Its a rare occurrence when Democrats and Republicans agree on an issue. But on the issue of a particular Obama health care tax requirement, both sides agree that it could hurt businesses.

As reported by CBS News, Republicans in the Senate want to repeal a part of President Obama’s health care reforms they say place undue burden on businesses — and so do, apparently, Democrats.

Senate Democrats, led by Florida Sen. Bill Nelson, introduced on Thursday a measure to roll back a provision of the health care reforms that requires businesses to fill out more tax forms, the Hill reports.

Republicans had already introduced a plan to repeal the provision, and the measure was gaining support — including the support of one Democrat, moderate Sen. Blanche Lincoln of Arkansas.

The provision in question requires businesses to fill out a 1099 form with the IRS once the goods it purchases from another business in the span of a year exceed $600. It does not create a new tax, but simply requiring businesses to fill out the paperwork would generate approximately $17 billion over 10 years, the nonpartisan Congressional Budge Office estimates.

Senate Minority Leader Mitch McConnell said this week the provision would create “an enormous amount of paperwork and complexity” for businesses, the Hill reports. Republicans are pointing to the new requirement as an example of how the president’s policies hurt business.

Given that repealing the provision would leave the government $17 billion short, the Republican proposal would cut billions of dollars in preventive health care services, according to the Hill.

By contrast, the Democratic proposal would scale back the filing requirement — only requiring businesses with more than 25 employees to fill out a 1099 after purchasing $5,000 worth of goods. To make up for the lost revenue, the Democratic measure would reportedly eliminate a tax break for large oil companies.

The Senate is slated to take a procedural vote on the Republican bill on Sept. 14, according to the Hill, and subsequently take up the Democratic alternative as an amendment.

Both Democrats and Republicans in the House also want to repeal the provision, but they failed to pass a bill to do so last week, because of differences of opinion over how to make up for the $17 billion lost.

Meanwhile, some states continue to challenge more significant portions of the health care reforms, such as the individual mandate — the requirement that all Americans acquire health care. A district judge this week denied the White House’s request to dismiss a lawsuit against the requirement. The Virginia General Assembly passed legislation this year exempting state residents from the federal coverage mandate, and the Virginia Attorney General filed suit against the federal law. Several other state attorneys general have filed a separate lawsuit challenging the federal law.

Former Vermont Gov. Howard Dean, a longtime liberal advocate for health care reform, predicted on MSNBC today that the individual mandate would be taken off the law books by 2014, when most of the reforms will be in place.

“Academically you want a mandate. The American people aren’t going to put up with a mandate,” Dean said. “I made this prediction before and I’m going to make it again: by the time this thing goes into effect in 2014, I think the mandate will be gone either through the courts or because it’s unpopular. You don’t need it.”

Even in the rare instance when both parties agree on a measure, they fail in passing it into law.

For once, can the House and Senate put politics aside and do the right thing?

source: cbs.com

Don’t look to your tax planner for help in preparing a 2010 tax strategy, at least not until Congress quits the political games and resolves the issue on tax cuts.

At the end of 2010, tax cuts enacted during the Bush years (2001 and 2003) are scheduled to expire, which will increase federal income tax rates for some Americans. Also at stake are taxes on dividends and capital gains, as well as tax credits and deductions.

Most Democrats and Republicans agree the middle class should not have to face tax hikes. But what about high-earners, families with income above $250,000 and singles above $200,000? Therein lies the battle.

The Obama administration favors allowing the Bush tax cuts to expire for wealthier Americans. Treasury Secretary Timothy Geithner this week argued the Administration plan would raise billions for the government with minimal impact on the economy.

“The top 2% are the least likely to spend those tax cuts, certainly not in comparison to the 98% of Americans who make less than $250,000 per-year,” said Geithner.

Republicans, though, are firmly opposed to the Administration plan. “We don’t believe anybody should face a tax hike, particularly in a recession,” said Don Stewart, press secretary for Republican Senate Minority Leader Mitch McConnell.

“It’s clear they want to hold hostage tax cuts for the middle class for their desire for more tax cuts for the wealthy,” countered Jim Manley, spokesman for Democratic Senate Leader Harry Reid.

As the tax rate deadline ticks, professional tax planners are growing impatient.

“They’re dysfunctional,” complained Evan Snapper, financial advisor with Anchin Block & Anchin. “It’s terrible. It’s a political game that’s hurting the country.”

Usually accountants advise clients to defer income and investment gains until the following year — why owe taxes now when you can put them off?

But the possibility of higher tax rates in 2011 calls that logic into question.

“It’s tax planning turned on its head,” said Doug Flynn, a certified financial planner at Flynn Zito Capital Management.

