will face a tax
penalty of as much
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Please see New Health Care Reform below
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Employment Incentives
The recently signed federal Hiring
Incentives to Restore Employment (HIRE) Act brings two new tax benefits for
employers:
New
Hire Tax Credit: provides
employers with up to $1,000 for employing a qualified worker for at least 52
consecutive weeks, providing that the employee’s salary does not decrease
significantly in the second half of the year. The amount of the credit is the
lesser of $1,000 or 6.2% of the employee’s wages. This credit will be claimed
on the employer’s 2011 federal tax return.
Payroll
Tax
Exemption: allows
employers to exempt the 6.2% social security tax on wages paid to qualifying
employees, effective on wages paid from March 19, 2010 through December 31,
2010. Employees must still pay social security tax, and both employers and
employees must still pay Medicare tax.
Qualifying
Employees: are
individuals who begin employment after February 3, 2010, and before January 1,
2011, who have been unemployed or employed for less than 40 hours during the
60-day period prior to the date that employment begins, and who are not family
members of or related in certain ways to the employer. A Qualified Employee must sign form W-11.
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Roth IRAs:
Annual
Contributions:
Roth IRAs have been popular since their introduction in
1998, but high-income taxpayers have not been able to participate. Limits on Modified Adjusted Gross Income
(MAGI) have been raised for 2010. You can make a full contribution (up to
your earned income) of $5,000 (or $6,000 if over 50) if your
MAGI does not exceed:
- Single or Head of
Household - $105,000
- Married filing
jointly - $167,000
Conversions:
Starting in 2010, the $100,000 income limit does not
apply to Roth conversions, though inherited IRAs still cannot be
converted.
Deferral of
Conversion Tax:
When you convert a traditional (deductible) IRA to a
Roth IRA, you are taxed as if you received a distribution, though the 10%
early distribution tax doesn’t apply, even if you are under 59½. If you
made both deductible and non-deductible IRA contributions, the calculation
of the tax can be rather complicated.
For conversions in 2010 only, you can choose to pay the entire tax in 2010 or choose
to pay half with the 2011 tax return and the other half on the 2012 tax
return.
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To Convert or not to Convert? And if so, when to pay the
tax?
The answer rests on your taxable income in 2010 and
your expected income in future years.
While it is a common principle in economics that it is
better to pay $1 next year than today, there is also a good possibility
that tax rates will climb. You
should also consider how long you expect to keep the money in a Roth
before having to draw from it. The longer the investments stay in a Roth
the larger the cumulative tax savings.
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Guidance issued on Coverage for Children under 27
Employer-provided reimbursement for the medical care of
the employee, and his or her spouse or dependents, is excluded from the
employee’s gross income. This exclusion has been extended to
employer-provided reimbursements for medical care of the employee’s child
who has not attained age 27 by the end of the tax year.
The new guidance makes clear that the child of the
employee need not be a
dependent in order to qualify for this exclusion.
This provision is effective 3/10/2010.
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2011 Limits on HSAs Released
HSAs remain an attractive alternative to traditional
coverage. Both individuals and
businesses should check its financial advantages against existing
policies.
For 2011, the Treasury has released the
inflation-adjusted limits:
- The annual deduction
limitation for an individual policy with self-only
coverage under a high-deductible plan remains $3,050.
- The annual
deduction limitation for an individual with family coverage remains
$6,150.
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Expanded 1099 information
reporting starting for tax year 2011
As part of the Patient Protection and Affordable Care Act of
3/23/2010, businesses
will be required to report payment of over $600 per year of
goods or services made to anyone, including corporations,
except for entities exempt under 501 (a), which are charities and the
like. This change in information reporting has been discussed for a
long time as a means of tracking down more tax cheats, but until now
congress had not acted upon it.
The law represents a considerable expansion of information
reporting via 1099-MISC; in the past corporations were generally excluded
from information reporting; only payment for services (and goods paid for
incident to the service) over $600 per year, and goods over of $5000 per
year needed to be reported.
The requirement for information reporting starts in
2012. This start date suggests that your business will
need to be gathering reporting information in 2011, so it can be
reported on 2012 1099s.
This means that both business and individuals will be
asked to fill out, or request the completion, of form W-9 “Request for
Taxpayer Identification Number and Certification” starting January, 2011
before issuing any payment of over $600 from anyone.
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New Health Care
from page 1
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- as 2.5% of taxable income.
- Existing employer-sponsored
health insurance plans will be allowed to remain essentially the same
except the plans will be required to extend dependent coverage to
qualifying children through age 26 (see page 4); lifetime limits (and eventually, annual dollar limits)
on coverage must be eliminated, waiting periods for coverage cannot
extend beyond 90 days, and insurers will not be able to deny coverage
or charge higher premiums to people based on their health status and
gender.
- Medicaid eligibility will be
expanded to include individuals under age 65 whose income is less
than 133% of the Federal Poverty Level.
- For families with incomes up
to 400% of the Federal Poverty Level, tax credits and subsidies will
be available to purchase health insurance through state-run
exchanges, and to offset out-of-pocket costs.
- Contributions to a health
flexible spending account will be limited to $2,500 per year.
Reimbursements from health FSAs and HRAs for over-the-counter drugs
will be restricted, and tax-free reimbursements from HSAs and Archer
MSAs for over-the-counter drugs will not be allowed, while the tax on
HSAs and Archer MSAs increases for distributions not used for
qualified medical expenses (effective
1/1/2011).
- A rebate of $250 will be
available to Medicare Part D (drug coverage) beneficiaries who reach
the coverage gap (donut hole) and the coinsurance rate for costs
within this gap are gradually reduced to 25%. Effective in 2010
- Adults with pre-existing
conditions will be able to purchase coverage from temporary high-risk
pools until 2014, when coverage cannot otherwise be denied for
pre-existing conditions.
- A national program will be
established to provide limited reimbursement for long-term care
expenses for individuals who participate by contributing to the
program's cost through voluntary payroll deductions.
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We’re on the Web!
Visit us at:
www.meltzercpa.com
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Meltzer & Meltzer CPAs
7900 Old York Road C-2
Elkins Park PA 19027
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