New
tax bill may delay early returns - Late changes include mortgage
insurance deduction, other breaks
The hodgepodge tax bill that limped through the lame duck
session of Congress last week was passed so late in the
year that it may delay refunds and complicate the returns
that millions of Americans will start to fill out next month.
Provisions of the bill, expected to be signed by President
Bush this week, are not included on already-printed 2006
tax forms and some of the software programs used by individuals
to prepare their returns.
The best advice for eager-beaver tax filers: Wait a bit
for the red tape to un-snag.
"It makes it a little difficult from a practical standpoint
for the IRS and for individual tax planning," said
James Brandenburg, a certified public accountant with Kolb
+ Co. in Brookfield.
Terry Lemons, an IRS spokesman in Washington, agreed the
late changes "could have an impact on refunds for people
filing very early." He said the agency is studying
the bill, and after it is signed will announce how people
can claim the 2006 deductions it contains. People who get
paper forms will receive an additional mailing, he said,
while electronic filing procedures will be adjusted.
"We are going to do everything we can to minimize
the impact," he said.
While the mechanics of the bill are a lump of coal for
taxpayers, it contains a nicely wrapped gift long-sought
by Milwaukee's MGIC Investment Corp.: deductibility of premiums
on some of the mortgage insurance it sells.
The provision is only for 2007 and is among the least costly
of the more than 200 changes made in the bill. But it is
one of the most far-reaching for individuals.
In addition to the new mortgage insurance provision, the
bill also extends some popular tax breaks, including the
ability of teachers to take a $250 deduction for out-of-pocket
classroom expenses and of college students to write off
some tuition. It also makes Health Savings Accounts more
attractive.
Both the HSA and mortgage insurance provisions were added
at the insistence of U.S. Rep. Paul Ryan, Republican from
Janesville.
The HSA changes include the ability to make a one-time,
tax-free transfer to an HSA from an Individual Retirement
Account. Several technical provisions are aimed at making
it easier for individuals and businesses to fund HSAs in
a timely manner. The accounts allow people with approved
high-deductible health insurance policies to pay their own
costs from a tax-favored savings account.
The changes "clear away the statutory underbrush that
made it more difficult to offer HSAs to people," Ryan
said. He predicted they will allow the accounts to triple
to covering about 9 million people in two years.
Allowing transfers from IRAs will let people meet their
HSA costs more easily, he said, adding that the idea was
given to him by a constituent in Kenosha.
The mortgage interest deduction is the result of a five-year
collaboration between the industry and Ryan, said Curt Culver,
chairman and chief executive officer of MGIC.
In general, mortgage insurance must be purchased by people
who buy a house with a down payment of less than 20%. It
covers the risk to the lender.
The new law "just changes consumers' perceptions about
mortgage insurance, which today have been negative because
they see it just as an added expense," Culver said.
Making matters worse from his perspective: Some buyers
are being allowed to borrow their down payment through a
second mortgage, so they do not need to buy insurance. The
perceived advantage of that strategy is that all the mortgage
interest is deductible. Making mortgage insurance premiums
also deductible should take away some of that edge, Culver
said.
Ryan sees the provision as a way to encourage home ownership
by lower-income people, who are most often unable to come
up with a 20% down payment. For them, insurance is "just
part of the price of a mortgage," so it makes sense
to allow the premiums to be deducted, he said. Only people
with adjusted gross incomes of less than $100,000 can deduct
all of their premiums. The deduction is phased out completely
for people with adjusted gross incomes of more than $110,000.
The provision contains a potential trap for buyers, said
Mark Luscombe, an analyst for CCH, a tax information firm
in Riverwoods, Ill. "It will make people more likely
to take out mortgage insurance, and maybe that mortgage
insurance is more expensive than it needs to be," he
said.
Another possible problem is the one-year length of the
provision.
Ryan said he wanted to make the deduction permanent, but
the cost in tax dollars was too high. According to his office,
the one-year provision will cost the treasury about $91
million in lost revenue.
However, both he and Culver said they expect it to be extended
by later Congresses, and Luscombe said that is a good possibility.
As for the 3.4 million teachers who claimed the $250 deduction
for classroom expenses last year, CCH points out that they
must spend another $250 this year to qualify for a deduction
on their 2006 returns. "Year-end purchases made while
school is out for the holidays will qualify for the deduction,
even if they are not used in the classroom until 2007,"
CCH wrote in a recent report.
Among the other provisions in the bill:
--Extending the ability to deduct state and local sales
taxes rather than state and local income taxes.
--Increasing the penalty for frivolous tax return submissions
from $500 to $5,000.
--Extending the research and development tax credit for
businesses.