Historical Tax Notes
This document lists some of the important tax changes that occurred over the previous years. Many of these changes are no longer law.
Major Tax Acts
Covid-19 Distributions
Section 2202 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act treats Covid-19 as a qualified natural disaster, so it provides that the 10% early withdrawal penalty does not apply to a distribution of up to $100,000 made during 2020 to a qualified individual because of Covid-19. A qualified individual is an individual, spouse, or dependent diagnosed with Covid-19 or who has suffered financially, because of reduced or eliminated work hours or because childcare is unavailable, due to Covid-19.
These Covid-19 distributions may be recontributed to the tax-advantaged retirement plan during the 3-year period starting the day after the withdrawal. Recontributed amounts are treated as if the plan beneficiary received an eligible rollover contribution and, within 60 days, transferred the amount to a qualified retirement plan as a direct trustee-to-trustee transfer. Any distribution not recontributed is included as taxable income, but ratably over the 3-year period after the withdrawal or the taxpayer can elect to pay tax on the entire distribution by the filing date for tax year 2020.
This page lists the major changes in tax law, starting in 2020.
Taxpayer Certainty and Disaster Tax Relief Act of 2019
Source: Taxpayer Certainty and Disaster Tax Relief Act of 2019
This Act is divided into these sections:
- Tax Relief and Support for Families and Individuals
- Employment, Economic Growth, and Community Development Incentives
- Incentives for Energy Production, Efficiency, and Green Economy Jobs
- Extending Certain Provisions Expiring in 2019
- Reduces the Unified Tax Credit
- Provides Disaster Tax Relief
Here are some of the highlights of this Act that applies to most individuals.
Tax Relief and Support for Families and Individuals
- Change the expiration date of the exclusion from gross income of discharge qualified principal residence indebtedness from January 1, 2018 to January 1, 2021.
- Extends the expiration of the treatment of mortgage interest premiums as qualified residence interest from December 31, 2017 to December 31, 2020.
- Reduces the medical expense deduction for from 10% to 7.5% until January 1, 2021.
- Extends the qualified tuition and related expenses deduction from 2017 to December 31, 2020.
Incentives for Energy Production, Efficiency, and Green Economy Jobs
- Extends a Nonbusiness Energy Property Credit from 2017 to December 31, 2020, and changing the Uniform Energy Factor from 2.02 at least 2.2.
- Extends the energy-efficient homes credit from 2017 to December 31, 2020.
Extending Certain Provisions Expiring in 2019
- Extends the Employer Credit for Paid Family and Medical Leave from 2019 to December 31, 2020.
- Extends the Work Opportunity Credit from 2019 to December 31, 2020.
- The Credit for Health Insurance Costs of Eligible Individuals has been extended from 2020 to January 1, 2021.
Reduces the Unified Tax Credit
- The increased unified tax credit enacted by the Tax Cuts and Jobs Act will expire on January 1, 2023, instead of 2026.
Provides Disaster Tax Relief
- Allows tax-favored withdrawals from retirement plans, called qualified disaster distributions. A qualified disaster distribution will not be penalized if the distribution does not exceed $100,000 over the aggregate amount received by an individual for all prior taxable years for each qualified disaster. Also, the aggregate amount of qualified disaster distributions from all plans maintained by an employer or any member of a control group that includes the employer cannot exceed $100,000 for each person.
- Qualified disaster distributions can be repaid within 3 years of receiving such distributions, in which case, the repayment will be treated as a qualified rollover, equivalent to a direct trustee-to-trustee transfer within 60 days of the distribution.
- Unless the taxpayer chooses otherwise, the income from a qualified disaster distribution will be included in gross income ratably over a 3-year period.
- The limit for loans from qualified plans has been increased from $50,000 to $100,000.
- Applies an automatic 60-day extension for filing taxes.
Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019
Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 (SECURE Act) was signed into law on December 20, 2019, with most provisions taking effectJanuary 1, 2020. Most provisions improve the usefulness of retirement accounts for participants and increases the flexibility and reduces the costs of setting up retirement, accounts by employers. It also reduces liability for employers, especially for those who provide a lifetime income product, such as an annuity or other insurance product.