Because of the uncertainty, planners can’t yet advise clients whether to sell real estate, stocks and bonds or to convert traditional Individual Retirement Accounts into Roth IRAs, which requires payment of taxes on investment gains.

“It’s putting us almost in a standstill. We’re trying to get our ammunition ready, but we’re not certain what ammunition to load,” said Steven Bandini, a certified public accountant at Zapken & Loeb.

And for entrepreneurs who have to worry about both business and personal income taxes, it’s added an extra layer of uncertainty on top of the sluggish economy.

New York business owner Ellen Donath says she’s won’t even consider hiring additional staff, until the issue is resolved because she’s unsure of whether more of her company’s revenue will have to go for taxes.

“You don’t have a clue of what you can do,” said Donath, who runs Donath Communications, an advertising, marketing and design firm. “When you know what the rules of the game are, then you can play the game.”

source: money.cnn.com

A July 2010 report released by National Taxpayer Advocate Nina E. Olson to Congress expresses concerns about the adequacy of the IRS’ taxpayer service, particularly as the IRS begins to implement health care reform, about new information reporting burdens facing small businesses and others, and about certain IRS collection practices. The Nation Taxpayer mid-year report also identifies priority challenges and issues for the upcoming year.

The report points out that while more taxpayers are contacting the IRS for tax assistance, spending for IRS taxpayer service programs continues to decline. At the same time, more taxpayers have been contacting the IRS for assistance as the IRS has been tasked with administering an increasing number of social benefit programs, including Economic Stimulus Payments, Making Work Pay credits, and First-Time Homebuyer credits. The report says that as a result of the imbalance between taxpayer demand and IRS resources, the IRS has fallen short of providing adequate taxpayer service in important areas. Most notably, after answering a high of 87 percent of its calls from taxpayers seeking to reach a telephone assistor in FY 2004, the IRS answered only 53 percent of its calls in FY 2008 and has set of goal of answering only 71 percent in the current fiscal year.

The report attributes much of the problem to inadequate funding for taxpayer services. While funding for the IRS overall has been increasing in recent years, the additional funding has been earmarked for enforcement programs. An analysis of IRS budget trends conducted by TAS shows that since FY 2004, inflation-adjusted funding for IRS enforcement activities has risen by 17.9 percent while spending for taxpayer service programs has declined by 6.8 percent.

Should taxpayers hold out hope taxpayer services will get more funding? Don’t bet on it! As the economy takes its toll on revenue, expect the IRS to continue funding its enforcement programs and less funding for taxpayer services.

source: www.irs.gov

Will TV production companies stop filming in New Jersey?  Odds are they will, if the state axes the tax credit for production companies. At a state hearing Wednesday, actors, producers and directors made their case to extend the tax credit.

Representatives from “Mercy” and “Law and Order: Special Victims Unit” urged Republican Gov. Chris Christie to reconsider ending the 20 percent tax credit the state has offered since 2006 to lure movie and TV production companies to the state. Both TV series are filmed largely in New Jersey.

New Jersey has benefitted greatly by the popular and successful TV drama “The Sopranos”. Feature films such as “The Wrestler” starring Mickey Rourke as a professional wrestler past his prime and “Julie and Julia” starring Meryl Streep as cooking legend Julia Childs were also filmed in New Jersey.

“If there hadn’t been a credit program in place, New Jersey would not have been an option” as a location for “Mercy,” series producer Jim Bigwood told the hearing chaired by state Senate Budget Appropriations Committee Chairman Paul Sarlo, a Democrat and supporter of the tax credit.

Yesterday’s hearing was held in the warehouse where hospital drama “Mercy” has been filmed since last year. The series was not renewed by NBC but had been considered for cable, a possibility that was nixed because of uncertainty over New Jersey’s tax credit, according to Brian O’Leary, tax counsel for NBC Universal.

O’Leary contrasted the fate of “Mercy” with that of “Law and Order: Criminal Intent,” a New York-filmed series that NBC dropped but opted to move to USA Network.

Critics have characterized New Jersey’s film tax credit as an unnecessary handout to Hollywood. Christie has vowed to cut it from the state budget that must be passed by July 1.

New Jersey will do anything to close it’s budget gap, but cutting the New Jersey tax credit to production companies will continue the flow of businesses leaving the state. According to a study released by Boston College’s Center on Wealth and Philanthropy, from 2004 through 2008, $70 billion in wealth left New Jersey.

Will the TV stars rally for a tax credit extension really make a difference? I don’t think so. It appears the state hasn’t learned that offering tax credits and tax incentives attract, and keep, businesses.

No wonder New Jersey has a budget deficit.

source: The Jersey Journal