For taxpayers:
- The age for starting required minimum distributions (RMDs) has been increased from 70½ to 72, including those who will be 70½ in 2020;
- Contributions to a traditional IRA can now be made by participants older than 70½, if the participant has earnings from work. However, RMDs still must be taken by people at least 72 years old.
- Taxable amounts paid for graduate or postdoctoral study, such as a fellowship or stipend, count as compensation for IRA contributions.
- Beneficiaries of tax-deferred retirement plans must receive the full distribution within 10 years after the death of the employee or account holder; who died after 2019. Exceptions to the 10-year distribution rule include special beneficiaries, such as a surviving spouse, minor child, a disabled or chronically ill beneficiary, and beneficiaries not more than 10 years younger than the deceased retirement participant.
- The portability of retirement plans has been increased by allowing the lifetime income investment of a qualified defined contribution plan to be rolled over into the 401(k) of another employer or an IRA.
- $5000 of distributions from qualified retirement plans can be penalty-free if used to pay for expenses of a birth or an adoption, if the distribution was within 1 year of the birth or adoption; and withdrawals can be repaid as a rollover contribution to an eligible defined contribution plan or IRA.
- After the student graduates, if there is any money remaining in the 529 plan, then up to $10,000 from 529 plans can be used to repay student loans. 529 funds can also be used to pay for certain apprenticeship programs. Both changes apply to distributions after 2018.
- The Secure Act increases the penalty for failure to file federal tax returns to the lesser of $400 or 100% of the tax due, for returns due in 2020 or after.
- The Tax Cuts and Jobs Act (TCJA) applied the marginal tax rates of trusts to unearned income of children subject to the kiddie tax. This is been repealed, retroactively applied to 2018 and thereafter. Instead, the applicable tax rates that apply before the TCJA will apply. The lower AMT exemption for children subject to the kiddie tax, whether they paid the kiddie tax or not, has also been replaced, for 2018 through 2025, by the AMT exemption that applies for everyone else. Previously, the AMT exemption for children subject to the kiddie tax was $7500 + earned income.
For employers:
- Pension and benefit plan administrators must disclose the plan's lifetime income stream to the beneficiaries.
- Long-term, part-time workers can participate in 401(k) plans, if the employee worked more than 1000 hours in one year or 500 hours over 3 consecutive years.
- The new law adds a retirement plan credit for smaller employees who wish to start a retirement plan. The credit is worth $250 per employee who is not highly compensated, with a minimum credit of $500 and a maximum credit $5000, for up to 100 employees over a 3-year period starting after 2019. This credit applies to SEP, SIMPLE, 401(k) and profit-sharing plans. If the retirement plan includes automatic enrollment, then there is an additional credit of up to $500.
- For employer-sponsored retirement plans, the maximum auto enrollment contribution has been increased from 10% of wages to 15%.
- Benefit statements must include a lifetime income disclosure at least once during any 12-month period, that shows monthly payments that each participant would receive if the total amount were used to provide a lifetime income, including as a single life annuity and a qualified joint and survivor annuity.
- The new law facilitates small business owners to join open multiple employer plans (MEPs) by allowing unrelated employees to participate. The new law also lowers risk for small business owners by eliminating the IRS’s one-bad-apple rule. Previously, all employers of the plan could suffer adverse tax consequences if just 1 business participant failed to satisfy the rules of the MEP.
Premium Tax Credit
2019
Individual Shared Responsibility Payment
The Tax Cuts and Jobs Act eliminated the individual mandate and its penalty.
The tax penalty, the individual shared responsibility payment, may apply if the taxpayer did not have the minimum essential coverage for at least 9 consecutive months. One characteristic of minimum essential coverage is that deductibles and co-pays cannot exceed certain amounts. If the taxpayer received minimum essential coverage, which can include employer-provided insurance, COBRA, Medicare, or Medicaid, then the individual mandate is satisfied. The taxpayer only needs to check a box on the tax form to indicate that he was covered.
Insurers of individually purchased plans will send Form 1099s to the IRS for those who had coverage; the value of employer-provided insurance will be in reported on Form W-2, Wage and Tax Statement.
The tax penalty for 2015 is the greater of $325 per adult and $162.50 per child under age 18, with a family maximum of $975, or 2% of MAGI income exceeding the filing thresholds ($10,300 for single individuals and $20,600 for married couples under 65). In 2016, the penalty is the greater of 2.5% of household income, up to the average total annual premium for a Bronze plan sold through the Marketplace, or $695 per adult and $347.50 per child under 18, with a maximum penalty of $2,085. However, in calculating the percentage penalty, the filing threshold for the taxpayer is deducted from MAGI, then multiplied by the penalty percentage, up to the maximum. So, if a taxpayer claims head of household and earns $78,000 in 2018, then the filing threshold is $18,000, yielding a base income subject to the penalty of $60,000 (= $78,000 − $18,000), resulting in a penalty of $60,000 × 2.5% = $1500.
The penalty is capped at the national average premium of the bronze level health plan, which, in 2014, was $2448 per individual and $12,240 per family. After 2016, the tax penalty will be adjusted for inflation.
The penalties are calculated monthly, so 1/12 of the penalty is applied for each month without coverage. However, the taxpayer can go 3 months without coverage before the penalty kicks in.
If the tax penalty is not paid, then the IRS can only collect the unpaid penalty from future refunds — it cannot be collected by levy, such as garnishment, or lien. Moreover, no interest or additional penalties can be assessed on the original penalty. The statute of limitations that applies to the IRS for collecting payments is 10 years, so the IRS is permitted to deduct a penalty from any refund over the next 10 years, adding interest to the total until the penalty is paid.
Exemptions
Some people can receive an exemption from the individual mandate. Some exemptions can be claimed on the tax return, and some must be claimed from the Health Insurance Marketplace. Some can be claimed on either form. If the exemption must be claimed from the health exchange, then a signed application must be sent to the exchange, which is processed manually, possibly taking several weeks.
If the exemption is approved, the taxpayer will receive an exemption certificate number, which must be entered on the tax return. If the application for an exemption is denied, then the taxpayer can appeal. A taxpayer can apply for a retroactive exemption after December 31, but the process will take longer.
Qualified reasons for granting an exemption include:
- if insurance premiums cost more than 8% of the household income
- the taxpayer's income is less than the amount that would require the taxpayer to file a tax return
- the taxpayer is a member of a recognized healthcare sharing ministry
- not a US citizen or legal immigrant
- foreclosure
- unpaid medical bills
- death of the family member
- eviction
- incarceration
People with religious objections to health insurance and members of federally recognized Native American tribes can also get an exemption. The full list can be found that HealthCare.gov.
Form 8965
An exemption must be claimed on Form 8965, Reporting of Exemptions from Coverage to report that the taxpayer has a qualified exemption from buying health insurance. The exemption certificate number must be reported when filing the tax return to avoid the tax penalty from not having insurance.
2021 and 2022
For 2021 and 2022 only, the American Rescue Plan Act (ARPA), signed into law in March 2021, changes the premium tax credit (PTC) by raising the income phaseout and improving the credit formula to make health insurance more affordable for lower income taxpayers.
- The range of required household contributions to the premium will be reduced from 2.06% - 9.78% to 0% - 8.5%.
- Excess advance PTC (APTC) for 2020 need not be repaid. If you already filed your tax return, you do not need to file an amended return since the IRS will reduce the APTC to $0 and reimburse any excess already paid.
- Eliminating the credit for household incomes above 400% of the FPL is suspended.
Moreover, a new special enrollment period is now available until August 15 on the federal marketplace, which will allow taxpayers to enroll or change plans for 2021.
Applicable percentages determine how much individuals pay for health insurance premiums for coverage purchased through the Health Insurance Marketplace. The ARPA decreases applicable percentages and allows a PTC for household incomes over 400%.
Household incomes as a % of FPL and the applicable %:
- Less than 150% : 0%
- 150% - 199% : 0% - 2%
- 200% - 249% : 2% - 4%
- 250% - 299% : 4% - 6%
- 300% - 400% or more : 6% - 8.5%
Updated Guidance from the IRS: RRP-2021-23